HomeMy WebLinkAboutDeveloper's Agreement/Paine-Eisch Development Corp 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 August 15, 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 PAINE-EISCH DEVELOPMENT CORPORATION
("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:
RIVER MILL SUBDIVISION - Lots 1 through 43
2. Owner has requested installation by City of various
improvements to said property described as follows:
Sanitary Sewer Water Main
Laterals (Lots 1-42) Grading & Graveling
Concrete Paving Storm Sewer
Rear Yard Drains
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
1
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
EXHIBIT "B" - Memorandum to City Attorney Relative to
Improvement Costs
(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 .
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: Cie2- .3/ , 1985.
In e Presence of: CITY OF OS OSH
Witness) Wil iam D. Frueh, City Man ger
And: � \;1'12'14 4 ' ( /'./
( itne.$) Donna C. Serwas, City Clerk
(CITY SEAL)
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PAINE-EISCH DEVELOPMENT CORPROATION
(Witness) Terry S. Eisch, President
(Witness) Frank W. Eisch, Secretary
(CORPORATE SEAL)
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this c15/.4-1.- day of / (7)-,14y > , 1985,
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 acknowledged 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: /-c26- '2
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this &,/a- day of 1985,
the above-named Terry S. Eisch, President and Frank W. Eisch, Secretary
of the above named corporation, to me known to be such 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.
/4.2-/>_,x_eW14-
Notary Public, Winnebago,o . , Wis.
My Commission: /- 2' _-
Approv:d as to -Ism and xecution
Warren P. Kraft, Ass .Ci y Attorney
This document drafted by:
Attorney John W. Pence
City Attorney
Oshkosh, WI 54901
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EXHIBIT A - AMENDED PER ATTACHED.
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:
SANITARY SEWER, WATER MAIN, LATERALS, GRADING
GRAVELING, STORM SEWER, & 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 :
Descrietion of Premises
River Mill Subdivision
Lots 1 through 43
BENEFITS DAMAGES
SANITARY SEWER $56, 495. 00 NONE
WATER MAIN $71 ,672. 00 NONE
43 LATERALS (Lots 1-42) $20,966 .80 NONE
GRADING & GRAVELING $46,512. 00 NONE
CONCRETE PAVING $155,040. 00 NONE
STORM $24,845. 75 NONE
REAR YARD DRAINS s 2, 038. 00 NONE
Signature of Owner
Terry S. Eisch , President
Paine-Eisch Development Corporation
Street Address mil✓-7/ s/./
Signature of Owner
'Frank W. Eisch , Secretary
Paine-Eisch Development Corporation
fi
Street Address _
ATTACHMENT TO EXHIBIT A
CITY OF OSHKOSH
Date 9-12-85
To: Louise
From: Karen Davies
Subject: Agreement - River Mill Subdivision
Terry Eisch •has requested that 2 laterals be installed
to lot 24, rather than the 1 that was included in the
waiver.
When the agreement is typed, please List under
Laterals (Lots 1-42) $-20,966.80 rather than $20,479.20
I 've attached another copy of the waiver so you
will know what I'm talking about.
. 1
CITy �i: :.rC`_
EXHIBIT B
To: John Pence, City Attorney
From: Gerald Konrad , Director of Public Works
Date: August 9, 1985
Subject: IMPROVEMENT COSTS FOR RIVER MILL SUBDIVISION
Following are estimated improvement costs for lots 1 through 43
far subject plat:
Sanitary Sewer
Construction Cost $53,297
Engineering (67.) $ 3, 198.
Total Cost $56,495
COST PER LOT 1 THROUGH 43 $1 ,313.84
Water Main
Construction Cost $67,615 •
Engineering (6%) 4,057
Total Cost $71 ,672
COST PER LOT 1 THROUGH 4.3 $1 ,666. 79
Laterals (1 lateral, lots 1 through 23, lots 25 through 42; 2 laterals, lot 24)
Construction Cost $ 460
Engineering (67.) $ 27. 60
Cost Per Lot
1 through 23 and $ 487. 60 Lot 24 - $975.20 (2 laterals)
25 through 42
Grading & Graveling
Total Cost including 67. Engineering: $46,512
COST PER LOT 1 THROUGH 43: $1 , 081 . 67
Concrete Paving
Total cost including 6. Engineering: $155, 040
COST PER LOT 1 THROUGH 43: $3, 605. 58
Storm Sewer
Assessment charges $24,845. 75
COST PER LOT 1 THROUGH 43: $ 577. 81
Rear Yard Drains:
Construction Cost including
67. Engineering $2,07.9
COST PER LOT 1 THROUGH 43: $ 47. 39
Owner of the plat is Paine—Eisch Development Corporation; Terry
S. Eisch , President , Frank W. Eisch , Secretary.