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Home My WebLink AboutDeveloper Agreement-Convenient Store Investments " .. 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 Cleric A performance bond or letter of credit guaranteeing completion of private construction within one (1) year. A letter 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 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 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 236-5065 City Clerk's Office 236-5011 Director of Finance 236-5005 DEVELOPER'S AGREEMENT FOR FINANCING IMPROVEMENTS -UTILITY RELOCATION- 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 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 January 23, 2007, 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 a~d 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 Convenience Store Investments ("DEVELOPER"), in reliance on the representation and covenants made herein, as follows: 1. Developer covenants and warrants that it is the owner of aU the property described as follows: 2450 S. Washburn St. . Parcel Number 91326600000 2490 S. Washburn S1. Parcel Number 91325500200 2. Developer has requested, and consents to, services from and instaffation by City of various improvements described as follows: Inspection Services for Private Construction of: Sanitary Sewer, Water Main 3. The Developer shall install, and the City expressly consents to Developer installation/relocation of the following improvements: Sanitary Sewer and Watermain, the developer shall relocate the existing sanitary sewer line and watermain and dedicate a new easement. Disturbed areas shall be restored to pre-construction conditions or approved plans. See Exhibit "A" for sketch. All services and installations shall be according to plans and specifications, and subject to the approval and acceptance, of the City Engineer. 4. The Developer acknowledges the work to be preformed is on an existing functioning utility system and must be kept functional to prevent damage to other properties served by the u~ility. In the event the Developer, in the sole opinion of the City, is not performing the work with adequate diligence and/or is performing the work in a manner likely to cause damage to other properties and/or is not properly maintaining the utility, 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. Cost incurred by the City will be taken from the Letter of Credit for Private Construction. Any additional costs incurred by the City will be I~vied against the respective lot(s) as a special charge pursuant to Section 66.0627 of the Wisconsin Statutes. This provision constitutes Developer's, waiver of the notice of hearing and hearing othelWise required by Section 66.0703 of the Wisconsin Statutes. 5. Developer shall pay the inspection fees and costs incurred by the City for installationlrepair of the above improvements, if required. It is specifically understood by and between the parties that the amounts set forth in this agreement are estimates only. Invoices for installation and/or repair work 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. 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. 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: Sanitary sewer, Watermain 6. 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. 7. All privately constructed public utility work shall be completed within one year from the date of this agreement or the Developer shall be considered in default of this agreement and subject to the provisions of paragraph 9 relating thereto. . 8. The Developer shall provide a letter of credit, which meets the approval of the City Attorney, in an amount equal to the estimated cost of any publicly constructed utility improvements or services set forth below. The letters may be drawn upon by the City in payment for construction and/or related costs for the public utility improvements. Such letter of credit shall be filed in the office of the City Clerk prior to approval of the Easement by the Common Council. 1 Year Irrevocable Letter of Credit for Public Services for $3,438.00 Prior to approval of the Easement by the Common Council, the Developer shall file a one year performance bond or letter of credit, which shall be renewable at the option of the City of Oshkosh if such construction has not been completed within the one year period specified above and which meets the approval of the City Attorney. which shall guaranty Developer's performance of any privately constructed improvements as set forth in this agreement. After written acceptance by the City of any privately constructed public utility improvements, Developer shall submit a letter of credit in the amount below as a guarantee of such improvements for a period of two years from the date of acceptance. The Developer shall be responsible for repairs to said privately constructed improvements during this two-year guaranty period. 1 Year Irrevocable Letter of Credit for Private Construction for $114)588.00 2 Year Irrevocable Letter of Credit Guarantee After Acceptance of Private Construction for $22,918.00 Failure to file an appropriate bond/letter shall entitle the City to stop all construction work upon the project or lot 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/letter 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. 9. In addition to the remedies for default provided to the City by the financial guarantees contained within this Agreement. should the Developer default, this provision constitutes Developer's consent to the installation by the City or designee of all utility 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 66.0703, 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. 10. Developer agrees to pay any costs associated with additional maintenance or restoration to disturbed areas resulting from this work from the date work begins until the end of the two-year guaranty period. Developer shall pay the actual costs incurred by the City within 30 days upon invoice from the City. 11. 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. 12. The Contractor performing the above work on the Public Utility shall be Bonded and Licensed to work in City Right-of-Way and shall obtain an Excavation Permit from the Department of Public Works prior to starting. The Contractor shall contact the City Engineer at least 24 hours prior to starting to arrange for inspection of the work. 13. Two weeks prior to beginning the work a pre-~nstruction meeting must be held with the Contractor and City of Oshkosh Department of Public Works. The Contractor shall arrange the meeting. All effected utilities shall be invited to the meeting. 14.. Upon completion and acceptance (by the City of Oshkosh) of the work described above, the City of Oshkosh will issue payment of $24,999 to Convenience Store Investments, a Wisconsin Limited Partnership for the City's share of the costs to relocate the utilities. 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: '\fnlJl...I.l"I(L."t' \ Ie , 2007. zresence of: < ~k'~=-#~ Convenience Store Investments, a Wisconsin Limited Partnership ~I2,~ by : Ed Strahs President Developer's Address: 1626 Oak Street, PO Box 2107 La Crosse, WI 54602-2107 ., CITY OF OSHKOSH By: ~~~ Richard A. Wollangk, City Manager STATE OF WISCONSIN WINNEBAGO COUNTY. ) ) ) 55. t. ..1 . Personally, came gefore me this ~ day of Wlcu~../J . 2007, 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 instrumen~ 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 f said corporation, by its authority. ~ Notary Public, Winnebago Co., WI My Commission expires/is:; /,;(-/3- () " This document drafted by: Attorney Warren P. Kratt, City Attorney Oshkosh,WI54902-1130 STATE OF WISCONSIN WINNEBAGO COUNTY ) } S5. ) Personally came before me this Un7)\; day of ,~y . 2007, the above-named Ed Strahs to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of Convenience Store Investments, a Wisconsin Limited Partnership, and acknowledged. that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. 9: ~... I ~ ,I No - ~ Public. ~~~unly. WI My Commission: !:;x..p\~~. \Q ~ II -0, ~,J..-,,'. ^....,' "',, ,'" _