HomeMy WebLinkAboutDevelopers Agreement: Pickart Estates Phase I II I
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DEVELOPMENT AGREEMENT N�MLXE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COLINTY,WX
RECORDED ON.
10/08/2018 09-17 AM
RH',10RDING FEE-
PAGES- 13
Recording Area
Name and Return Address
City Attorney Office
P 0 Box 1130
Oshkosh WI 54903-1130
/-V
Parcel Identification Numbers (PIN)
DEVELOPER'S AGREEMENT
Pickart Estates Phase I
REIt IED
This instrUment drafted by: C T j,
-� �11 1 -1-1-1 1
Attorney David J Praska
<'Llf"ICICS OFT K"Ej
Oshkosh,Wl 54903-1130
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.0703 of the Wisconsin Statutes
providing for levying and assessing the cost of various improvements to the property herein
described.
WHEREAS, a subdivision development identified as Pickart Estates Phase I has been
recorded with the Winnebago County Register of Deeds and resulted in the dedication of certain
property as a future public park and other property dedicated as a public right-of-way; and
WHEREAS,the property dedicated as public right-of-way within Pickart Estates Phase I will
required the construction and installation of certain public improvements within this subdivision,
with the approval of the plat contingent upon, among other things, the actual construction,
installation,and/or payment of these public improvements by the Owner and the Developer; and
WHEREAS, the Common Council of the City of Oshkosh approved initial and final
resolutions pursuant to Section 66.0703 of the Wisconsin Statutes upon execution and approval of a
waiver,executed by the undersigned,Owner and Developer of property herein described of special
assessment notices and hearing; and
WHEREAS, the undersigned Owner and Developer have agreed, in consideration of
installation of various improvements and performance of services, to pay the full cost of such
improvements/services and related costs through invoice and/or special assessment financing
pursuant to Section 25-83 through 25-89 of the Oshkosh Municipal Code upon certification by the
City Engineer for the City of Oshkosh that said improvements have been completed, except for
certain improvements which may be installed by and/or paid for by the undersigned developer;and
WHEREAS,the Common Council of the City of Oshkosh by resolution adopted
SUS -1 5 ,2018, authorized and directed the proper City officials to enter into an
appropriate agreement to provide for full payment by the undersigned developer of said
improvements and related costs, and related matters;
NOW, THEREFORE, IT IS HERE-BY AGREED to by and between the City of Oshkosh, a
municipal corporation located in Winnebago County, Wisconsin ("CITY") and Paul A. Pickart
("OWNER") and K and P Developement, LLC ("DEVELOPER!'), in reliance on the recitals,
representation, and covenants made herein, as follows:
1. Owner covenants and warrants that he is the owner of all the property described as
follows:
Lots 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20,21,22,23,and 24,and Outlots 1,2,and 3,Pickart Estates
Phase I subdivision,recorded with the Winnebago County Register
of Deeds at Page in the book of Plats on k)0�)%A -ak 2018
as Document Number J-102 and 6eing part of the
June 29, 2018
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Southwest%.and the Southeast''/4 of the Southwest''/4 of Section 20,
Township 18 North,Range 16 East,City of Oshkosh,Winnebago
County,Wisconsin
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2. Owner and Developer,jointly and severally, agree to be responsible for the
obligations set forth in this Agreement,as well as all laws,rules,regulations which apply to
Pickart Estates Phase I.
3. Owner and Developer have requested, and consent to, services from and
installation by City of various improvements described as follows:
Survey and Inspection Services for Private Construction of:
Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals,
Sidewalk, Grading, Graveling, Restoration, Outlots 1 -4 Sidewalk and Trees,
Concrete Paving, Street Lighting equipment,and installation of lighting conduit.
Construction by the City of:
Remainder of Street Lighting including but not limited to: pull boxes, light bases,
wiring, installation of developer supplied light poles and light fixtures.
3. The Owner and Developer shall install,and the City expressly consents to Owner and
Developer installation of the following improvements:
Sanitary Sewer and I.,aterals,Water Main and Laterals,Storm Sewer and Laterals,Sidewalk,
Grading, Graveling and Restoration,Detention Basin Grading and Restoration,Park Land
Grading and Restoration, Concrete Paving, Terrace Trees, acquisition of Street Lighting
equipment, and installation of lighting conduit.
Owner and Developer shall perform survey,grading,restoration and inspection for all areas
outside of the right of way,including all lot corner elevations. All final restoration within the
Right of Way shall include 6" of topsoil, seed, fertilizer and erosion mat. Park land
restoration shall include a minimum of 6" of topsoil, seed, fertilizer and crimped straw
mulch.
G All services and installations shall be according to plans and specifications,and subject to the
approval and acceptance,of the City Engineer.
j4. No building permits will be issued for any lot to which utilities have not been extended to
and/or for any lot to which access has not been provided by graded, graveled and properly
maintained temporary roads. No building permits will be issued for any lots until an "as-
built"grading and drainage plan has been approved by the Department of Public Works. At a
minimum,the as-built plan shall show all drainage features,and lot line grades. The as-built
plan shall be certified by a Professional Engineer(PE)or a Registered Land Surveyor(RLS)
licensed in the State of Wisconsin to be in compliance with the grading and drainage plan
approved by the Department of Public Works. The Owner and Developer have requested to
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June 29, 2018
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leave lots four to six inches(4"-6")low to allow for basement excavation material to be used to
finish the grading. Owner and Developer shall be eligible for a Temporary Occupancy Permit
as allowed by law prior to completion of the structure and of the final grading. Owner and
Developer shall not be eligible for a Final Occupancy Permit until the building has been
completed as approved by the City Department of Community Development,and until the lot's
final grading has been approved by the City Department of Public Works, with thte final
grading considered approved upon providing an as built elevation of each lot at the time a
Final Occupancy permit is sought confirming final grades are within one tenth of a foot(0.101)
of grades shown on the approved Grading and Drainage Plan. All storm water management
facilities shall be compared to the original design. Any deviation from the design shall be
noted,and the Department of Public Works may require the Owner and Developer to confirm
that the as-built facilities comply with the storm water management ordinance.
Incorporated by reference within this Agreement is the approved grading and drainage plan as
required by Chapter 30 of the Oshkosh Municipal Code. These plans shall be adhered to and
maintained by the respective lot owners in a manner which is consistent with the original design,
function and capacity of the plan. If the respective lot owners fail,in the sole judgment of the City,
to properly maintain the grading and drainage plan, the City shall give notice of such fact to the
respective owner(s)who shall have the time specified in the notice to correct the deficiencies. If the
owner(s)does not satisfactorily complete the work within the time allotted,the City may enter the
property,using its own employees and equipment or contracting with others to complete the work.
Owner and Developer hereby grants in perpetuity to the City reasonable and appropriate access
easements over this subdivision for such purposes. Cost incurred by the City will be levied against
the respective lot(s)as a special charge pursuant to Section 66,0627 of the Wisconsin Statutes. This
provision constitutes Owner's and Developer's,and any respective lot owner's,waiver of the notice
of hearing and hearing otherwise required by Section 66,0703 of the Wisconsin Statutes. This
covenant is intended to run with the land and to survive any subsequent divestiture of title by Owner
and Developer,or any respective lot owner(s)to any successor in title but is not intended to benefit
third parties who are not a party to this agreement.
The Owner and Developer agrees to enter into a Long Term Maintenance Agreement and
Storm Water Management Facility Maintenance Agreement with the City prior to selling any interest
in any portion of the plat. The agreement will establish who shall be responsible for the long term
maintenance of Outlots 1 - 3, including but not limited to detention basin maintenance, sidewalk
maintenance and future special assessments.
5. It is specifically understood by and between the patties that the amounts set forth in
the attached Exhibit"A"Waiver of Special Assessment Notices and Hearing under Section 66,0703,
Wisconsin Statutes are estimates only. Invoices and assessments shall be based upon the actual costs
of services and construction. In the event that the estimated cost exceeds the actual costs of services
and construction, the Owner and Developer shall be responsible only for the actual cost of
construction. In the event that the actual costs of services and construction exceed the estimated
costs,the City shall be entitled to assess the property for any excess costs pursuant to statutory notice
and hearing or upon execution of an appropriate waiver.
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A. Payment for City Services
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The Owner and Developer shall supply a cash payment prior to approval for the services to
be provided by the City. The cost is included in Exhibit"A". The Developer shall pay all {
invoices, in cash,within 30 days of invoice from the City for additional services:
Survey and Inspection Fees for:
Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and Laterals,
Sidewalk, Grading, Graveling, Restoration, Outlots 1 -4 Sidewalk and Trees,
Concrete Paving, Street Lighting equipment, and installation of lighting conduit.
6. The attached exhibit,acknowledged by City and Owner and Developer as being true
and correct,is incorporated by reference as if fully stated herein.
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EXHIBIT"A"-Waiver of Special Assessment Notices and
Hearing under Section 66,0703, Wisconsin Statutes
7. Owner and Developer,and any successors in title,covenants and agrees to release the
City, it assigns, employees, agents and contractors from any and all claims arising from the City's
performance of its obligations under this agreement and shall further hold the City harmless for any
and all claims arising from Owner and/or Developer's performance of its obligations under this
agreement,and shall indemnify and refund to the City all sums which the City may become obligated
to pay, including attorney fees, arising from the parties' performances of this agreement within 30
days of written demand for payment.
$. Any refund which may be due Owner and/or Developer as a result of any special
assessment being in excess of the actual amount paid by City for said improvements is not assignable
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by Developer.
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9. All privately constructed improvements shall be completed within three years from
the date of this agreement or the Owner and Developer shall be considered in default of this
agreement and subject to the provisions of paragraph 12 relating thereto.
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10, The Owner or Developer shall provide a cash payment, in an amount equal to the
estimated cost for any publicly constructed improvements and/or services set forth in Exhibit"A"
attached hereto which shall be drawn upon by the City in payment of construction and/or related
costs for the public improvements. Payment shall be filed in the office of the City Clerk prior to
approval of the Final Plat by the Common Council.
Prior to approval by the Common Council,the Owner and Developer shall file a four year
performance bond or letter(s)of credit,which shall be renewable at the option of the City of Oshkosh
if such construction has not been completed within the three year period specified above and which
meets the approval of the City Attorney,which shall guaranty Owner and Developer's performance
of any privately constructed improvements as set forth in Exhibit"A"attached hereto. The Owner
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June 29, 2018
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and Developer may request a reduction in the letter of credit once annually for work that is complete,
but not accepted. The City will review the request and reduce the letter of credit as it deems
appropriate,portions of the value for the work,completed will be retained until the guarantee letter of
credit is filled. After written acceptance by the City of any privately constructed improvements,
Owner and Developer shall submit a letter of credit in the amount specified in the attached Exhibit
"A"as a guarantee of such improvements for a period of two years from the date of acceptance. The
Owner and Developer shall be responsible for repairs to said privately constructed improvements
during this two year guaranty period.
Failure to file an appropriate letter of credit shall entitle the City to stop all construction work
upon the project including construction performed by private contractors,by notice to the Owner and
Developer and any contractors. Notice may be given personally to an individual representative of the
contractor or Owner and Developer and/or sent by mail to the Owner and Developer or contractor. If
construction work continues without filing of an appropriate bond,the City shall be entitled to seek
an injunction to prevent further work on the project until such time as an appropriate bond is filed
and to seek such other and further relief as may be deemed appropriate. In addition to any equitable
relief,the City may seek monetary damages and upon judgment shall be entitled to its costs and fees
in pursuit of any action under the terms of this paragraph,
11. In addition to the remedies for default provided to the City by the financial guarantees
contained within this Agreement,the City shall have the right without notice or hearing to Owner
and Developer,or any successor in title,to impose special assessments for any amount to which the
City is entitled by virtue of this Agreement upon each and every lot within the subdivision. Such
assessments shall be imposed on the individual parcels in accordance with such parcel's share of the
amount to which the City is entitled in accordance with this Agreement and which amount has not
been paid by the Owner and Developer of such parcel or its successors or assigns. With respect to
defaulting Owner and Developer,this provision constitutes Owner and Developer's consent to the
installation by the City or designee of all public improvements and remediations required by this
Agreement and constitutes Owner's and Developer's,and any successors in title,waiver and consent
to all special assessment proceedings as described in Section 66,0703, of the Wisconsin Statutes.
This covenant is intended to run with the land and to survive any subsequent divestiture of title by
Owner and/or Developer to,and shall be binding on,any successor in title. The remedies provided
in this Agreement are not exclusive. The City may use any other remedies available to it.
12. Owner and Developer agree to pay any costs associated with the maintenance or
replacement of water stop boxes damaged during the development of this subdivision. It shall not be
necessary for the City to determine or establish by whom the damage was done. Owner and
Developer also agrees to pay any costs associated with maintenance to the gravel street base which
maybe necessary durinR the period prior to pavement construction. Owner and Developer shall pay
the actual costs incurred by the City within 30 days upon invoice from the City,
13. Owner and Developer shall, at its expense, move, reroute, and reconfigure the
underground drain tile used for storm water and ground water drainage purposes as proposed and
approved so that the resulting location of the drain tile is around and only within Outlot 2 of Pickart
Estates Phase I and subsequent phases.
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14. Outlot 4 of Pickart Estates Phase I has been dedicated to the City of Oshkosh for
public park purposes. Owner and Developer may temporarily use Outlot 4 for limited purposes
related its initial installation of public improvements within the public right-of-way. This permission
expires without notice at the completion of the initial public improvements. Owner and Developer's
use of Outlot 4 is at their own risk,and they shall be liable to the City to the extent any damages and
costs are related to their, or their contractors or assignees, use of Outlot 4. At the point all initial
public improvements are completed,Owner and Contractor shall leave Outlot 4 in a graded condition
according to the approved plan,with at least a uniform cover of six(6)inches of topsoil,seed,and
fertilizer,with crimped in straw for mulch.
15. This Agreement and its attachments,may be recorded at City's option,and if so done,
this document shall serve as Notice of Lien against all affected properties within Pickart Estates
Phase 1.
SIGNATURES ON FOLLOWING PAGE
I.
June 29, 2018
IN WITNESS WHEREOF,the parties heretofore have caused this Agreement to be signed by
the proper persons of each party and their corporate seals, if any,to be hereunto affixed.
Dated: 2018.
In the Presence of: Owner
Paul A. Pickart
3420 W. 9'h Ave.
Oshkosh, WI 54904
K and P Developernent,LLC
Developer
By:
K i'ev"n K. Jaenke,Vanaging Member
935 Linden Oaks Drive
Oshkosh,WI 54904
CITY OF OSHKOSH
B AndL'
Y__M�arkA7Rohloff, City Manager Pamela R.Ubrig, City Cle'rkNk
-"
J. g
XF 01*1%L;vel as s Lorens n'-ei y Attorney
STATE OF WISCONSIN STATE OF WISCONSIN
SS. SS.
WINNEBAGO COUNTY WINNEBAGO COUNTY
T ally came before me this day of
�
Personally came before me this ay of Pe
r)kvwbey-- 2018, the above-named A. 2018, the above-named
Rohloff, City Manager, and Pamela R. Ubrig,City Clerk, Paul A.'Pickart, and Kevin K. Jaenke, to me
of the City of Oshkosh, a municipal corporation, to me known to be the person(s)who executed the
known to be the persons who executed the foregoing foregoing instrument and to me known to be
instrument, and to me known to be such officers of said such persons , and acknowledged that he
corporation, and acknowledged that they executed the executed the foregoing instrument as such
foregoing instrument as such officers s the deed of said officer as the deed of said corporation, by its
Corp tb autho i autha
Notary Public, Winnebago County,WI
Notary Public,Winnebago Co., WI
My Commission expires/is: ;10'�o My Commission expires/is:
Attorney David J. Praska,Deputy City Attorney 1 0 0
Oshkosh, WI 54902-1130 HIRSC,
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June 29, 2018 VOTAF?
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PUBLIC
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Or
001011""
DEVELOPER AGREEMENT REQUIREMENTS
BEFORE adoption of the Developer Agreement by the City Council, the following items
must be filed with the Office of the City Clerk:
A signed waiver
A performance bond or letter of credit guaranteeing completion of private
construction within three (3)years.
Letter(s) of credit in the amount of any publicly constructed improvements or
services which may be drawn upon by the City in payment of construction and/or
related costs for the public improvements. Letters of credit shall be for four(4)years.
Please contact the Department of Public Works with any questions in this regard.
After private construction is complete,a two year letter of credit,which meets the approval of
the City Attorney,may be filed in an amount equal to 20%of the total construction cost to guarantee
the privately constructed improvements. Upon the written acceptance of the work by the City and
the filing of this two year letter of credit,the letter of credit or bond specified above may be released.
Written approval of private construction under a Developer Agreement will be issued by
Public Works when the work is completed.Please contact the Department of Public Works with any
questions in this regard.
An invoice will be issued by the Finance Director when notified by the Public Works
Department that work is completed.Invoices must be paid within thirty(30)days from the date of
invoice. Payments should be made to the Collections Division.
ANY change in the assessments or construction(private or public)that have been authorized
through a Developer Agreement MUST be amended through Council action. Please contact the
Department of Public Works to initiate any corrections in this regard.
This agreement requires the Owner and Developer,immediately upon transfer of title to any
of the property included within the agreement to fully pay the outstanding assessments and
anticipated future special assessments against the transferred parcel or portion. If you are
transferring the property to another developer and would like to request amendment to the
Developer's Agreement to reflect that transfer,please contact either the City Clerk or City Attorney's
office in this regard.
Phone Numbers:
Department of Public Works City Clerk's Office Director of Finance
236-5065 236-5011 236-5005
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June 29, 2018
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.0703,WISCONSIN STATUTES
The undersigned, owner of property benefited by the following improvements to be made by the
City of Oshkosh,Winnebago County,State of Wisconsin,to wit:
For public construction,surveying and inspection of concrete sidewalk and terrace tree
installation.
For private construction and public inspection and survey for sanitary sewer, storm sewer,water
main, laterals,grading&graveling,and concrete street pavement.
In consideration of the construction of said improvements by the City of Oshkosh, Wisconsin, I
hereby admit that such public improvement will benefit said property and consent to the levying
of special assessments against the premises under Section 66.0703 of the Wisconsin Statutes for
the cost of such improvements. In accordance with Section 66.0703 of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required by Section 66.0703 of the
Wisconsin Statutes; and I further agree and admit that the benefit of my property from the
construction of such improvements is in proportion to the footage thereof.
Description of Premises
Pickart Estates Phase I
Lots 1-24 and Outlot I and 4
Construction of Pauls Place,Marys Drive,Roberts Drive and Jimmys Drive
1. Sanitary Sewer&Laterals(Private Construction)
Estimated Construction Cost $241,457.00 Private
6%Survey and Inspection $14,487.42 Payment
2. Water Main with Laterals(Private Construction)
Estimated Construction Cost $266,759,00 Private
6%Survey and Inspection $16,005.54 Payment
3. Storm Sewer w/Laterals(Private Construction)
Estimated Construction Cost $196,570.00 Private
6%Survey and Inspection $11,794.20 Payment
4. Grading,Graveling and Restoration(Private Construction)
Estimated Construction Cost $78,299.46 Private
6%Survey and Inspection $4,697.97 Payment
01mgmetringWaiver ofSpecial Assess men Mwiver of Special Assess-by Subdivision\Pickan EstatesThaso I UPickan Estates Phase I Waiver.doe
Pickart Estates Phase I
Page 2 of 4
5. Detention Basin Grading, Site Work and Restoration(Private Construction,Private
Survey/Inspection)
Estimated Construction Cost $225,116.30 Private
6%Survey and Inspection $0.00 Payment
6. Sidewalk(Public Construction)Assess
Assessment Rate=$25.00 per front foot of each lot
Includes 6%for Inspection and Surveying
Sunrise Estates
Lot# Sidewalk Footage Sidewalk Cost Estimate
1 215.35 $5,383.75
2 85.00 $2,125.00
3 85.00 $2,125.00
4 85.00 $2,125.00
5 212.48 $5,312.00
6 210.62 $5,265.50
7 80.21 $2,005.25
8 8021 $2,005.25
9 80.21 $2,005.25
10 110.84 $2,771.00
11 105.95 $2,t48.75
12 83.42 $2,085.50
13 84.58 $2,114.50
14 218.08 $5,452.00
16 83.00 $2,075.00
16 83.00 $2,075.00
17 83.00 $2,075.00
18 83.00 $2,075.00
19 83.00 $2,075.00
20 83.00 $2,075.00
21 90.00 $2,250.00
22 90.00 $2,250.00
23 90.00 $2,250.00
24 226.07 $5,651.75
7. Concrete Street Paving(Private)—Paving completed by July 31,2021,
Native backf ill to be used in utility trenches, utilities must be completed by
December 1,2018. No paving until trenches have settled for three winter seasons.
1,950 Center Line Feet of Roadway at$220/lf=$429,000.00
Eleven(11)Handicapped Ramps at$600,00 each=$6,600.00
Sidewalk installation for Outlot I and 4— 1051.23 ft at$25/ft=$26,280.75
Estimated Construction Cost $461,880.75 Private
6% Survey and Inspection $27,712.85 Payment
MEngineeringlWaiwofSpecial AssessmantMaiverofSpecial Assess-by SubdivisiontPickan EstatesThase Mckarl Estates Phase 1 Waiverdoc
Pickart Estates Phase I
Page 3 of 4
8. Street Lighting
Lighting fixture/equipment acquisition $46,200.00 Private
Estimated Construction Cost(Public) $4,900.00 Payment
Includes installing bases,poles and fixtures
6%Survey and Inspection $2,772.00 Payment
9. Terrace Trees (Public Construction)Assess
Assessment Rate=$300 per tree
Outlot I and 4- 15 trees at$300 each=$4,500.00.
Each lot assessed$187.50 for Outlot I and.4 trees
Estimated number Tree Cost
Lot# of terrace trees Estimate
1 4.00 $1,387.50
2 2.00 $787.50
3 1.00 $487.50
4 1.00 $487.50
5 2.00 $787.50
6 5.00 $1,687.50
7 2.00 $787.50
8 2.00 $787.50
9 1.00 $487.50
10 3.00 $1,087.50
11 2.00 $787.50
12 2.00 $787.50
13 2.00 $787.50
14 3.00 $1,087.50
15 2.00 $787.50
16 2.00 $787.50
17 1.00 $487.50
18 2.00 $787.50
19 1.00 $487.50
20 2.00 $787.50
21 2.00 $787.50
10. Final Plat Monuments(Private)
Estimated Construction Cost $3,000.00 Private
VEnginteringMeiver otSpecial AmenmentVaiver of Special Assess-by SubdivisionTickart EstatesThme lVickad Lstales Phew 1 Waiverdoc
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Pickart Estates Phase 1
Page 4 of 4
Summary of Cost Calculations
Engr. and
Dev Agree Waiver Section Private Cost Inspection (Public) Public Construction
1 $241,457.00 $14,487.42
2 $266,759.00 $16,005.54
3 $196,670,00 $11,794.20
4 $78,299.46 $4,697.97
5 $225,116.30 $0.00 j
6 $0.00 $0.00
7 $461,880.75 $27,712.85
8 $46,200.00 $2,772.00 $4,900.00
9 $0.00 $0,00
10 $3,000.00 $0.00
Totals $1,519,282.51 $77,469.97 $4,900.00
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4—Year Irrevocable Letter of Credit or Bond for Private Construction=$1,519,282.51
Cash Payment for Public Engineering,Inspection and Construction=$82,369.97 {
2—Year Irrevocable Letter of Credit after Acceptance of Private Construction=$303,856.50
Signature of Owner:
Paul Pickart Date
Signature of Developer:K&P Developement
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Kevin K. Jaenke,Managing Date
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(:\Engineering\Waiver of Special AssassnwnAXVoivcr of Special Assess•by SubdivisionTicken Estate0fine ITickan Estates Rime I Waivecdoc