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HomeMy WebLinkAbout13. 13-20 JANUARY 22, 2013 13-20 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: ACCEPT & APPROVE REVISED WAIVER OF SPECIAL ASSESSMENT NOTICES & HEARING IN CONNECTION WITH IMPROVEMENTS / SECOND ADDITION TO CASEY’S MEADOW SOUTH INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the revised Waiver of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin Statutes, for public improvements and services, for the premises described below and in the attached Waiver is accepted and approved. SECOND ADDITION TO CASEY’S MEADOW SOUTH Lots 33 through 56 OJHKOJH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works 509 DATE: January 17, 2013 RE: Accept &Approve Revised Waiver of Special Assessment Notices & Hearing in Connection with Improvements/ Second Addition to Casey's Meadow South BACKGROUND In March of 2012 the Developers Agreement and Waiver of Special Assessment was approved by Council for the Second Addition to Casey's Meadow South. The proposed work was to install utilities and extend streets. The utility trenches were to be backfilled with native material. City Code requires three winter seasons to allow for natural compaction and settling to occur prior to placing pavement. Due to the economy the work has not been started. The developer wishes to now start the work. ANALYSIS The revised waiver modifies the paving schedule. Concrete pavement will now be placed in 2016, not 2015 as originally scheduled. Since no lots were developed or sold, no property owner will be impacted by the delay in paving. FISCAL IMPACT The Waiver of Special Assessment Notices & Hearing ensures the City can special assess for any work not completed by the Developer. There is no cost to the City. RECOMMENDATIONS I recommend approval of the Revised Waiver of Special Assessment Notices & Hearing. Approved, Mar A. Rohloff City Manager SMG/tlt I:\Engineering\Correspondence\Steve Gohde\council memos\caseys meadow amend waiver.docx Page 1 of 1 .k's 12,1 z 01 WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION 66.0703,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 public construction,surveying and inspection of concrete sidewalk. For private construction and public inspection and survey for sanitary sewer, storm sewer,water main, laterals, grading&graveling, and concrete street pavement. 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 66.0703 of the Wisconsin Statutes for the cost of such improvements. In accordance with Section 66.0703 of the Wisconsin Statutes, I hereby waive all special assessment notices and hearings required by Section 66.0703 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: Description of Premises Second Addition to Casey's Meadow South Lots 33 -56 Construction of Mockingbird Way and Casey Trail 1. Sanitary Sewer &Laterals (Private Construction) Estimated Construction Cost $52,174.50 Private 6%Survey and Inspection $3,130.47 Invoice 2. Water Main with Laterals (Private Construction) Estimated Construction Cost $106,147.00 Private 6% Survey and Inspection $6,368.82 Invoice 3. Storm Sewer w/Laterals (Private Construction) Estimated Construction Cost $82,658.00 Private 6% Survey and Inspection $4,959.48 Invoice 4. Grading, Graveling and Restoration(Private Construction) Estimated Construction Cost $48,500.00 Private 6% Survey and Inspection $2,910.00 Invoice 1:tEngineeringlWairer of Special Assessment\Waiver of Special Assess-by Subdivision'Second Addition to Casey's Meadow South.doo Casey's Meadow—Phase 1B Page 2 of 3 5. Sidewalk(Public Construction)Assess Assessment Rate=$23.00 per front foot of each lot Includes 6%for Inspection and Surveying Second Addition to Casey's Meadow South Lot# Sidewalk Footage Sidewalk Cost Estimate 33 199.27 $4,583.21 34 70.00 $1,610.00 35 80.15 $1,843.45 36 85.99 $1,977.77 37 61.00 $1,403.00 38 75.14 $1,728.22 39 61.02 $1,403.46 • 40 61.00 $1,403.00 41 198.27 $4,560.21 42 62.00 $1,426.00 43 61.00 $1,403.00 44 61.00 $1,403.00 45 61.00 $1,403.00 46 61.00 $1,403.00 47 75.02 $1,725.46 48 75.79 $1,743.17 49 77.26 $1,776.98 50 76.79 $1,766.17 51 80.38 $1,848.74 52 80.31 $1,847.13 53 81.77 $1,880.71 54 81.71 $1,879.33 55 76.43 $1,757.89 56 80.00 $1,840.00 6. Concrete Street Paving(Private)—Paving in 2016, complete by July 15. Center Line Feet of Roadway= 1,030 If . Cost per Center Line Foot= $200/If Include four(4)Handicapped Ramps at$600.00 each= $2,400.00 Estimated Construction Cost $208,400.00 Private 6% Survey and Inspection $12,504.00 Invoice 7. Street Lighting(Private) Estimated Construction Cost $21,781.32 Private 6% Survey, Inspection,Installation $1,306.88 Invoice L1Engineering\Waju er of Special Assessment\Waieer of Special Assess•by Subdivision\Second Addition to Caseys Meadow South duo zeu's 1uh 2-0 t3 Casey's Meadow—Phase 1B Page 3 of 3 • 8. Terrace Trees(Public Construction) Assess Assessment Rate=$300 per tree Second Addition to Casey's Meadow South Estimated number Tree Cost Lot# of trees Estimate • 33 4 $1,200.00 34 2 $600.00 35 2 $600.00 36 2 $600.00 37 2 $600.00 38 2 $600.00 39 2 $600.00 40 2 $600.00 41 4 $1,200.00 42 2 $600.00 43 2 $600.00 44 2 $600.00 45 2 $600.00 46 2 $600.00 47 2 $600.00 48 2 $600.00 49 2 $600.00 50 2 $600.00 51 2 $600.00 52 2 $600.00 53 2 $600.00 54 2 $600.00 55 2 $600.00 56 2 $600.00 4—Year Irrevocable Letter of Credit or Bond for Private Construction=$519,660,82 4—Year Irrevocable Letter of Credit or Cash Deposit for Public Services=$31,179.65 2—Year Irrevocable Letter of Credit after Acceptance of Private Construction=$103,932.16 Signatur= • Owner: 16/1■/". 17/-2P/3 Signature of Authorized Represen ive Date s/?i - — r�-- /3 Signature • Authorized Representative Date I:lEngineeringlwaivcrofSpecial Assessmentlwaiver or Special Assess-by Subdbrision1Sccond Addition to Case}'s Meadow South.doc W. B.A. GP(LC)103A(4/07)U 11831 ©2007 Wisconsin Bankers Association/Distributed by FIPCO® AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT FIRST NATIONAL BANK- FOX VALLEY 550 S.GREEN BAY ROAD NEENAH,WI 54956 (NAME AND ADDRESS OF ISSUING BANK) BENEFICIARY STANDBY LETTER OF CREDIT NO. AMENDMENT NO. DATE CITY OF OSHKOSH 1843 1 JANUARY 10, 2013 215 CHURCH STREET OSHKOSH, WI 54901 WE HEREBY AMEND THE TERMS OF OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1843 ISSUED MARCH 20, 2012 , IN YOUR FAVOR, FOR THE ACCOUNT OFCASEY'S MEADOW LLC (Date) , AS FOLLOWS: EXPIRATION DATE IS HEREBY AMENDED TO NOVEMBER 30,2017. • ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1843 ("CREDIT"),AND MUST BE ATTACHED TO THE CREDIT WHEN PRESENTED AT THIS OFFICE. JANUARY 10, 2013 FIRST NATIONAL BANK- FOX VALLEY (DATE) NAME OF ISSUING BANK BY A D SIGNATURE TIMOTHY J VOGELSANG, VICE PRESIDENT [W. B.A. GP(LC)103 LTR(9/06)U 11830 CO 2006 Wisconsin Bankers Association/Distributed by FIPCOO FIRST NATIONAL BANK- FOX VALLEY 550 S. GREEN BAY ROAD NEENAH, WI 54956 (NAME AND ADDRESS OF ISSUING BANK) DATE: JANUARY 10, 2013 ACCEPTANCE OR REFUSAL FORM (RETURN THIS FORM ONLY) BENEFICIARY: APPLICANT: CITY OF OSHKOSH CASEY'S MEADOW LLC 215 CHURCH STREET 3807A STATE RD 21 OSHKOSH, WI 54901 OSHKOSH,WI 54904 BENEFICIARY IS REQUESTED TO INDICATE ACCEPTANCE OR REJECTION OF THE TERMS OF AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1843 ATTACHED TO THIS LETTER BY SIGNING BELOW, AND IMMEDIATELY RETURNING THIS FORM IN THE ENVELOPE PROVIDED.TIME IS OF THE ESSENCE. PLEASE RETURN TO: FIRST NATIONAL BANK- FOX VALLEY 550 S. GREEN BAY ROAD NEENAH,WI 54956 PLEASE INDICATE CHOICE(BY"X"): V AMENDMENT NO. 1 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO, 1843 IS ACCEPTABLE. AMENDMENT NO. 1 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1843 IS REJECTED. DATE: CITY OF OSHKOSH NAME OF BENEFICIARY BY: /ic--A/eli, W. B.A. GP(LC)103A(4/07)U 11831 ®2007 Wisconsin Bankers Association/Distributed by FIPCO® AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT FIRST NATIONAL BANK- FOX VALLEY 550 S. GREEN BAY ROAD NEENAH,WI 54956 (NAME AND ADDRESS OF ISSUING BANK) BENEFICIARY STANDBY LETTER OF CREDIT NO. AMENDMENT NO. DATE CITY OF OSHKOSH 1842 1 JANUARY 10, 2013 215 CHURCH STREET OSHKOSH WI 54901 WE HEREBY AMEND THE TERMS OF OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1842 ISSUED MARCH 20,2012 , IN YOUR FAVOR, FOR THE ACCOUNT OFCASEY'S MEADOW LLC (Date) , AS FOLLOWS: EXPIRATION DATE IS HEREBY AMENDED TO NOVEMBER 30,2017. • ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. THIS AMENDMENT IS TO BE CONSIDERED AN INTEGRAL PART OF IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1842 ("CREDIT"),AND MUST BE ATTACHED TO THE CREDIT WHEN PRESENTED AT THIS OFFICE. JANUARY 10, 2013 FIRST NATIONAL BANK- FOX VALLEY (DATE) NAME OF ISSUING BANK BY AUT410 ED SIGNATURE TIMOTHY J VOGELSANG, VI E PRESIDENT rW. B.A. GP(LC)103 LTR(9106)U 11830 ®2006 Wisconsin Bankers Association/Distributed by FIPCO® FIRST NATIONAL BANK- FOX VALLEY 550 S. GREEN BAY ROAD NEENAH,WI 54956 (NAME AND ADDRESS OF ISSUING BANK) DATE: JANUARY 10, 2013 ACCEPTANCE OR REFUSAL FORM (RETURN THIS FORM ONLY) BENEFICIARY: APPLICANT: CITY OF OSHKOSH CASEY'S MEADOW LLC 215 CHURCH STREET 3807A STATE RD 21 OSHKOSH WI 54901 OSHKOSH,WI 54904 BENEFICIARY IS REQUESTED TO INDICATE ACCEPTANCE OR REJECTION OF THE TERMS OF AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1842 ATTACHED TO THIS LETTER BY SIGNING BELOW, AND IMMEDIATELY RETURNING THIS FORM IN THE ENVELOPE PROVIDED.TIME IS OF THE ESSENCE. PLEASE RETURN TO: FIRST NATIONAL BANK- FOX VALLEY 550 S.GREEN BAY ROAD NEENAH,WI 54956 PLEASE INDICATE CHOICE(BY"X"): AMENDMENT NO. 1 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1842 IS ACCEPTABLE. AMENDMENT NO. 1 TO IRREVOCABLE STANDBY LETTER OF CREDIT NO. 1642 IS REJECTED. DATE: CITY OF OSHKOSH NAME OF BENEFICIARY BY: / /j�