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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 resolu-
tion adopted November 5 , 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 SOUTH PARK OAKS, A Co-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 :
Venture Drive from W . South Park Avenue northwesterly
170 ' for South Park Oaks
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
1
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 .
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 : November 6 , 1987 .
In th resence_ of:� SOUT RK,JOAK , CO-PARTNERSHIP
( Witness-) Ric and J . ' empi ger
(Witness) Ro ert L . Yarbro '
Ztv 4LIZ 1
i0p�n H . Decker )
Marene A . Decker
2
•
CITY OF OSHKOSH, a municipal
/ corporation Z
(Witness) William D . Frueh , City Manager
JAnd : � faa ilLU , ,.%:
(Witness) Donna C . Serwas , City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this _/ _day of ,
1987 , the above-named Richard J. Kempinger and Rob rt L. Yarbro, to
me known to be the persons who executed the foregoing instrument and
acknowledged that they executed the for- : ov• ng ins - . inent:
■
Ofr .
Notary Publ '�• nebago Co . , Wis .
My Commission : ___�._ _
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this _ s day of 4'1x ?. • ,
1987 , the above-named Gordon H. Decker and Marlene A. Decker, to
me known to be the persons who executed the foregoing instrument and
acknowledged that they executed the foregoing instrument.
_.„-!2 ,, c-i :
a.,_ _ ,,,,,„„z7-7-
Notary Public , Winnebago Co , , Wis .
My Commission : ? ._s G?_ `- 9' d
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this �" day of , --rn-1 ,
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 foregoing instrument as such officers
as the deed of said Corporation , by its authority.
---- .,-, fiik.----/
u___)6k,;\,,,,_. „_ ..,...„,,,
Notary Public , Winnebago Co . , Wis .
This document drafted by: My Commission: t„ J! �,L.,n.EC,,,F.._
Attorney John W. Pence
City Attorney, Oshkosh, wi 3
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
FOR VENTURE DRIVE
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
VENTURE DRIVE from W.South Park Avenue
northwesterly 170' for South Park Oaks
BENEFITS DAMAGES
GRADING & GRAVELING $3,060.00 None
170 'x 818/ft.=
CONCRETE PAVING $10,200.00 None
170 ' x 818/ft.=
Signatures of Owners:
SOUTH PARK OAKS, A CO-PARTNERSHIP A,- /
-� -- Gordon H. Decker
Richard J Kempi/�ge p-7
Date: /j T (1� - / Date: /_, /f
- J
12eit / / jai , / ` - • -•
Robert L. Yarb o Marlene A. Decker
Date: _&_z 118_2-- Date: /