HomeMy WebLinkAboutDeveloper's Agreement/Kurt Koeppler/Alexandra Subdivision % ,4
DEVELOPER ' S AGREEMENT
ALEXANDRA SUBDIVISION 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, several of the improvements have already been
completed and four lots have been sold , or prior to the execution
and recording of this Agreement will have been sold , the cost and
special assessments of which are now due and payable ; and
WHEREAS, the Common Council of the City of Oshkosh by
resolution adopted September 17 , 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 ;
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NOW, THEREFORE, IT IS AGREED to by and between the City of
Oshkosh, a municipal corporation located in Winnebago County,
Wisconsin ("City") and Kurt Koeppler ("Owner") , in reliance on the
representations and covenants made in this agreement , as follows :
1. Owner covenants and warrants that it is the owner of
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all property described as follows : � �`�x,��`Fyt��` r � ", c( t
es
Alexander Subdivision , lots 1 , 4 , 5 and 6 .
2. Owner has requested installation by the City and the
City has installed the following improvements, including engineering
fees :
Sanitary Sewer $6 ,560 .54
Laterals 5 , 464 . 80
Water Main 10 ,443 .06
Storm Sewer 7 ,456 . 32
Upon execution of this agreement , Owner shall pay to the City the
sum of $29,924.72 for those improvements. Further, because four
lots within this subdivision have been or will have been sold , the
special assessment for each are now due , and Owner shall pay to the
City the additional sum of $9 ,750 .00 .
3. Owner has further requested installation by the City of
concrete paving and grading and graveling. (It is understood that
because the preliminary plat was approved on December 4, 1986 , prior
to the effective date of certain Code revisions now requiring Owner-
installed sidewalk, the responsibility for installation of sidewalk
is specifically excluded from this agreement. Such responsibility
shall rest with the individual property owner.)
4. City, or its designee, shall install all improvements
according to the plans and specifications of the City Engineer.
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5. Special assessments for the improvements outlined in
paragraph three above shall be paid by Owner in cash , or in
installments pursuant to Sections 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 from the date of installation .
6. The waiver referred to above , being duly executed , is
attached as Exhibit "A" to this Agreement and is fully incorporated
herein .
7. The applicable provisions of Sections 30-35 through
30-44 of the Oshkosh Municipal Code , the subdivision regulations in
effect at the time of preliminary plat approval , are specifically
incorporated by reference into this Agreement .
8. This Agreement and any attachments may be recorded at
the City's option and expense and if done so, shall serve as a
Notice of Lien against such properties .
IN WITNESS WHEREOF , the parties have caused this Agreement to
be signed by the proper, duly authorized persons and their corporate
seals , if any , to be affixed to this Agreement .
Dated : ' J/}2 , 1987 .
In the Presence of:
i
(seal)
(Witness ) Kurt Koeppi (Owner)
(Witness)
CITY OF OS KOSH
.
(Witness ) William D .Frueh , City Manager
And Q1— i— A 72'/l--
(Witness) •Donna C . Serwas , City Clerk
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STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
/f
Personally came before me this Zel'' day of ac_L= - ,
1987 , the above-named Kurt Koeppler , to me known to be the person
who executed the foregoing instrument and acknowledged the same .
Notary Public , Winnebago Co . , WI
My Commission:_- , /- .- !--24)
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this L_ day of _ -. -) ___,
1987 , 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 for oing instrument a_ such officers
as the deed of said corporation , by its authorit .
A- it \- __ z
Notary Public , Winr.eba g °°/. , WI
My commission :___ _LL (4.1L2 .
Approved as to , `rig and ,-Execution:
__L : - .Warren P . Kraft , Asst . City Attorney
This document drafted by :
Attorney John W. Pence
City. Attorney
Oshkosh , WI 5$901
•
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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:
GRADING & 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 66.60(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
ALEXANDRA SUBDIVISION, LOTS 1 ,4,5,6
BENEFITS DAMAGES
GRADING & GRAVELING:
COST/LOT= $2,250/4 lots $562.50 None
CONCRETE PAVING:
COST/LOT= $7,500/4 lots $1 ,875.00 None
Signature of Owner: _ _
Kurt Aqiiler
Street Address:
City:
Date: