HomeMy WebLinkAboutDeveloper's Agreement/2nd add/Fox Chase &t ,
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DEVELOPER'S AGREEMENT
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 Wiscon-
sin 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 consider-
ation 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 June 1, 1989 , authorized and directed the proper City offi-
cials 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, Wiscon-
sin ("CITY") and Thomas N. Rusch and Richard L. Gabert ("OWNER") , in
reliance on the representation and covenants made herein, as follows:
1 . Owner covenants and warrants that it is the owner of all
property described as follows:
SECOND ADDITION TO FOX CHASE PLAT (Lots 32-102)
2 . Owner has requested installation by City of various improve-
ments to said property described as follows:
Sanitary Sewer Water Main
Sanitary & Water Laterals Grading & Graveling
Concrete Paving Storm Sewer
Sidewalks 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 Muni-
cipal Code in which case such deferred payments are to bear interest
at the rate of ten percent (10%) per annum on the unpaid balance.
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5. The attached exhibit, acknowledged by City and Owner as
being true and correct, is incorporated by reference as if fully
stated herein.
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 sub)ect 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: ;)- , 1989.
In the Presence of:
!/1
(Witness) ' • _ N. Rus;t'/ 7
mama _
(Witness) 'ichard L. abert
CITY OF OSH OSH, a municipal
cprporation
By:
Witness i11i D. FYGeh C't Manager
(Witness) Y g
And: � -14/�12��U' . ,/PA/
r
(Witness) Donna C. Serwas, i y Cle
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Continued ----
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this __:DILday of 4.4/6-z. ,
1989 , the above-named Thomas N. Rusch to me known t be the
person who executed the foregoing instr ment and acknowledged the
same. f\A Q
Notary Public, Winnebago Co.
•
My Commission:
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this day of , 1989 , the
above-named Richard L. Gabert to me nown to be t person who executed
the foregoing instrument and acknowledged that he executed the
foregoing instrument.
ULILAA,2".._ `1 ' ....(1,41.A"-
Notary Public, Winnebago Co. , W
My Commission:__P�t/1?_
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this iv� day of -Jezji ,
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 acknowledged
that they executed the foregoing instrument as such officers as the
deed of said Corporation, by its authorit .
r 45-7,4-. .../ _.)-7 -74.0rG%
Notary Public, Winnebago Co. Wis.
My Commission: /-.2_/- 9c)
Approved a • F• ani, Execution
Teri • :-'ra -t, Ass ty Attorney
This document drafted by:
Attorney John W. Pence
City Attorney
Oshkosh, WI 54901
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EXHIBIT "A"
litt)f?1V
WAIVER OF SPECIAL ASSESSMENT NOTICES AND , , 7'
HEARING UNDER SECTION 66 .60 , WISCONSIN STATUTES 7OR ,y,,, f
Fr s
The undersigned , owner of property benefited by thellowing
improvements to be made by the city of Oshkosh, Winnebago County,
state of Wisconsin, to wit:
SANITARY , SEWER, WATER MAIN, SANITARY SEWER & WATER LATERALS , STORM
SEWER, GRADING & GRAVELING, CONCRETE PAVING, 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
SECOND ADDITION TO FOX CHASE PLAT
(LOTS 32 - 102) (71 LOTS)
BENEF ITS
SANITARY SEWER
Costs based on Contract 89-09
prices
Construction cost = $100 ,391 .65
8% Engineering= 8,031 .03
Total Cost $108, 422 .68
Cost/Lot = $108 ,422 .68/71
= $1 ,527 .08
SANITARY & WATER LATERALS
Costs based on Contract 89-09
prices
Construction cost = $ 42 ,360 .00
8% Engineering = $ 3 ,388 . 85
Total Cost = $ 45 ,748 . 85
Cost/Lot = $45 ,748 . 85/71
= $644 .35
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WATER MAIN
Cost based on contract 89-09
prices
10" and 12" main assessed at 8" costs
Construction Cost = $96 , 880 .00
8% Engineering = $ 7 ,750 . 40
Total Cost = $104,630 . 40
Cost/Lot = $104 ,630 . 40/71
= $1,473 .67
STORM SEWER
Cost based on contract 89-09
prices
Developer Cost = Assessment + Rear Yard Drains & Storm Laterals
Assessment = $5 x front footage as measured at building
setback line (25 ' )
= $5 x $7 ,226 .62
= $36 ,133 .10
Rear yard drains (3 inlets plus leads)
Construction Cost = $6 ,208 .00
8% Engineering = $ 496 .64
Total Cost = $6 ,704 .64
Storm Laterals
6" storm lateral provided to all lots except those which
can connect to rear yard drains
Construction Cost = $11 ,480 .00
8% Engineering = $ 918 .40
Total Cost = $12 ,398. 40
Total Developer Cost = $36 ,133 .10
$ 6 ,704 .64
$12 ,398 . 40
$55 ,236 .14
Cost/Lot = $55 ,236 .14/71
= $777 . 97
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GRADING & GRAVELING
Includes WINDHURST from Wah Wah Taysee to So . Oakwood ,
WAH WAH TAYSEE WAY , FOXTAIL LANE, BERNHEIM STREET, and
MONTCLAIR PLACE from Mereworth Court west to end of plat
( lots 41 - 102 only)
(West 20th Avenue not included)
Approximate length = 3 , 920 feet
Estimated Construction Cost = $70 ,560
8% Engineering = $ 5 ,645
Total Cost = $76 ,205
Cost/Lot = $76 ,205/62
$1 ,229 .11
CONCRETE PAVING
Includes same streets as Grading & Graveling
(West 20th Avenue not included)
Lots 41 - 102 only
Estimated Construction Cost = $235 ,225 . 80
8% Engineering = $ 18 , 818 .06
Total Cost = $254 ,•043 . 86
Cost/Lot = $254 ,043 . 86/62
$4 ,097 . 48
SIDEWALKS
Assume sidewalks required on all streets .
Distribute total cost equally among all lots .
Estimated Construction Cost = $65 ,000
Cost/Lot = $65 ,000/71
= $915 . 49
Signat e of c r 111111ti
ice. / �� � ;J7r
THOMAS N. RU.CH RICHARRD . GAB RT
Date: J/ //:5W/ Date: ,� / / f/
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