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DEVELOPER ' S AGREEMENT JL' -/T- f
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 resolu-
tion adopted September 3 , 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 Garry H. Decker ( "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 :
ABBEY SUBDIVISION , LOTS 1 - 11
2. Owner has requested installation by City of various
improvements to said property described as follows :
Services for inspection of utilities
Grading & Graveling
Concrete Paving
Sidewalks
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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.
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 .
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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 : _? / , 1987 .
In the Presence of:
,.-''''-64v2d- /a..-------
(Witness ) Garry; Decker
( Witness )
CITY OF 0 HKOSH , a municipal
corporation
( Witness ) William D . Frueh , City Manager
And :/ 1`1:'9�1!..�/ ` ?-1L-}
(Witness ) Donna C . Serwas , City Clerk
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
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Personally came before me this l � day of _ t • ,
1987 , the above-named Garry H. Decker, to me known to be the person
who executed the foregoing instrument and acknowledged that he
executed the foregoing instrument. `-
JO -6-tt---7-A 0 a l
Notary Public , Winnebago�Co . , Wis .
My Commission : 11
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this � day of v ,
1987 , the above-named William D. Frueh, City Manager and Donna C.
Serwas , City Clerk of the City of Oshkosh, a municipal corporation,
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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.
Notary Public , Winnebago Co . , Wis .
My Commission : ! - /- ) _
App owed as o orn a ,• Execution
�1l3Ss�__ _ �•
Warren P . Kraf , , s t .City Attorney
This document drafted by :
Attorney John W . Pence
City Attorney
Oshkosh , WI 54901
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Resol. #244
1111 '
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66. 60, WISCONSIN STATUTES
drThe undersigned, owner of property benefited by the
III following improvements to be made by the city of Oshkosh,
Winnebago County, state of Wisconsin, to wit:
SERVICES FOR INSPECTION OF UTILITIES;
11 GRADING & GRAVELING; CONCRETE PAVING; SIDEWALK
II 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
I 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
II by Section 66.60 of the Wisconsin Statutes; and I further agree
and admit that the benefit of my property from the construction
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$ of such improvements is in proportion to the footage thereof:
PIDescription of Premises
Abbey Subdivision, Lots 1 - 11
II BENEFITS DAMAGES
SERVICES FOR INSPECTION OF UTILITIES,
IIOne Inspector
il 13 Days: 5 hrs. /day x $15/hr.=$975
COST/LOT= $975/11= $ 88.64 NONE
GRADING & GRAVELING:
Estimate: $20/ft.
II 427.7' x $20= $8,554
COST/LOT= $8,554/11= $777.64 NONE
II CONCRETE PAVING
Estimate $55/ft.
427.7 x $55/ft.= $23,523.50
li COST/LOT= $23,523. 50/11= $2, 138.50 NONE
SIDEWALKS
(Estimate $2/sq.ft. ) :
Lot 1
Lot 2
$864.80 NONE
$853.20 NONE
Lot 3 $853.20 NONE
Lot 4 $853.20 NONE
Lot 5 $853.20 NONE
Lot 6 $766.00 NONE
II
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IResol. #244
BENEFITS DAMAGES
Lot 7 $700.00 -NONE
Lot 8 $700.00 " ' NONE
NONE
Lot 9 $700.00 NONE
Lot 10 : $700.00 ' NONE
Lot 11 $711.00 NONE
Signature of Owner .../.1-O i-2
GA H. DECKER
Street Address t t o 3 O,/c
City 0/Yao yl hW ca , VI ?o i
Date: ------t?-0
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