HomeMy WebLinkAboutWyldewood Village Apts/Sidewalk Maintenance Agr SID
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MAINEWALK TENANCE a x:4 66894
AGREEMENT 1637771
Document Number Document Title REGISTER'S OFFICE
M WINNEBAGO COUNTY, WI
THIS Agreement is made this 1.6 day of Ma �g.12 RECORDED ON
between WYLDEWOOD VILLAGE APARTMENTS Ii, LCC a Wisconsi 05/21/2013 09:00 AM
Limited Liability Company, (WYLDEWOOD), and CITY OF OSHKOSH, .
municipal corporation, located in Winnebago County, Wisconsin,(CITY), based JULIE PAGEL
upon the considerations each party is receivingas described in this Agreement, REGISTER OF DEEDS
Recordin. re''�ORDING FEE 30.00
Name and Return Address (/ D
1. WYLDEWOOD is in the business of developing and/or managing residentia City Attorney's Office
properties in the City of Oshkosh Oshkosh,WI 54903-1130
2. WYLDEWOOD has developed areas large scale residential properties �
around Wyldewood Driveand continues to expand these developments. 90632100200
y p p Parcel Identification Number (PIN)
3. The CITY currently owns and maintains Wyldewood Drive,which is public
right of way and street that travels through properties developed by
WYLDEWOOD.
4. The properties bordering Wyldewood Drive between Witzel Avenue and North Oakwood Road are all within the
CITY'S municipal boundaries except for properties adjoining the north and south right of way of Wyldewood Drive
beginning at the East right of way line of North Oakwood Road and extending East approximately 200 feet,with said
properties being within the boundaries of the Town of Algoma.
5. The CITY normally does not install sidewalks in its right of way in areas bordering property under a Town's
jurisdiction because the CITY'S sidewalk maintenance requirements, currently found in Chaple25 of the City of
Oshkosh Municipal Code, are not enforceable against property adjoining CITY right of way that is not subject to
CITY jurisdiction.
6. WYLDEWOOD seeks to enhance the value of its properties and enhance the quality of life experience of those
persons living it its residential development by adding public sidewalks to those portions of CITY Wyldewood Drive
right of way which adjoin private property subject to Town of Algoma jurisdiction.
7. The CITY agrees to allow WYI,DE VOOD to install two(2)public sidewalks on and over the CITY'S Wyldewood
Drive right-of-way in that area adjoining the two properties located in the Town of Algoma at the intersection of
Wyldewood Drive and North Oakwood Road and WYLDEWOOD, in return, agrees to pay for the installation,
maintenance, repair, and replacement of these public sidewalks.
8. The CITY shall have sole discretion regarding the location and specifications for construction of these public
sidewalks. The location of the two public sidewalks to be installed and maintained by WYLDEWOOD can generally
be described as adjoining the northern right-of-way boundary,and approximately two and one-half(2 V2)feet north of
the southern right-of-way boundary. A map of the subject area and the general location of the sidewalks subject to
this Agreement is attached as Exhibit A, and is fully incorporated herein.
9. WYLDEWOOD agrees that it is the owner of the following Property, and that this Property both directly and
indirectly benefits from the construction and maintenance of public sidewalks as described in this Agreement:
Lot 3 of Certified Survey Map 6577,recorded as document number 1583046 with the Winnebago
October 30, 2012 1
I
County Register of Deeds on October 12, 2011, and located in the Northwest'/4 of Section 21,
Township 18 North, Range 16 East, in the City of Oshkosh, Winnebago County, Wisconsin.
10. WYLDEWOOD agrees that it will be financially responsible for the installation, maintenance, repair, and
replacement for the sidewalks identified in this Agreement pursuant to all applicable sections of the Oshkosh
Municipal Code and/or State laws, as either may be amended, in the same manner as if these sidewalks were
adjoining the Property. WYLDEWOOD'S responsibilities include,without limitation,maintainingthe appropriate
condition and integrity of the sidewalk,as well as physical removal of debris,snow,and other obstructions,or for the
costs of such maintenance if Wyldewood fails or refuses to perform such functions.
11. WYLDEWOOD'S responsibilities described in this Agreement for the construction,maintenance,and/or repair of
public sidewalks within the CITY right-of-way shall be secured by the City's right of special assessment,or of special
charges for current services,or by any other remedy available to the CITY through its Municipal Code, or through
any applicable statute or administrative code. If WYLDEWOOD fails to pay any construction,maintenance,or repair
cost due under this Agreement,the CITY may,in addition to all other remedies available to it in law or equity,levy
the amount of the overdue obligation against the Property as a special assessment pursuant to Wis.Stat.§66.0701 or
as a special charge for current services pursuant to Wis.Stat. §66.0627. In connection therewith,WYLDEWOOD:
(i)acknowledges that the CITY has incurred costs for the payment or reimbursement of the project or maintenance
costs; (ii) agrees that the amount of thespecial assessment or special charge for current services, if consistent with
this Agreement,constitute a proper exercise of the CITY'S authority to levy special assessments in accordance with
Wis. Stat. §66.0701 or special charges for current services in accordance with §66.0627; (iii) agrees that the
allocation of the CITY'S costs to the Property is reasonable and commensurate with the special benefits provided to
the Property;(iv)agrees that the amount being assessed in accordance with this Agreement does not exceed the value
of the benefits accruing to the Property from the CITY'S expenditures identified herein; (v) consents to the
imposition and levy of such special assessmentsand/or special charges for current services(vi)waives all special
assessment and special charge for current services notices,hearings and appeals provided by Wis. Stats. §66.0701,
§66.0703, or§66.0627; and(vii)acknowledges that the CITY is reasonably relying on the terms of th is Agreement,
and specificallythe terms of this subsection in return for the CITY'S approval of the new public sidewalks on CITY
right-of-way through this Agreement and this approval will be jeopardized if WYLDEWOOD does not agree to and
accept the provisions relating to special assessmentsand special charges for current services
12. WYLDEWOOD does not acquire an easement, license or any other rights in the City right-of-way or in or to the
sidewalks referenced herein, whether through the terms of this Agreement or through its actions related to this
Agreement. The CITY shall,at all times,maintain the right to change,alter,maintain,reroute,replace,remove,or
take any other actions related to the sidewalk at its sole discretion and without any obligation or liability to
WYLDEWOOD.
13. This Agreement is being entered into in perpetuity for public purposes and uses,both current and future. All rights,
privileges,and obligations identified in this Agreement related to the sidewalks on CITY right-of-way, including
benefits and burdens, shall run with the private Property identified herein, and shall be binding upon and
WYLDEWOOD,and their respective heirs,executors,administrators,successors,assigns,and legal representatives.
However,this Agreement,and this covenant affecting the Property,shall terminate at such time that the properties
adjacent to the sidewalks that are currently within the Town of Algoma jurisdiction,are subsequently annexed into
the CITY.
14. No delay or omission by the CITY in exercising any right or power related to this Agreement shall be construed as a
waiver of the right or power.
15. Any term or condition of this Agreement, or the application of this Agreement to any person or circumstance,
determined b a court of competent jurisdiction to be invalid or unenforceable,shall not affect the remainder of this
Agreement,or the application of the term or condition to persons or circumstances other th1 thoseio i i held
invalid or unenforceable,and each remaining term and condition shall be . . n _enfotcqsabl�to,th�full tent
permitted by law. k"-"' ;A _ ., ` 1 t
October 30, 2012 2
, \ MAY 242013 ,
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16. The terms of this Agreement are for the benefit of the two parties identified,and it is not the intention of either the
Grantor or Grantee that other parties shall acquire any rights to enforce or benefit from through this Agreement.
17. Nothing in this Agreement is intended as a waiver of the CITY'S right or opportunity to rely upon the municipal
limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include,but are
not limited to, Sections 345.05, 893.80,and 893.83,Wisconsin Statutes. Such damage limits,caps and immunities
are intended to be preserved, incorporated into this agreement,and applied to the claims most similar to those brought
pursuant to this Agreement,and shall govern all disputes,contractual or otherwise,as they apply to the CITY and its
agents, officers, and employees.
18. This Agreement shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for
any action regarding this Agreement shall be the Winnebago County,Wisconsin,Circuit Court or, if a federal court
action,then the appropriate district and/or branch within which Winnebago County is located.
19. Notices required by this Easement may be in writing. Notices to WYLDEWOOD or any successor in interest should
be mailed to their address of record with the CITY Assessor's office for the property subject to these covenants,
which is PIN 90632100200. In addition to formal notification,both parties agree to take reasonable measures to keep
the other party informed of issues or questions regarding this Agreement
20. AUTHORITY: The undersigned assert that they are authorized to sign this Agreement on behalf of their respective
parties.
SIGNATURE PAGES FOLLOW
October 30, 2012 3
•
IN WITNESS WHEREOF, the parties have hereunto set their hand and seal the day and year first above
written.
WYLDEWOOD VILLAGE APARTMENTS II, LLC
Z
By:
Signature /� Title A�QifCrt
d7N2c a/S( {4. {i 4e
Print Name Print Title
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this 7 day of .s ,2012,the above named \O\ V(J n I4✓,of
Wyldewood Village Apartments II, LLC, to tiO 1 ° �t.�uch person who executed the oregoing instrument and
acknowledged the same, for the purpose here��i; ��d"' •;'7o
■
. v• ' 'i ip f\Akeit
.Nota ,�c, Winnebago County, Wisconsin
• J'.k1)Ri,�B:iiAesio'r��e fired: 3141f' `j 2.0/C¢
'••9rF o� w5�o •
,
CITY OF OSHKOSH
By: r
__Mark A. Rohloff,-City-A¢a ager
Lid_OLU (it
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
X1.3
Personally came before me this 2p day of f�6 y ,2.0.1-2',the above named Mark A.Rohloff and Pamela R.Ubrig
of the City of Oshkosh,to me known to be such persons 6o executed the for going instrument and acknowledged the same,for
the purpose herein contained.
Nary ublic, Winne'.= • County,Wisconsin
My Commission expired: per ftla I?end"
AP. ' ,VED :S T• ORM: 1
yn . Lorenson,C.ty Attorney
This instrument drafted by:
Attorney David J. Praska
Oshkosh, WI 54903-1130
October 30, 2012 4
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