HomeMy WebLinkAboutDeveloper's Agreement/Leonard Backus & Wayne Chaney/Village Lane 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
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 2, 1985, 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 Village Associates, a partnership ("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:
Part of the Southwest 1/4 and the Southeast 1/4 of the Northwest 1/4
and the Northeast 1/4 of the Southwest 1/4 of Section 28, Township
18, Range 16 East, in the 13th Ward, City of Oshkosh, Winnebago
County, Wisconsin, more fully described as follows:
Commencing at the West 1/4 corner of said Section 28, T18N, R16E;
thence S89°29'50" E, along the south line of the SW 1/4 of the NW
1/4, a distance of 1448.24 feet to the northwesterly corner of
previously dedicated Village Lane (formerly Maricopa Drive) and
point of beginning; thence N 30°23'30"W, 33.14 feet; thence along
the arc of a curve to the left 71.62 feet, which has a radius of
92.22 feet, a central angle of 44°30'00" and a long chord of 69.84
feet which bears N 52°38'30"W to the point of tangency; thence N
74°53 '30" W 70.00 feet; thence N 15°06'30" E, 60.00 feet; thence S
74°53'30" E, 70.00 feet; thence along the arc of a curve to the
right 118.22 feet, which has a radius of 152.22 feet, a central
angle of 44°30'00" and a long chord of 115.27 feet which bears S
52°38'30" E to the point of tangency; thence S 30°23 '30" E, 69.00
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teet to the northeasterly corner of dedicated Village Lane (formerly
Maricopa Drive) ; thence S 30°23'30"E, 252.81 feet to a point on the
Northwest line of Westhaven Circle; thence along the arc of a curve
to the left 60.07 feet which has a radius of 366 feet, a central
angle of 9°24'12" and a long chord of 60.00 feet which bears S
59'30'00" W to the point of tangency; thence N 30"23'30" W, 288.71
feet to the point of beginning.
2. Owner has requested installation by City of various
improvements to said property described as follows:
Grading & Graveling
Concrete Paving
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 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: r �- �� , , , , 1986.
`
Village Associates, a Partnership
In the Presence of: By: B & C of Oshkosh, Inc. , a
neral partne
By: r-`.i t-v t-A-e- - ,
(Witness) Leonard Backus, P esient
II i
And: LIN./ t 1,r,zi ,"
(Witness) Wayne Chaney, Secretary '
In the Presence of: CITY OF O'HKOSH
X
, '(‘,"1-7w,, ,/� / t .../r' By: ✓,, ., * A ---�'�
-
' ; =-� /d % , -(,Witness) -� iam D. Frueh, City Manager
� t p l� '� i 1/ ,/
t, /' A �° And: ti �.,
- ( itnesp) Donna C. Serwas, City Clerk
hereuy cc-Lry thri he i'c ssary rrr,\'isions
(CITY SEAL) �� h ve been rn 1 to r_-y ,,,o IiabIity which wiil
accrue under .his -,. ..
STATE OF WISCONSIN )
SS. Wa6C1
WINNEBAGO COUNTY ) _
City Cor i iron•r
Personally came before me this day of t .
1986, the above-named Leonard Backus, President, and Wayn=. Chaney,
Secretary of B & C of Oshkosh, Inc., to me known to •e the persons
and officers who executed the foregoing instrument and acknowledged
that they executed the same as such officers by its authority, for
the purpose therein contained.
0)11_ _
'1 _
Notary Public, Winnebago Co . , Wis.
My Commission: - ( - ',
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this f" 1 day of ;' ` ` 2A • .
1986, the above-named William D. Frueh, City Manager and Donna C.
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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 foregoing instrument as such officers
as the deed of said Corporation, by its authority. -
i i \v , 4 --)
, _ : t j\ .
Notary Public, Winneba o`J C9 ,- is.
My Commission: r` ( -4�`^j Ir` r ( '
Appro ed as t • F 4Irm and, ion
Warren P. Kraf , A-s' .0 ty Attorney
This document drafted by:
Attorney John W. Pence
City Attorney
Oshkosh, WI 54901
•
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EXHIBIT "A"
WAIVEER OF SFECIFL = SSMENT NOTICES ArIS
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 AND GRAVELING '
CONCRETE PAVING
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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 4isccnsin Statutes , I'
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
I Extension of Village Lane as described below: _
All that part of Outlot 6 of Westhaven and part of SW 1/4 of NW
" 1/4 of Section 28, T18N, R16E, City of Oshkosh, Winnebago County,
Wisconsin , more fully described as follows:
1 Commencing at the W. 1/4 corner of said Section 28,- T1EN, R16E,
thence S. 89 decrees 29 '50" 'E. , along the south line of thje SW
1 /4 of the NW 1/4, a distance of 1 ,448. 24 feet to the
northwesterly corner of previously dedicated Village Lane
(formerly Mar-icopa Drive) and point of beginning; thence N. 30
degrees 23 ' 30" W. , 33. 14 feet; thence along the arc of a curve
to • the left 71 . 62 feet , which- has a radius of 92. 22 feet , a
central angle of 44 degrees 30 '00" and a long chord of 69. 84 feet
which bears N. 52 degrees 3S '30" W. to the point of tangency;
thence N. 74 degrees 53 '30" E. 70. 00 feet; thence N. 15 degrees
06 '3 0" E. , 60. 00 feet; thence S. 74 degrees 53 '30" E. 70. 00 feet;
thence along the ar-c of a curve to the• right 118. 22 feet , which
�- 0 ' 00,
has a radius of 152. 22 f cot , a central Gang 1 e of 44 dearer:� -
I and a long chord of 115. 27 feet which bears S. 52 degrees 33 ' 30"
E. to the point •of tangency; thence S. 307 degree= 23 '30" E. ,
69. 00 feet to the northeasterly corner of dedicated Village Lane
(formerly Mari cop: Drive) ; thence N. 89 degrees 31 ' 19" W. , along
the northwesterly line of said dedicated street , 67. 501 feet to
the point of beginning.
1
1
E2nerally located north Westhaven Ci.r-c1e , e tending
appro imetely 216 feet from e; feting Village Lane.
£ENEFITS DAMAGES
GRADING & GRAVELING $8,80.0 NONE
CONCRETE PAVING $Z2,000 NONE
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J '1 /cans baLi f
Signature of Owner _ _-.-_- _ _
Street Address _. ®Q_ ___ _ ___
Date