HomeMy WebLinkAboutDevelopers Agreement/Westhaven Circle DEVELOPER ' S AGREEMENT "��' `� I y F1
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60( 18) 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 , owner of property herein described , of
special assessment notices and hearing ; and
WHEREAS, the undersigned owner has heretofore agreed , in
consideration of installation of various improvements , to pay the
full cost of such improvements and related costs through special
assessment financing pursuant to Section 25-83 and 25-89 of the
Oshkosh Municipal Code upon certification by the City Engineer for
the City of Oshkosh that said improvements have been completed ; and
WHEREAS, the Common Council of the City of Oshkosh by
resolution adopted May 4, 1989, authorized and directed the proper City
officials to enter into an appropriate agreement with the
undersigned owner to provide for full payment by the undersigned
owner of said improvements and related costs ;
NOW, THEREFORE, IT IS HEREBY AGREED to by and between the City
of Oshkosh, a municipal corporation located in Winnebago County,
Wisconsin ("CITY") and Fintan M. Flanagan & Carol Jean Flanagan;
Robert E. Stauffer & Shirley L. Stauffer ("OWNER") , in reliance on
the representation and covenants made herein, as follows:
1 . Owner covenants and warrants that it is the owner of al l
property described as follows :
WESTHAVEN CIRCLE PLAT (Lots 1-27 )
2. Owner has requested installation by City of various
improvements to said property described as follows :
Sanitary Sewer Grading & Graveling
Sanitary & Water Lateral Concrete Paving
Water Main Concrete Sidewalk
Storm Sewer Engineering Services
3. City, or its designee, shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer .
4. Special assessments may be paid by Owner in cash, or in
installments pursuant to Section 25-83 and 25-89 of the Oshkosh
Municipal Code in which case such deferred payments are to bear
interest at the rate of ten percent ( 10%) per annum on the unpaid
balance .
5. The attached exhibit , acknowledged by City and Owner as
being true and correct, is incorporated by reference as if fully
stated herein .
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EXHIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66 .60 , Wisconsin Statutes
6. Owner, immediately upon voluntary divestiture of title to
any of the property heretofore described , shall fully pay the
outstanding assessments against the particular parcel subject to
divestiture. Divestiture shall mean the transfer of legal title
providing owner does not retain any lien or mortgage interest in
such parcel . In the event owner 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 owner
sells by land contract , the assessments shall be paid in full
within one ( 1) year from the date of the land contract.
7. Any refund which may be due Owner as a result of any
special assessment being in excess of the actual amount paid by
City for said improvements is assignable by Owner .
8. This Agreement and its attachments , may be recorded at
City's option and if so done , 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 .
Dated : -TZr4 , 1989 .
In the Presence of:
( - 6,-1.__z,--4,„,__,9, ., c-14 :7----
12;---'''''
( Witness ) Fintan M . Flanaga
_Ce0-(4L—e. *-4,--L)-d--411.- --71 ---
(Witness) Carol Jan Flanagan
/'Robert E . Stainer
r
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Shirle L . Stauffe ' '
CITY OF OS -KOSH , a municipal
corporation
B y : . ---� /Z
(Witness) Willi. m D . Frueh , City Manager
And : ' J1.LL_(./2 _ ILth��l
(Witness) Donna C . Serwas , City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this _2 day of 93271; r- ,
1989 , the above-named Fintan M. Flanagan, Carol Jean FJ 4gan,
2
to me known to be the persons who executed the foregoing instrument
and acknowledged that they executed the foregoing instrument.
,
-
-- «I
Notary Public , Winneb , Co . , Wis .
My Commission : /,/,!-T9,,),,_
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this z6__ day of �___, 1989,
the above-named Robert E. Stauffer and Shirley L. St kfffer, to me
known to be the persons who executed the foregoing instrument and
acknowledged that they executed th- foregoing instrument.
OF f
I. (;Q .
Notary Public , Winne.ago Co . , WI
My Commission : _ �- _ —
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this
�— day of - ,
1989, the above-named William D. Frueh, City Manager and! Donna C.
Serwas , 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 acknow-
ledged that they executed the foregoing instrument as such officers
as the deed of said Corporation , by its authority.
‘;...4.-“-...f.....,..4.,,/' g a--7-----j7.4,=.(2,-
Notary Public , Winnebago Co . , Wis .
My Commission : #--_LL L_.2°? ____ ___
Ap oved as to Form and Execution T
Warren P . Kraf , A st .City Attorney
This document drafted by:
Attorney John W. Pence , City Attorney , Oshkosh , WI 54901
3
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:
SANITARY SEWER, WATER MAIN, SANITARY & WATER LATERAL, STORM SEWER
GRADING & GRAVELING, CONCRETE PAVING AND CONCRETE SIDEWALK
In consideration of the construction of said improvements by the
city of Oshkosh, Wisconsin, I hereby admit that such public improve- _
ment 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:
Description of Premises
WESTHAVEN CIRCLE PLAT
(LOTS 1 - 27)
BENEFITS DAMAGES
SANITARY SEWER None
Sanitary sewer installed along Westhaven Circle
in 1971 , 1973 . All assessments paid .
No sanitary assessment, Lots 2 - 19 .
New construction on Newport Court:
Construction Cost = $8,027 .00
8% Engineering= $ 642 .16
Total Cost $8,669 . 16
Cost/Lot= $8,669.16/9 = $963 .24 (LOTS 1 , 20-27)
SANITARY & WATER LATERAL None
Lot 1, 20-24 , 27 = $550 . 80
Lot 2-5 , 8-19 = $1 ,271 .16
Lot 6-7 , 25-26 = No assessment .
Direct connection to sanitary
sewer in easement .
6 R ' •.
WATER MAIN
Water Main installed along Westhaven Circle in 1971
and 1973 . All assessments paid .
No water main assessments , lots 2-19 .
New construction on Newport Court
Construction Cost = $9 ,193 .00
8% Engineering = $ 735 .44
Total Cost $9,928 .44
Cost/Lot = $9 ,928 .44/9 = $1 ,103 .16 (LOTS 1 , 20-27)
STORM SEWER
Assessment is based on frontage at building line plus cost of
rear yard drains and storm laterals .
Assessment= Frontage Rate + Rear Drains + Storm Laterals
= 2 ,440 . 84 ($5) + 5 ,592 .56 + 3 ,780
= $12 ,204 .20 + 5 ,592 .56 + 3 ,780
= $21 ,576 .76
Cost/Lot = $21,576 .76/27 = $799 .14
GRADING & GRAVELING
Estimated construction cost= $8,600 (Newport Court only)
Cost/Lot= $8,600/9 = $ 955 .56 (LOTS 1,20-27 ONLY)
CONCRETE PAVING
Estimated Construction Cost = $25 ,800 (Newport Court only)
Cost/Lot = $25, 800/9 = $ 2 ,866 .67 (LOTS 1 ,20-27 ONLY)
CONCRETE SIDEWALK
Assume sidewalk along all lots
Estimated Construction Cost = $22 ,250
Cost/Lot = $22 ,250/27 = $ 824 .07
Signature of Owners:
1/
FIN FIN . N M. LA ' ' CAROL JEAN FLA GAN
Date: Date:
ROBERTT-E. S FFER RLEY L. STAU%"
Date: Lf Date: / f
(A -2 "