HomeMy WebLinkAboutDeveloper's Agreement- Lake Shore Development - Oshkosh Avenue Assesments i 111111111111111 HI
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DOC# 1814656
Document Number Document Title NATALIE STROIIMFYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON
rie 23/202n in:i3 AM
RECORDING FEE. 30.00
PAGES: 11
Recording Area
Name and Return Address
City Attorney Office
P O Box 1130
Oshkosh WI 54903-1130
CMG 62
Parcel Identification Number (PIN)
RECEIVED
CITY CLERICS OFFICE
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
(Oshkosh Avenue Assessments)
This instrument drafted by
Attorney Lynn A.Lorenson
Oshkosh,WI 54903-1130
1
January 14, 2020
1 ,1l
DEVELOPER'S AGREEMENT
WAIVER OF SPECIAL ASSESSMENT NOTICES
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.
NOW, THEREFORE, IT IS HEREBY AGREED by and between Lake Shore Development of
Oshkosh, LLC, a Wisconsin Limited Liability Corporation,230 Ohio Street, Suite 200, Oshkosh,
Wisconsin 54901, Prime Space, LLC, (Collectively the "Developers"); and the City of Oshkosh,
a Wisconsin Municipal Corporation,215 Church Avenue, Oshkosh, Wisconsin 54901 (City).
1 Purpose. The parties enter into this Agreement pursuant to Section 66.0703 of the Wisconsin
Statutes which provides for levying and assessing the cost of various improvements to the
Property described in this Agreement. Subsequent to the levying of special assessments
Developers reconfigured the parcels and have requested the City to allow them to agree to
final special assessments applicable to each parcel based upon the adjusted parcel lines. The
consideration agreed to by the parties is the mutual benefit resulting from the development of
the Property by the entities identified above and the construction of public facilities serving
the Property.
2. Property. Developers covenant and warrant that each is the owner of the Property described
as follows:
Prime Space, LLC —Parcel ID #1610870302 Described as follows:
Lot 1 of Certified Survey Map 7578 as recorded with the Winnebago County Register of
Deeds on December 26, 2019, as Document 1806723, being part of Outlot 2 of Certified
Survey Map#7398 (Document#1774474), and also part of Lots 1, 2, 4 and all of Lot 3 of
Rath's Addition, in the Sixteenth Ward, and part of vacated Rath Lane and Oshkosh Avenue,
and all of Lot 2 of CSM 7411 (Document#1777684), said Map being part of Lots 1 and 2 of
Rath's Addition and part of Lot 10 of Wilder's Replat, all of Winnebago County Records,
located in the Southwest '/4 of the Northwest 1/4 and the Southeast '/4 of the Northwest /of
Section 15, T18N-R16E, City of Oshkosh, Winnebago County, Wisconsin.
Lakeshore Development of Oshkosh, LLC—Parcel ID # 1610870100 Described as follows:
Lot 2 of Certified Survey Map 7578 as recorded with the Winnebago County Register of
Deeds on December 26, 2019, as Document 1806723, being part of Outlot 2 of Certified
Survey Map #7398 (Document#1774474), and also part of Lots 1,2,4 and all of Lot 3 of
Rath's Addition, in the Sixteenth Ward, and part of vacated Rath Lane and Oshkosh Avenue,
and all of Lot 2 of CSM 7411 (Document#1777684), said Map being part of Lots 1 and 2 of
Rath's Addition and part of Lot 10 of Wilder's Replat, all of Winnebago County Records,
2
January 14, 2020
Located in the Southwest % of the Northwest % and the Southeast 'A of the northwest `/ of
Section 15, T18N-R16E, City of Oshkosh, Winnebago County, Wisconsin.
3 Waiver of Special Assessment Notices and Hearing. In consideration of the construction by
the City of Oshkosh of the following proposed public improvements serving the Property,
Developers as owners of the Property hereby admit that the improvements will benefit the
Property and consent to the levying of special assessments for the costs of the improvements
against the Property
Concrete Paving, Traffic Signals, Storm Sewer Main and Laterals, Sanitary Sewer Main
and Laterals, Water Main and Laterals, and storm water management practices.
The City of Oshkosh developed preliminary assessment calculations based upon the City of
Oshkosh's Special Assessment Policy and upon unique characteristics of the proposed
project, including area assessments for utilities. The City provided the Developers with these
preliminary calculations of the special assessments for the affected properties and levied
assessments based upon the preliminary calculations and Lakeshore Developments of
Oshkosh, LLC's prior request to the City for review of the initial assessments.
Developer,individually and collectively,are requesting an adjustment to the final assessments
based upon their reconfiguration of the lots. The City has reviewed the request and agrees to
adjust the final assessments based upon the new lot configuration, the final assessment
amounts shall be entered as shown on attached Exhibit A.
Developer, individually and collectively, affirmatively assert that the assessments identified
in Exhibit A, reflect, in their opinion, a local benefit that is reasonable based upon the
uniqueness of each affected property.
The Developer's request does not affect the overall or total combined special assessment for
the affected properties. The properties subject to the proportionate changes proposed by
Developer are all owned by the Developer, and that by signing this Agreement each party
cumulatively comprising the Developer agrees to the change from Exhibit B to the
assessments in Exhibit A.
In accordance with Wisconsin Statutes Section 66.0703(7)(b), Developers hereby waive all
special assessment notices and hearings required by Wisconsin Statutes Section 66.0703, and
further agree and admit that the assessed property receives a benefit from the above-identified
public improvements,which is equal to or greater than the proposed assessment for such work
as identified in the Final Resolution for Special Assessments and Exhibit A attached hereto.
It is specifically understood by and between both parties that the amounts and costs set forth
in the attached Exhibits A and B, are estimates of amounts and costs only 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 Developer shall be responsible
only for the actual cost of construction.
Notwithstanding any other term in this Agreement, the Developer, individually and
collectively, affirmatively agree that in the event any assessment identified in Exhibit A is
determined by a court of competent jurisdiction to be invalid for any reason, then the City
3
January 14, 2020
retains the right to reassess all of the affected properties as otherwise allowed by law Each
•
part comprising the cumulative Developer consents to such reassessment as described in
Exhibit B and hereby waive all special assessment notices and hearings required by Wisconsin
Statutes Section 66.0703, and further agree and admit that the assessed property receives a
benefit from the above-identified public improvements, which is equal to or greater than the
proposed assessment for such work as identified in Exhibit B.
4. Payment of Assessments. Developer will pay for the improvements and services upon invoice
and/or through special assessment financing available 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.
5 Payment on Sale. The Developer has requested and the City hereby agrees that the
reconfiguration of the parcels and transfer of property as contemplated by this Agreement
does not constitute a sale or divestiture of the Property for the purposes of requiring payment
of the special assessments in full at the time of this Agreement.
Upon further sale or other divestiture of the Property, Developer shall pay in full the special
assessments applicable to that particular parcel as identified above and on the attached Exhibit
A, without regard to whether the parcel has been further subdivided by Developer after the
date of this Agreement.
6. Refund Not Assignable. Any refund which may be due Developer as a result of any special
assessment being in excess of the actual amount paid by City for said improvements is not
assignable by Developer.
7 Recording. This Agreement and its Exhibits and any attachments,may be recorded at City's
option, and if so done, this Agreement shall serve as Notice of Lien and/or encumbrance
against such Property
Signature Pages to follow
4
January 14, 2020
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. this day of February, 2020
LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC
-14,u-..) VII DO I
Randy Schmiedel, Managing Member Steve Hoopman, Partner /
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this i0 day of February,2020,the above-named Randy Schmiedel
and Steve Hoopman, to me known to be the person(s) who executed the foregoing instrument and
to me known to be such officers of said corporation, and acknowledged that he executed the
foregoing instrument as such officers as the deed of said corporation,by its authority
Ni4drypublic, State of Wiscon in
rC I doiai} ission expires: �J/z I Z\
r ,
w
5
January 14, 2020
Prime Space, LLC
By 06( getfititivk
William Steiner,Managing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
K, Vi&ucry
Personally came before me this q day of Jaeuery, 2020, the above-named William Steiner,
to me known to be the person(s) who executed the foregoing instrument and to me known to be
such officer of said corporation, and acknowledged that he executed the foregoing instrument as
,such officer as the deed of said corporation,by its authority
Notati,Public, State of Wisconsin
x : Iv;Co(xtmission expires: q-ZCP -2
•
January 14, 2020
CITY OF OSHKOSH / ff
By. And: 1. V 0 11 ` (, Lzi)if U 1.
Ma A. Rohloff, City Manager Pamela R. Ubrig, City Cler
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this Z0 day ofabrthey, 2020, the above-named Mark A.
kn
Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, a municipal
corporation, to me known to be the persons who executed the foregoing instrument, and to me
known to be such officers of said corporation, and acknowledged that they executed the foregoing
instrument''
en as such officers as the deed of said corporation, by its authority
No?ry Pjrhlic, Winnebago Co., WI
c WI C-mjnission expires/is: I2/iC/2023
Appr ed as to Form.
. Lorenso C Attorney
7
January 1.1. 2020
2/18/2020
Exhibit A
Parcel Number,Owner and Description
16-1087-0100 16-1087-0302
Lakeshore Development of
Oshkosh,LLC Prime Space LLC
Work Description Limits Lot 2 CSM 7578 Lot 1 CSM 7578 Total
N.Koeller St Paving Oshkosh Ave to Rath Ln $0.00 $0.00
N. Koeller St Paving Rath Ln to Four Wheel Dr $0.00 $0.00
N.Westfield St Paving Four Wheel Dr to Oshkosh Ave $94,211.49 $94,211.49
Oshkosh Ave Widening w/Signals N.Koeller St to Eagle St $86,591.47 $86,591.47
Storm Sewer/Stm Water Management $101,527.63 $60,433.11 $161,960.74
Sanitary Sewer Area Charges $14,969.51 $14,969.51
Water Main Area Charges $18,537.38 $13,039.00 $31,576.37
Sanitary Lateral $12,837.85_ $12,837.85
Water Lateral $23,034.44 $23,034.44
Total $351,709.75 $73,472.11 $425,181.86
Revised stormwater management costs based on new lot areas and area dedicated as ROW Costs are based on estimated quantities and bid prices.
I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project_Information\Quantities\Prelim Construction Costs\assessment calculations iteration 2 based on
bid prices Page 1
Exhibit B
Parcel number and description
16-0847-1000 164067-0100 1600.51.0200 „.,y.alye,QBSto e' yg;
H2Oshkosh Ave trC Lake Shore Dev of Osh LLC Caseys Marketing Co H2Oshkool Ave tie Total
Work Description Limits lot I CSM 7411 Lott CSM 7411 Lot CSM 7370 Vwred Akt llEy?ii
N.Keeler St Pavlov Oshkosh Ave to Rath In $000 $0.00 $0.00_ $0.00 $0.00
N.Koller St Paving Rath Lo to Four Wheel Dr $0.00 $0.00 $0.00 $0.00 $0.00
N.Westlleld St Paving Four Wheel Dr to Oshkosh Ave $40,797.67 $94,21149 • $41,780.75 $176,789.91
Oshkosh Ave Widening w(SIgnais toeller to Westfield $06,59147 $86,591.47 5173,161.93 $28,863.81 5315,219.68
Storm Sewer/5lm water management 557,677.63 $100941.98 $32,96552, 562,081.06 $253,666.09
Sanitary Sewer Area Charges $10,49332 $14,96951 • 511,46734 $36,930.17
Water Mein Area Charges $33,359.02 510,537.50 • $11,177.30 $63,1173.70
Sanitary Lateral jEstimatedl $5,756.80 511,637.05 $1,44591 521,04056
_Water lateral(Estimated) $12,17857 $23,034.44 • $2,294.77 $37,497.79
Total $246,854.48 $351,124.00 $206,149.45 $160,100.96 $964,227.69
•means costs were allocated to other parcels at developer's request
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filename: ashkosh17.dwq I PAGE 1 OF 3
® KEY # FOR ASSESSMENT SHEET
CITY OF OSHKOSH CONCRETE PAVING.SIDEWALK.WATER&SANITARY AND
/// ASSESSABLE AREA ENGINEERING DIVISION WATER SANRARY&STORM LATERAL ASSESSMENTS
(f REVISION DATE:
CERTIFICATION DAZE: N. WESTFIELD STREET OSHKOSH R At.TO
N. KOEl1ETt ST.
ASSESSMENT RATES: CONTRACT NO. DRAWN N. KOELLER STREET RATH W. TO N. WASHBURN ST.
WATER MAIN (CONT 18-14) = $0.5087 PER SQUARE FOOT
18-14 DB-20-201B
SANITARY SEWER (CONT 18-14) = $0.5219 PER SQUARE FOOT OSHKOSH AVENUE 120.0'W OF WESTFIELD ST. TO
GRAPHIC e u ea Im 600.0'E OF NESTF1ELD ST.
SCALE:(IN FEET)
SANITARY L WATER NEWT"/6'
STREET NAME FOR SANOARYSEWER WATER MMN SII VATER NEW I"WATER NEW CWAI4
KEY♦ PARCEL I.D. ADDRESS/DESCRIPTION OWNER 1 pfSlSSA11E SQUARE SANIEARY ADDRESS TOTAL
COINER LOT IEEE ASSESSMENT ASSESSMENT ASfoSMENTA SERVICE SERVICE LATERAL
T6-lD87-0I03 LOT CSM NIT LAKE SHORE DEVELOPMENT OF 0SHCOSHLLC NW6TIELD
N KOELLEP. PER DEVELOPERS AGREEMENT
OSHKOSH 13351.124M
E& 47-1031 LOT CSM 7411 LAKE SH0RE DEVIi0PM.1NT OF 0SHK0SHLLC N WFSTHEID
N KOHLER LEE DEVELOPERS AGREEMENT •
OSHKOSH • $266854A8
6 164847-090D OSIL0T 2 CSM 1739E ON OF OSHKOSH N WESIHND
N K09IFR 13353 36.79267 37.222E94 `
OSHKOSH 314.021 61
7 RAN W ROW COY OF OSHKOSH N WEITFIEID
NOTE BASED ON ASSUMPTION THAT'YRO RATH IN
ROW WYL BE VACATED AND USED AS DEVELOPABLE
LAND N KOHLER 12279 3624623 39.614.76
09IX0SH $15,R6119
3 16-I0874201 18200SHKOSH AVE PRIME SPACE LLC NW610ELD
N KOELLER $13,68937
OSHKOSH 313.68937
4 I6.1N70331 1344 OSHKOSH AVE PRLMESPACE LLC NWESIHELD
N KOHLER $8235677
OSHKOSH $22,156.77
5 16-1087-0401 VACANT PARCEL PRIME SPACE U.S N WESTFIHD
NKOSIS $9S91D2
OSHKOSH $7391IR
160847-070:1 LAKE SHORE PARK CITY OF OSHKOSH N WESTFIELD 9,600 35,01024 S4.83332
NK0EI19S 113.024 357,49535 119.68306-
0514(0SH 387,07213
$5.01024 375.41783 01.764.12 $050 SOLO 90.08 1760,170.67
•CALCUTATON WCWDB4G L0NG 90E CORNER L0T DEDUCTION
A ST0RMWAIER ASSESSMENT G FOR WATER QUANTITY&LATERAL LOT MUST STILL MEETSTORMWATER QUALITY REGIEREMENTS ON SITE •
SHEET3Of3
7009;unworn RREL
CITY OF O3NK03H CONCRETE PAVING,SIDEWALK.SANITARY E WATER.AND
NEW CSANTARYIAIFRAL•31,4WrEACH IFSHM8E) ENGINEERING DIVISION WATER,SANITARY.AND STORM SEWER LATERAL ASSESSMENTS
NEW i•WATER SERVICE•33.300.W EACH IESTMAIEI CONTRACT 18.14
CONCRETE APRON•S550 PERS0UARE FOOTLESS ANT CREDIT IETIMATE) DRAWN 11/23/2018
SANITARY SEWER 9RMLATON•$0..5219/8 WARD 181H NWESIPIELO SROSWASH AVE TOKOELLER ST
WATER MAIN DUTAL,TON•$0507/SFF
N COELLER ST.RAM W TO N WESTEED ST
REVISED
CERTIFIED OSHKOSH AVE.N KOELIER ST TO NWESTFIED ST