HomeMy WebLinkAboutNeighborWorks/ 0402510000 DEVELOPMENT AGREEMENT
1 ci8i 1 ic'6
Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, liI
RECORDED ON
11/62/2611 09:14AN
Development Agreement between the City of Oshkosh, Wisconsin, JULIE PAGEL
a Wisconsin municipal corporation, and Neighborhood Housing Services REGISTER OF DEEDS
of Southeast Wisconsin, Inc., dba as NeighborWorks, a Wisconsin non- RECORUING FEE 316.66
profit corporation, for rehabilitation of the property at 633 Mount TRANSFER FEE
Vernon Street, City of Oshkosh, Winnebago County, Wisconsin, 1 OF PAGES 3
described as:
Recording Area
Name and Return Address �'i2 c„ w „
The north 5 ft of the east %2 of Lot 5, Block C. Merritt's 2nd Addition J`�`'�.3`---
and the east V2 of Lot 1, Block 43, Leach's Map, all in the 16th Ward, City Attorney's Office
City of Oshkosh, Winnebago County, Wisconsin. Oshkosh,WI 54902-1130
904-0251-0000
Parcel Identification No.
r ECEAVE [Lj
Drafted by: i ;
Lynn Lorenson DEC 06 2011
City Attorney
Oshkosh,WI f
CITY CLERK'S OFFICE
0 3
DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement") is dated the `3Isf- day of August, 2011,
and entered into by and between the City of Oshkosh, a Wisconsin Municipal Corporation,
through its Department of Community Development("City") and Neighborhood Housing
Services of Southeast Wisconsin, Inc., dba as NeighborWorks, a Wisconsin non-profit
corporation, ("NeigborWorks").
On the 315k day of August, 2011, the parties entered into a transaction in which the City
conveyed a parcel of land and structures on said land described below to NeighborWorks for
One and NO/100 Dollar($1.00) and other good and valuable consideration. Both parties agree
that the act of NeighborWorks entering into and complying with this Development Agreement is
a material consideration received by the City as part of the real estate conveyance.
The property subject to the conveyance between the City and NeighborWorks, and
which is also the subject of this Development Agreement, ("Property") is commonly known as
633 Mount Vernon Street, Oshkosh, Wisconsin, and is more specifically described as follows:
N 5 FT of E 1/2 of Lot 5, Block C, Merritt's 2nd Addition & E 'h of
Lot 1, Block 43, Leach's Map., in the Sixteenth Ward, City of
Oshkosh, Winnebago County, State of Wisconsin.
In addition to the consideration related to the real estate conveyance, identified above,
NeighborWorks also agrees, warrants, and covenants as follows:
1. NeighborWorks shall rehabilitate, or cause to be rehabilitated, the single family
residence on the Property. Actual construction shall commence no later than one (1)
year from the date of this Agreement; and,
2. Funding for the design and rehabilitation of the single family residence is the sole
responsibility of NeighborWorks; and,
3. NeighborWorks grants to the City the final authority to approve or deny all design
aspects of the single family residence and any other structures to be constructed on
the Property. Upon request, NeighborWorks shall provide all reasonable information
related to the design and location of any structure to be constructed on the Property;
and,
4. NeighborWorks shall not apply for a building permit through the City's Inspections
Division until all designs for structures, landscaping, etc. have been approved by the
City's Planning Services Division. Actual construction on the Property shall be
consistent with the design plans approved by the City.
5. A deed restriction shall exist requiring all future ownership be conveyed and used as
an owner-occupied single family use.
6. All parties understand and agree as follows:
a. that some or all of this authority granted by NeighborWorks to the City may allow
it to review issues and take certain actions which it otherwise not specifically
authorized in its Municipal Code; and,
b. some or all of the authority to approve or deny design proposals is contractual in
nature rather than a municipal function using the City's police power; and,
c. Despite the contractual authority granted in this Agreement, the City's design
review activities shall not directly conflict with any federal or state law.
d. The authority granted by this contract shall not limit in any way the City's
authority to also review any improvements on this Property pursuant to the
authority it has been granted by federal, state, and local law; and,
7. NeighborWorks shall comply with all federal, state, and local laws and rules during
the construction of the single family residence on the Property; and,
8. In the event that actual rehabilitation of the single family residence does not
commence on or before the one (1) year anniversary of the date of this Agreement,
NeighborWorks shall convey, upon written demand, ownership of the Property back
to the City; and,
9. NeighborWorks shall retain all responsibility and liability that is normally related to
property owners, related to the construction of any structures, and related to all
activities on the Property while NeighborWorks is the owner of such Property; and,
10. NeighborWorks agrees that this document may be filed with the Winnebago County
Register of Deeds, at the City's sole discretion; and
Upon the compliance with all terms of this Development Agreement, and the issuance by the
City of a single family occupancy permit for the Property, NeighborWorks shall be entitled to
receive a release of these restrictions for filing with the Register of Deeds office. The City shall
provide all necessary releases upon compliance with this Agreement and the issuance of the
occupancy permit and upon written request from Habitat.
Dated this 'M5 . day of August, 2011. Dated this 'Isk day of August, 2011.
NEIGHBORHOOD HOUSING SERVICES CITY OF OSH e-SH
OF SOUTHEAST WISCONSIN, INC.
By: b„ ..,.-4J' z.� i;"..le By: r .,.�.
Domenick Martinelli iarryn Bunch
lE,x`ecujtiv Director
Director of Planning Services
By: I -/,9�T"`-`
Robert Anderson
Board Chairperson
Subscribed and sworn to before me this . f
sw day of , ',, , 2011.
Ld,,,,, '' -- `',,_)-( v,ioui--
Notary Public, State of Wisconsin
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