HomeMy WebLinkAbout22. 20-229 MAY 26, 2020 20-229 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT NO. I TO DEVELOPER'S AGREEMENT
WITH LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC ON
OSHKOSH AVENUE, N. WESTFIELD STREET AND N. KOELLER
STREET
INITIATED BY: CITY ADMINISTRATION
WHEREAS, developers have submitted a CSM to the City to split a lot they own
into two parcels and requested that the current assessments allocated to the existing
parcel be reallocated to the two new parcels.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to enter into
directed to enter into an Amendment to the Developer's Agreement for public
improvements related to property owned by Lake Shore Development of Oshkosh, LLC
along Oshkosh Avenue, North Westfield Street & North Koeller Street.
City
of r,A
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Economic Development Services Manager
DATE: May 19, 2020
RE: Approve Amendment No. 1 to Developer's Agreement with Lake Shore
Development of Oshkosh, LLC on Oshkosh Avenue, N. Westfield Street
and N. Koeller Street
BACKGROUND
The redevelopment of the area north of Oshkosh Avenue from approximately Rath Lane
to N. Westfield Street and the construction of Oshkosh Corporation global headquarters
necessitated improvements to Oshkosh Ave., N. Koeller St. and N. Westfield St. to serve
these properties. In order to allocate the assessments to the new privately -owned parcels
that were created in the area, the private developers and the City entered into a
Development Agreement approved by Common Council on July 9, 2019.
The developers of the private property have submitted a CSM to the City to split a lot
they own into two parcels and requested that the current assessments allocated to the
existing parcel be reallocated to the two new parcels. As a result, the City has drafted an
amendment to the Development Agreement to meet the developer's request.
ANALYSIS
Overall the original development agreement remains the same. The amendment to the
Developer's Agreement simply allows the City to split the assessment previously made
to the larger single parcel to the two newly created parcels per the developer's request,
while ensuring the City recovers the full amount of the assessments.
FISCAL IMPACT
The amendment to the Developer Agreement with Lake Shore Development of Oshkosh,
LLC does not change the total amount of assessments the City will ultimately collect for
the work, which is approximately $184,000. This amount is less than the original
assessment amount, as the project is complete and final costs were less than the original
estimates. The developer can pay the assessments in installments, however, the
assessments for each parcel are required to be paid in full when that parcel is sold.
The City Council approves Amendment No. 1 to the Developers Agreement with Lake
Shore Development of Oshkosh, LLC.
Submitted: Approved:
Kelly Nieforth MarkA. Rohloff
Economic Development Services Manager City Manager
C:\Users\andreaf\AppData\LOc l\Microsoft\Windows\1Net ac a\Content.Outlook\4BQSRBNR\Oshkosh Ave Dev Agreemnt amendment Memo 519-20(W2)Lyms
comments doa
Document Number 1 Document Title
Recording Area
ame and Return Address
City Attorney Office
P O Box 1130
Oshkosh WI 54903-1130
Parcel Identification Number (PIN)
AMENDMENT TO DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
(Oshkosh Avenue Assessments)
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh, WI 54903-1130
12, 2020
AMENDMENT TO DEVELOPER'S AGREEMENT
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(the "Developer") 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.
Lake Shore Development of Oshkosh, LLC and the City of Oshkosh previously entered into
a Developer's Agreement for Financing Improvements which was recorded in the office of
the Register of Deeds for Winnebago County on July 26, 2019. The Developer's Agreement
provided for the levying of special assessments against Developer's property located along
Oshkosh Avenue in the City of Oshkosh.
Subsequent to the levying of special assessments in accordance with the 2019 Developer's
Agreement, Developer proposed dividing one of the parcels subject to the Developer's
Agreement into two separate parcels by certified survey map. Developer has requested the
City to allow Developer to divide the amount assessed to this parcel and assess the two newly
created parcels. 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. Developer covenants and warrants that it is the owner of the Property described as
follows:
Lakeshore Development of Oshkosh, LLC — Parcel ID # 1608490100 described as follows:
Lot 1 of Certified Survey Map 7473 as recorded with the Winnebago County Register of
Deeds on May 1, 2019, as Document Number 1788287, being Lot 1 of Certified Survey Map
7370 and part of Lots 3 and 4 of Block 110 of Leach's Map of 1894, all being part of the
Southeast Quarter of the Northwest Quarter of Section 15, Township 18 North, Range 16
East, City of Oshkosh, Winnebago County, Wisconsin.
Such parcel being further divided at the same time as this Amendment by Certified Survey
Map , attached to this Agreement as Exhibit E into Lots 1 and 2 described as follows:
Lakeshore Development of Oshkosh, LLC -Parcel ID # 1608490101 described as follows:
Lot 1 of Certified Survey Map as recorded with the Winnebago County Register
of Deeds on May , 2020, as Document Number , being a portion of Lot 1 of
2
May 12, 2020
Certified Survey Map 7473 as recorded with the Winnebago County Register of Deeds on
May 1, 2019, as Document Number 1788287, and part of Lots 3 and 4 of Block 110 of
Leach's Map of 1894, all being part of the Southeast Quarter of the Northwest Quarter of
Section 15, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County,
Wisconsin.
Lakeshore Development of Oshkosh, LLC — Parcel ID # 1608490102 described as follows:
Lot 2 of Certified Survey Map as recorded with the Winnebago County Register
of Deeds on May , 2020, as Document Number , being Lot 1 of Certified
Survey Map 7473 as recorded with the Winnebago County Register of Deeds on May 1, 2019,
as Document Number 1788287, and part of Lots 3 and 4 of Block 110 of Leach's Map of
1894, all being part of the Southeast Quarter of the Northwest Quarter of Section 15,
Township 18 North, Range 16 East, 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 is requesting that the final assessment for the above -described Property be divided
and assessed to the Property on an equal basis to the two new lots to be created as identified
above. The City has reviewed the request and agrees to adjust the final assessments based
upon the newly created lots, the final assessment amounts shall be entered as shown on
attached Exhibit D.
The properties subject to the changes proposed by Developer are all owned by the Developer,
and that by signing this Agreement the Developer agrees to the change from Exhibit B of the
original 2019 Developer's Agreement to the assessments in Exhibit D. Exhibit D sets forth
the final amounts to be certified in relation to the special assessments. While the Developer's
request to divide the Property does not affect the overall special assessment for the Property,
the final certified amounts may differ from the initial estimated amounts included in Exhibit
B to the original Developer's Agreement.
Developer affirmatively asserts that the assessments identified in Exhibit D, reflect, in its
opinion, a local benefit that is reasonable based upon the uniqueness of each affected property.
3
May 12, 2020
In accordance with Wisconsin Statutes Section 66.0703(7)(b), Developer hereby waives all
special assessment notices and hearings required by Wisconsin Statutes Section 66.0703, and
further agrees and admits 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 D
attached hereto.
Notwithstanding any other term in this Agreement, the Developer affirmatively agrees that in
the event any assessment identified in Exhibit D is determined by a court of competent
jurisdiction to be invalid for any reason, then the City retains the right to reassess all of the
affected properties as otherwise allowed by law. Developer consents to such reassessment as
described in Exhibit D and hereby waives all special assessment notices and hearings required
by Wisconsin Statutes Section 66.0703, and further agrees and admits 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 D.
4. Payment of Assessments. Developer will pay for the improvements and services upon invoice
and/or through special assessment financing available pursuant to Chapter 25 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 dividing the
parcels by CSM 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, transfer or 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
E, 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
M
May 12, 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 May, 2020
LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC
51
Randy Schmiedel, Managing Member Steve Hoopman, Partner
STATE OF WISCONSIN
) ss.
WINNEBAGO COUNTY)
Personally came before me this day of May, 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.
Notary Public, State of Wisconsin
My Commission expires:
5
May 12, 2020
CITY OF OSHKOSH
By: And:
Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this day of May, 2020, the above -named Mark A. 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
as such officers as the deed of said corporation, by its authority.
Notary Public, Winnebago Co., WI
My Commission expires/is:
Approved as to Form:
Lynn A. Lorenson, City Attorney
6
May 12, 2020
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Exhibit E placeholder (recorded CSM will be included in final agreement)
CERTIFIED SURVEY MAP #
TO SUBDIVIDE LOT 1 OF CERTIFIED SURVEY MAP 7473, RECORDED
AS DOCUMENT NO. 1788287, BEING PART OF THE SOUTHEAST 1/4
OF THE NORTHWEST 1/4 OF SECTION 15, TOWNSHIP 18 NORTH,
RANGE 16 EAST, CITY OF OSHKOSH, COUNTY OF WINNEBAGO,
STATE OF WISCONSIN.
OWNER:
LAKE SHORE DEVELOPMENT OF OSHKOSH, LLC
230 OHIO STREET
OSHKOSH, WI 54902
I
NORTHEAST CORNER OF THE
NW 1/4 OF SECTION IS-18-16.
LEGEND
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ALUMINUM DISC FOUND.
0 3/4'>t18' REBAR WEIGHING
1.13 LBS/FOOT SET.
LOT I
cv 73s8
I
LOT 1 OF CSM 7473
TAX PARCEL NUMBER:
91608490100
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SCALE
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BEARINGS ARE REFERENCED TO THE YASCONSIN
COUNTY COORDINATE SYSTEM, WINNEBAGO COINTY.
THE EAST UNE OF NW 1/4 OF SECTION 15-18-16
BEARS NORTH 02'24'04' Y,EST.
y"'QUAM ENGINEERING, LLC
I'=2OW 122 WISCONSIN ST., WEST BEND, WI, 53095
262-346-7800 www.quamengineering.com
SURVEYEDANDMAPPED OY REVISED3n5/10
PROJECT
1. SCOTT y FW-01-19 Date:3 11 20 HENKEL, PLS REVISED 3/16M