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Home My WebLink AboutDevelopers Agr/Gabert & Rusch .•/.11_ A ) ,6-..4 DEVELOPER ' S AGREEMENT FOR FINANCING IMPROVEMENTS THIS AGREEMENT is made pursuant to Section 66.60( 18) of the Wisconsin Statute-s 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 21 , 1987 , 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 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 : SHADOW CREEK , Lots 1 through 25 2. Owner has requested installation by City of various improvements to said property described as follows : Engineering services for sanitary sewer , water main , Laterals and storm sewer Grading & Graveling Concrete Paving Storm Sewer 1 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. Owner is installing pursuant to authorization of the City , sanitary sewer, water main, laterals and storm sewer. The Owner shall be credited for the cost of the storm sewer which exceeds the assessments chargeable therefor on future storm sewers installed in this subdivision. This credit shall be placed against assessments existing at the time of future development . 5. The attached exhibits , acknowledged by City and Owner as being true and correct , are incorporated by reference as if fully stated herein . EXHIBIT "A" - Waiver of Special Assessment Notices and Hearing under Section 66 . 60 , Wisconsin Statutes ( NOTE: In the event Owner desires to install a portion of the various improvements on its own , as outlined in the above exhibits , Owner and City, having specific Common Council authority to do so , hereby affirm and mutually agree to such terms as contained in said exhibits providing for developer-installed improvements . ) 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 . 2 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 : __ �t ��, 2.3 , 1987 . In the Presence of ___C-itilaikc---- N\ 5 )`U-Q,L0 #11:1,liii--—- ( Witness ) - . Ras N . Rus h _ _ -_ '_ '�� _ - r --- ( Witness ) Richard L . Gaber - CITY OF OSHKOSH , a municipal � �,� /corporation By : (Witness ) Willigm D . Frueh , City Manager And : 2/% 111.114=1 ,_14/-f/1- l (Witness ) Donna C . Serwas , City Clerk STATE OF WISCONSIN ) ) SS . WINNEBAGO COUNTY ) Personally came before me this _/ _day of d_ �.-z-� , 1981, the above-named Thomas N. Rusch and Richard L. Gab t , to me known to be the persons who executed the foregoing instrument and acknow- ledged that they executed the foregoing instrumen- t. NOTARY PUBLIC ewe of Wisconsin Notary Public , Winnebago Co . , W i s . Karoo la Rbf My Commission : `�- /G - yg STATE OF WISCONSIN ) ) SS . WINNEBAGO COUNTY ) Personally came before me this c day of , 1987, the above-named William D. Frueh , City Manager and onna 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 3 the foregoing instrument as such officers as the deed of said Corporation , by its authority . 4=--z-C e_w ... .„-e_7„...---- az,eis---) Notary Public , Winnebago Co . , Wis . My Commission : / - ,z/-_yc1 --- - __----- Approved as to For a d Execui ' on Warren P . Kraft , Asst . i y Attorney This document drafted by : Attorney John W . Pence City Attorney Oshkosh , WI 54901 4 WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION o6. c0, WISCONSIN STA T UTES The undersicnee , owner of property benefited by the following improvements, to be made by the city of Oshkosh , Winnebago County , state of Wisconsin , to wit: ENG I ;EEF:I NG SERVICES FOR SANITARY SEWER , WATER MAIN AND LATERALS AND STORM SEWER AND GRADING °c GRAVELING, CONCRETE PAVING 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 Section 66, 6O ( 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 Shadow Creek , Lots 1 through 25 BENEFITS DAMAGES Engineering services for sanitary sewer , water main , laterals , and storm sewer 4268. 84/1ot NONE Grading & Graveling $756. 00/lot NONE Concrete Paving $2,520. 00/lot NONE Signature of Owner �i1: ' J /1 � � _+---- THOMAS N. RIJSCH Street Address _ fiIl_ estmaa cl.,_-0sia_kosh,- 54904 Signature of Owner RICHARD L. GABERT Street Address 22E2_West:Roor_ -- City ---- Date: