HomeMy WebLinkAboutNorthshore Preserve 1-54
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DEVELOPER~S AGREEMENT FOR
FINANCING IMPROVEMENTS
Document Number
Document TItle
:1.30:1.748
REGISTER'S OFFICE
WINNEBAGO COUNTY. WI
RECORDED ON
03/15/2004 10:42AM
SUSAN VINNINGHOFF
REGISTER OF DEEDS
RECORDING FEE 35.00
TRANSFER FEE
# OF PAGES 13
NORTHSHORE PRESERVE
Lots 1-54 (54 lots)
Recortling Atu
Name and Return Address
C \rV::J>("!:>b
CITY ATTORNEY
PO Box 1130
Oshkosh, WI 54903-1130
Parcel Identification Number (PIN)
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c\1Y CLERK'S OFFICE
Th;, ;nfonn.Üon must be completed by wbnlittor: doc"ment rille, ""me & rernm aMms, and PIH (ifreq"ired). Other infonnadon s",1>
as the grandng elauses, legal descripdon, etc, may be placed on this fir" page .oflh~ document or may be placed 0" aMino",,1 poges of the
documen<. Hote: Use of this cover page odds one page to your documentand $2.00 to ¡he record;", fce. Wisco",in Starnt", 59.517. 1VRDA 2/96
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DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60 of the Wisconsin Statutes
providing for levying and assessing the cost of various improvements to the property herein
described.
WHEREAS, the Common Council of the City of Oshkosh approved initial and final
resolutions pursuant to Section 66.60 of the Wisconsin Statutes upon execution and
approval of a waiver, executed by the undersigned, developer of property herein described
of special assessment notices and hearing; and
WHEREAS, the undersigned developer has 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
~ f(:J cŽRJ 0 I , authorized and directed the proper City officials to enter
in an apprópriate agreement to provide for full payment by the undersigned developer
of said improvements and related costs, and related matters;
NOW, THEREFORE, IT IS HEREBY AGREED to by and between the City of
Oshkosh, a municipal corporation located in Winnebago County, Wisconsin ("CITY") and
Northshore Real Estate Development, LLC ("DEVELOPER"), in reliance on the
representation and covenants made herein, as follows:
1. Developer covenants and warrants that it is the owner of all the property
described as follows:
NOE.TlfSaøRE ERES~R.VE
Lots 1-54 (54 lots) *
2. Developer has requested, and consents to, services from and installation by
City of various improvements described as follows:
Inspection Services for Private Surveying and Construction of: Grading,
Graveling and Excavation; Emergency Access and South Pedestrian Way
Survey and Inspection Services and Public Construction of Sidewalk.
Design, Survey and Inspection Services and Public Construction for
Concrete Paving.
*Developer C.urrently owns Lots 1 - 14 and. 37 - 24. Develope.r has entered into a contract
to purchase Lots 15 -36 from Grun.dy Enterprises and will be closing On the purchase of
said lots after 1-1-02 for tax reasons. Developer shall be responsible for. all
obligations under this Agreement notwithstanding the current ownership of said lots.
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3.
City, or its designee, shall install the following improvements:
Sidewalk and Concrete Paving
4. The Developer shall install, and the City expressly consents to Developer
installation of the following improvements:
Grading, Graveling and Excavation;
Pedestrian Way
Emergency Access and South
All services and installations shall be according to plans and specifications, and
subject to the approval and acceptance, of the City Engineer.
5. No buildings permits shall be issued for any lot to which utilities have not
been extended and/or for any lot to which access has not been provided by graded,
graveled and properly maintained temporary roads. No building permits shall be
issued for any lots for which there has not been substantial completion of all major
grading and associated work required by the grading and drainage plan and the
State of Wisconsin Department of Natural Resources Construction Site Erosion
Control Permit.
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 originai 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.
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 66.60(16) of the
Wisconsin Statutes. This provision constitutes Developer's, and any respective lot
owner's, waiver of the notice of hearing and hearing otherwise required by Section 66.60
of the Wisconsin Statutes. This covenant is intended to run with the land and to survive
any subsequent divestiture of title by 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.
6. Developer shall pay the actual construction costs incurred by the City for
installation of the above improvements.
It is specifically understood by and between the parties that the amounts set forth
in the attached Exhibit "A" Waiver of Special Assessment Notices and Hearing under
Section 66.60, Wisconsin Statutes are estimates only. Invoices and assessments shall be
þased 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. 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.
A.
SPECIAL ASSESSMENTS
The Developer shall pay as special assessment cost for:
Survey and Inspection Services and Public Construction for sidewalk and Concrete
Paving in installments pursuant to Sections 25-83 through 89 of the Oshkosh Municipal
Code in which case such installment payments are to bear interest at the rate of eight
percent (8%) per annum on the unpaid balance. Notwithstanding the foregoing,
Developer, immediately upon voluntary divestiture of title to any of the property heretofore
described, shall fully pay the outstanding assessments and anticipated future special
assessments against the particular parcel or portion thereof subject to divestiture.
Divestiture shall mean the transfer of legal title providing Developer does not retain any lien
or mortgage interest in such parcel.
In the event Developer retains a lien or mortgage interest in such parcel, the
assessments shall be paid in full within one (1) year from the date of sale. In the event
Developer sells by land contract, the assessments shall be paid in full within one (1) year
from the date of the land contract. When payment is to be made within one year from the
date of sale or contract under this paragraph, written notice must be given to the City Clerk
informing her of the date of sale or contract.
B.
PAYMENTS UPON INVOICE
The following shall be paid to the City by Developer in cash within 30 days upon
invoice from the City:
Inspection Fees for:
Grading Graveling and Excavation
Inspection Fees for:
Emergency Access and South Pedestrian Way
7. The attached exhibit, acknowledged by City and Developer as being true and
correct, is incorporated by reference as if fully stated herein.
EXHIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66.60, Wisconsin Statutes
8. 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 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.
9. 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.
10. All privately constructed improvements shall be completed within three years
from the date of this agreement or the Developer shall be considered in default of this
agreement and subject to the provisions of paragraph 11 and 12 relating thereto.
At least ten (10) business days prior to the start of construction, the Developer shall
file a performance bond, which meets the approval of the City Attorney, which shall
guaranty any privately constructed improvements for a period of two years from the date
of written acceptance by the City. The Developer shall be responsible for repairs to said
privately constructed improvements during the two year guaranty period.
Failure to file an appropriate bond shall entitle the City to stop all construction work
upon the project including construction performed by private contractors, by notice to the
Developer and any contractors. Notice may be given personally to an individual
representative of the contractor or developer and/or sent by mail to the 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. The Developer shall provide a letter of credit in an amount equal to the
estimated cost of any publicly or privately constructed improvements or services set forth
in Exhibit "A" attached hereto which may be drawn upon by the City in payment of
construction and/or related costs for the public improvements. Such letter of credit shall
be filed in the office of the City Clerk within three (3) business days of acceptance of this
agreement by the Common Council.
12. 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 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 Developer
of such parcel or its successors or assigns. With respect to defaulting Developer, this
provision constitutes Developer's consent to the installation by the City or designee of all
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public improvements and remediations required by this Agreement and constitutes
. Developer's, and any successors in title, waiver and consent to all special assessment
proceedings as described in Section 66.60, of the Wisconsin Statutes. This covenant is
intended to run with the land and to survive any subsequent divestiture of title by
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.
13. Developer agrees 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. Developer also agrees to pay any costs associated with maintenance to the gravel
street base which may be necessary during the period prior to pavement construction.
Developer shall pay the actual costs incurred by the City within 30 days upon invoice from
the City.
14. 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 such properties.
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.
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Dated: FèI:JRJ.ary ~, 2001.
In the Presence of:
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Developer's Address:
CITY OF OSHKO~
BY~¡ ~
Richard A. Wollangk, City Manager
Po. f30'f-lIC¡O~rJ-/'7 {}aD€ !foe.
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STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY )
March
Personally came before me this 20th day of F",I.J,ucIIY,
2001, the above-named Gordon H. Decker, to me known to be
the person who executed the foregoing instr d to me
known to be such officer of sai and
acknowledged that they executed the as
su officer as the eed of said corpo
. iúcd::
DAWN M. GILLE T
Notary Public, Winnebago County, WI
My Commission: August 17, 2003
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY )
marc.h
Personally came before me this à8 day of February,
2001, the above-named David L. Omachinski, to me known to
be the person who executed the foregoing instrument, and to
me known to be such officer of said corporation, and
acknowledged that they executed the foregoing instrument as
such officer as the deed of said corporation, by its authority.
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Notary Public, Winnebago County, WI
My Commission: 08-31-03
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STATE OF WISCONSIN)
)
WINNEBAGO COUNTY )
Personally came before me this -30 -d day of
FGIaI Us!'} , 2001, the above-named Richard A. Wollangk, 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.
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Notary Public, Winnebago Co., WI
My Commission expirestjg: / -/3 -;200;L
SS.
Approved as to Form and Execution:
ç:k.A~n~
Ly . Lorenson, Asst. City Attorney
This document drafted by:
Attorney Warren P. Kraft, City Attorney
Oshkosh, VV154902-1130
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ADDENDUM TO DEVELOPER AGREEMENT
Grundy Enterprises, a Wisconsin general partnership, is executing this Agreement solely
for the purpose of subj ecting Lots 15 - 36 of North shore Preserve to the teITIlS of this Agreement,
including the waiver and consent to special assessments under Section 66.60 of the Wisconsin
Statutes. Grundy Enterprises is not assuming any ofthe other obligations of Developer under
this Agreement. Developer shall be responsible for the cost of all improvements and services
required by this Agreement and shall be obligated to indemnify and hold Grundy Enterprises
haITIlless from any liability for such costs, including any special assessments related thereto,
IN WITNESS WHEREOF, the undersigned has executed this Agreement this ~
day of March, 2001.
GRUNDY ENTERPRISES
STATE OF WISCONSIN)
) SS
WINNEBAGO COUNTY)
Personally came before me this ?.c:\.~y of March, 2001, the above named G, Philip
Grundy, Managing Partner of Grundy Enterprises, to me known to be the person who executed
the foregoing instrument and acknowledge the same.
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Russell J. Reff
Notary Public, State of Wisconsin
My commission is peITIlanent.
This document was drafted by:
Russell J. Reff, Attorney at Law
Reff, Baivier, BeITIlingham & Lim, S,C,
217 Ceape Avenue, P,O, Box 1190
Oshkosh, WI 54903-1190
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WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.60, 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 surveying and inspection and public construction of sidewalk and for public design,
surveying and inspection and construction of concrete paving.
For private construction and surveying and public inspection for grading and graveling
and construction of emergency access and south pedestrian way..
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 66.60 of the Wisconsin Statutes for the
cost of such improvements. In accordance with Section 66.60(18) of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required by Section 66.60 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:
DescriDtion of Premises
Northshore Preserve Lots 1 - 54 (54 Lots)
1. Sanitary Sewer (Private Construction)
Complete, constructed privately
2. Water Main Private Construction)
Complete, constructed privately
3.4" Sanitary and 1" Water Laterals (Private Construction)
6" Storm Sewer Laterals (Private Construction) Complete, constructed privately
4. Storm Sewer (private Construction)
Complete, constructed privately
5. Sidewalk
Assessment Rate = $20.00 per front foot of each lot including 6% for inspection and surveying.
LOT Front SIDEWALK LOT Front SIDEWALK
Feet Assessed Feet Assessed
Outlot 1 124.31 $2,486.20 29 81.00 $1,620.00
1 120.00 $2,400.00 30 80.00 $1,600.00
Unplatted Land 60.04 $1,200.80 31 65.00 $1,300.00
2 86.09 $1,721.80 32 100.00 $2,000.00
3 85.40 $1,708.00 33 274.76 $5,495.20
4 85.82 $1,716.40 Outlot 4 250.00 $5,000.00
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LOT Front SIDEWALK LOT Front SIDEWALK
Feet Assessed Feet Assessed
5 87.00 $1,740.00 Unplatted Land 175.00 $3,500.00
6 90.00 $1,800.00 34 244.35 $4,887.00
7 90.00 $1,800.00 35 100.00 $2,000.00
8 210.03 $4,200.60 36 80.00 $1,600.00
9 100.00 $2,000.00 37 222.31 $4,446.20
10 100.0 $2,000.00 38 62.00 $1,240.00
11 90.00 $1,800.00 39 62.00 $1,240.00
12 86.00 $1,720.00 40 62.00 $1,240.00
13 97.00 $1,940.00 41 62.00 $1,240.00
14 150.00 $3,000.00 42 282.62 $5,652.40
15 271.95 $5,439.00 43 123.51 $2,470.20
16 131.00 $2,620.00 44 100.00 $2,000.00
17 103.16 $2,063.20 45 90.00 $1,800.00
18 60.00 $1,200.00 46 90.00 $1,800.00
19 95.00 $1,900.00 47 80.98 $1,619.60
20 95.00 $1,900.00 48 76.00 $1,520.00
21 250.00 $5,000.00 49 90.00 $1,800.00
22 242.83 $4,856.60 50 90.00 $1,800.00
23 100.64 $2,012.80 51 90.00 $1,800.00
24 59.00 $1,180.00 52 245.14 $4,902.80
25 65.84 $1,316.80 53 92.18 $1,843.60
26 65.00 $1,300.00 54 90.00 $1,800.00
27 85.00 $1,700.00 Outlot 2 116.50 $2,330.00
28 90.00 $1,800.00 Intersections 240.00
6. Grading, Graveling and Excavation (private Construction - year 2001)
Based on OMNNI estimate of $25/(7, 193.46/2) centerline foot
Estimated Construction Cost
3% Inspection
3% Private Surveying
7.Concrete Paving
(public Construction in 2003)
Estimated Construction Cost
6% Survey and Inspection
6% Design
Totlli Shor~ PreServe
Temporary reconstruction of Edge wood Rd. atlMw~ Drive
(public Construction in 2003) Estimated Construction Cost
6% Survey and Inspection
6% Design
Total
Total/54 lots
$89,918.25
$2,697.55
$2,697.55
private
invoice
private
$341,689.35
$20,501.36
$20,501.36
$382,692.07
$17,000.00
$1,020.00
$1,020.00
$19,040.00
$7,439.48
assess per Lot
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8. Emergency Access and South Pedestrian Way
(private Construction) Estimated Construction Cost
3% Inspection
3% Private Surveying
$33,000.00
$990.00
$990.00
private
invoice
private
3-year letter of credit for private construction and public services
= $130,000
After the grading and graveling is accepted and before the three year letter of credit is eliminated
a 2-year letter of credit will be required as a guarantee for utilities constructed privately under
agreement with the Director of Public Works and grading and graveling. = $120,000
Signature of Owners:
Northshore Real Estate Development, LLC
By )J.,J~ 7+ ~
Gordon H. Decker, anagerlMember
j-(). tl-tJ I
Date
By:
Qœ(Qt2e
David 1. Omachinski, ManagerlMember
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Dat
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Date
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ADDENDUM TO SPECIAL ASSESSMENT NOTICES
& HEARING UNDER SECTION 66.60,
WISCONSIN STATUTES
Grundy Enterprises, a Wisconsin general partnership, is executing the Waiver of Special
Assessment Notices and Hearing Under Section 66.60, Wis. Stats. to which this Addendum is
attached for the purpose of subjecting Lots 15 - 36 of North shore Preserve Plat to the teIIDs of the
Waiver, Grundy Enterprises has entered into a contract obligating it to sell Lots 15 - 36 of
Northshore Preserve Plat to Developer. Grundy Enterprises is not assuming any other
obligations of Developer. Developer shall be responsible for the cost of all improvements and
services required by the Developer Agreement executed in connection with this Waiver and shall
be obligated to indemnify and hold Grundy Enterprises hannless from any liability for such costs
or any special assessments related thereto. Notwithstanding the foregoing, Grundy Enterprises
acknowledges that the owner ofthe above-referenced lots would be responsible for the payment
of any special assessments levied pursuant to this Waiver.
IN WITNESS WHEREOF, the undersigned has executed this Agreement this 1!l-
day of March, 2001.
GRUNDY ENTERPRISES
STATE OF WISCONSIN)
) SS
WINNEBAGO COUNTY)
Personally came before me this ?4.~y of March, 2001, the above named G. Philip
Grundy, Managing Partner of Grundy Enterprises, to me known to be the person who executed
the foregoing instrument and acknowledge the same,
Russell J. Reff
Notary Public, tate of isconsin
My commission is peIIDanent.
This document was drafted by:
Russell 1. Reff, Attorney at Law
Reff, Baivier, BeIIDingham & Lim, S.c.
217 Ceape Avenue, P.O. Box 1190
Oshkosh, WI 54903-1190