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HomeMy WebLinkAboutFox Chase 2nd Addition 1989 REVISED DEVELOPER'S AGREEMENT FOR FINANCING IMPROVEMENTS THIS REVISED 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 , City of Oshkosh and the undersigned owner have previously entered into an agreement to levy and assess the cost of various improvements to the Second Addition and Third Addition to Fox Chase Plat, dated November 21, 1989 and recorded in the office of the Winnebago County Registry in Volume 154C of Lis Pendens on Page "0" , at 12:52 p.m. on December 5, 1989, as Docu- ment Number 734811; WHEREAS, the agreements contained incorrect assessments for sidewalk installation which the parties desire to correct through this revised agreement; NOW, THEREFORE, IT IS HEREBY AGREED to by and between the City of Oshkosh, a municipal corporation located in Winnebago County, Wisconsin ("CITY") and THOMAS N. RUSCH and RICHARD L. GABERT, ("OWNER") , in reliance on the representation and cove- nants 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, 41-45, 48, 50, 52-55, 63, 65, 66, 68-70, 72-75, 77-80, 88, 90, 92-94, 96, 98-102) 36 lots and THIRD ADDITION TO FOX CHASE PLAT (Lots 104, 105, 107, 109-111) 6 lots 2 . The previous agreement between the parties is amended only to provide for the following revision: City shall construct sidewalk and Owner shall pay such costs as outlined in Exhibit "A" attached. the remaining provisions, covenants and obliga- tions, contained in the agreement cited above and which are not affected by this revision, shall continue in full force and effect. 3 . This revision and its attachments, may be recorded at City's option and if so done, this document 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: .2e/y/ 30 , 1992 . In the Presence 77 of: WITNESSES: OWNER: trams R. Rrvor i/r fer ichar`d L. G.A ATir CITY OF OSHKOSH, a municipal corporation BY: " /,Gum-� (Witness) William D. Frueh,City Manager And: 1 i !'v A) t lie/ A1) (Witness) Donna C. Serwas, City Clerk STATE OF WISCONSIN) SS. WINNEBAGO COUNTY ) Personally came before me this -� day of 1992, the above-named THOMAS N. RUSCH, as owner, to me known to be the person who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC ` Gc--JL1 � STATE OF WISCONSIN KAREN L. RYF Notary Public, Winnebago Co. WI My Commission: _3 - 3) STATE OF WISCONSIN) SS. WINNEBAGO COUNTY ) Personally came before me this 3c day of /1- 7:)7 1992, the above-named RICHARD L. GABERT, as owner, to me known to be the person who executed the foregoing instrument and acknowledged the same. te `7a7,4,2 NOTARY PUBLIC Notary Public, Winnebago Co. ,WI j STATE OF WISCONSIt* My Commission: ;� -� ) — 4, KAREN L.RYF STATE OF WISCONSIN) SS. WINNEBAGO COUNTY ) Personally came before me this dad L day of 4. �.` 1992 , the above-named William D. Frueh, City Attorney, 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 f said corporation, and acknowl- edged that they executed the \foregoin instrument as uch officers as the deed of said Corporation, by its uthor. y. Notary Public, Wi nepagc My Commission: 1 -� - (-11 ) Appr• ed as to Form and Execution Lyn■s A. Lorens7!'. Asst."ity Attorney This document drafted by: Attorney Warren P. Kraft City Attorney, Oshkosh, WI 54902-1130 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: REVISED SIDEWALK ASSESSMENTS: SECOND ADDITION TO FOX CHASE PLAT: Lots 32, 41-45, 48, 50, 52-55, 63 , 65, 66, 68-70, 72-75, 77-80, 88, 90, 92-94, 96, 98-102 (36 lots) and THIRD ADDITION TO FOX CHASE PLAT: Lots 104, 105, 107, 109-111 (6 lots) 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 66.60 of the Wisconsin Statutes for the cost of such improvements. In accordance with Sec- tion 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 propor- tion to the footage thereof: Description DI Premises SECOND ADDITION TO FOX CHASE PLAT Lot Number Revised Sidewalk Assessment 32 $900.00 41 919.90 42 850.00 43 822.40 44 772 .10 45 2,514.00 48 1,000.00 50 879.90 52 950.00 53 2,500.00 54 2,400.00 55 800.00 63 800.00 65 800.00 66 800.00 68 800.00 69 900.00 SECOND ADDITION TO FOX CHASE PLAT (CONTINUED) Lot Number Revised Sidewalk Assessment 70 $1,475.60 72 4,591.60 73 1,244.10 74 900.00 75 900.00 77 850.00 78 900.00 79 900.00 80 2,500.10 88 850.00 90 800.00 92 800.00 93 800.00 94 900.00 96 800.00 98 900.00 99 850.00 100 800.00 101 800.00 102 2,444.30 THIRD ADDITION TO FOX CHASE PLAT: 104 $800.00 105 793.50 107 939.60 109 900.00 110 900.00 111 900.00 j7/4u \ Ae; THOMAS RUSCH RICHARD L. GABERT Date: i/ J©. />9 Date: 2. .37e j /91-e, 19 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 City of Oshkosh and the undersigned owner have previously entered into a developer's agreement for financing improvements in the SECOND ADDITION TO FOX CHASE PLAT, dated June 2 , 1989, and recorded in the office of the Register of Deeds for Winnebago County in volume 154C of Lis Pendens on page "0", at 9: 16 a.m. on June 19 , 1989, as document number 724419; and WHEREAS, due to replatting by the undersigned, it is necessary to execute a new document which, among other things, supercedes the prior agreement; and 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 October 19 , 1989, authorized and directed the proper City offi vials 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 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 32-57, 63-80, 87-102) THIRD ADDITION TO FOX CHASE PLAT (Lots 103-112) 1 2. Owner has requested installation by City of various improvements to said property described as follows: Sanitary Sewer Water Main Sanitary & Water Laterals Grading & Graveling Concrete Paving Storm Sewer & Laterals 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 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. EXHIBIT "A" - Revised 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. Further, this Agreement terminates and replaces a previous developer's agreement between the parties, dated June 2 , 1989, and recorded in the office of the Winnebago County Register of Deeds in volume 154C of Lis Pendens on page "0" , at 9 : 16 a.m. on June 19, 1989, as document number 724419. 2 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: /7 f; 2 , - --- (Witness) • a j. R,r. (Witness) •ichard L. Gabert CITY OF O KOSH, a municipal corporation By: � �` L J (Witness) 14m D. Frueh, City Manager And: 1\j/3-rid) (h,. i'4, J LA/ 1 (Witness) Donna C. Serwas, City Clerk STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this // day of Af-7 ‘--- , 1989, the above-named Thomas N. Rusch to me known to be the person who executed the foregoing instrument and acknowledged the same. 2/ .,° %>V ,G/Li•" Notary Public, Winnebago Co. , Wis. My Commission: . -?1"-- 7° STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this -V day of /G 1---' , 1989, the above-named Richard L. Gabert to me known to be the person who executed the foregoing instrument and acknowledged that he executed the foregoing instru nt. ay,/ Aa_iw-- Notary Public, Winnebao Co. , WI My Commission: - a " 74/ 3 . STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Persona ly came before me this d day of -,,e-e-7 0.d , 1989, the above-named William D. Frueh, City Mafiager 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 authority. (7fa---r--c—c--a_.e., Notary Public, innebago Co. , Wis. My Commission: / -a/-9v Appr ed as t•�y 1 and iecution ,: Juv\Q- Wa ren P. Kraft, Asst.Ci • Attorney This document drafted by: Attorney John W. Pence City Attorney Oshkosh, WI 54901 4 EXHIBIT A - WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION 66 .60 , WISCONSIN STATUTES IThe 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 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 N 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 Qf Premises, Revised Waiver - SECOND ADDITION TO FOX CHASE PLAT (Lots 32-57 , 63-80 , 87-102) , 60 lots THIRD ADDITION TO FOX CHASE PLAT (Lots 103-112) , 10 lots SANITARY SEWER BENEFITS Costs based on Contract 89-09 prices Construction cost = $ 97 ,106 .30 8% Engineering = $ 7 ,768 .50 Total Cost $104 , 874 . 80 COST/LOT = $104 , 874 . 80/70 = $1,498.21 SANITARY & WATER, LATERALS 11 Costs based on Contract 89-09 prices Construction cost = $42 ,000 8% Engineering = $ 3 ,360 Total Cost $45 ,360 COST/LOT = $45 ,360/70 $648 .00 11 11 I . WATER MAIN Cost based on Contract 89-09 prices 10" and 12" main assessed at 8" costs Construction Cost = $94, 408.00 8% Engineering 7 ,552 .64 Total Cost $101 ,960 .64 COST/LOT = $101 , 960 .64/70 = $1 , 456 .58 STORM SEWER Cost based on Contract 89-09 prices IDeveloper Cost = Assessment + Rear Yard Drains & Storm Laterals Assessment = $5 x front footage as measured at building setback line (25 ' ) = $5 x 7 ,285 .28 ' = $36 , 426 .40 Rear yard drains (3 inlets plus leads) Construction Cost = $ 6 ,110 .10 8% Engineering = $ 488. 81 Total Cost $ 6 , 598.91 Storm Laterals 6" storm lateral provided to all lots except those which can connect to rear yard drains Construction Cost = $11 , 456 . 80 8% Engineering = $ 916 .54 Total Cost = $12 ,373 .34 Total Developer Cost = $36 , 426 . 40 $ 6 ,598 .91 $12 ,373 .34 $55 ,398 .65 COST/LOT = $55 ,398 .65/70 $791 . 41 I I I I . GRADING & GRAVE LING 11 Includes WINDHURST from Wah Wah Taysee to So . Oakwood , WAH WAH TAYSEE WAY , FOX TAIL LANE , BERNHEIM STREET, and MONTCLAIR PLACE from Mereworth Court west to end of plat 2nd Addition to Fox Chase Plat (Lots 41-57 , 63-80 , 87-102) 3rd Addition to Fox Chase Plat (Lots 103-112) (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 ,205/61 _ $1 ,249 .26 CONCRETE PAVING Includes same streets as Grading & Graveling (WEST 20TH AVENUE NOT INCLUDED) 2nd Addition to Fox Chase Plat (Lots 41-57 , 63-80 ,87-102) 3rd Addition to Fox Chase Plat (Lots 103-112) Estimated Construction Cost = $235 ,225 . 80 8% Engineering = $ 18 , 818 .06 $254 ,043 . 86 COST/LOT = $254 ,043 . 86/61 $4,164 .65 SIDEWALKS Assume sidewalks required on all streets . Distribute total cost equally among all lots . Estimated Construction Cost = $ 65 ,000 COST/LOT = $65 ,000/70 _ $928 .57 1 Signature of Owners: THOMAS N. RUSCH RICHARD L. GABERT Date: Date: I I