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Home My WebLink AboutDeveloper's Agreement/First Add to Rusch-Kienast Plat y Jo ,"'1 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 19th day of December, 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 Thomas N. Rusch & LuVern Kienast ("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: First Addition to Rusch-Kienast Plat (Lots 58-104) 2. Owner has requested installation by City of various improvements to said property described as follows: Sanitary Sewer Water Main Laterals (7) Grading & Graveling Concrete Paving Storm Sewer 3. City, or its designee, shall cause such improvements to be installed according to the plans and specifications of the City Engineer . 1 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 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: December 20 , 1985 . In the Presence of: CITY OF OSHFOSH By: ,.,4%= d - 'Z (Witness) William D. Frueh, City Manager And: 1 AL tom; (�• , a ),) (Witness) Donna C. Serwas, City Clerk 2 411110;"24-1 - (Witness) Thomas N. - sch -2/�ti' -/--e ,-7 / -c--?i-fit. /- (Witness) LuVern Kienast STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this /566 day of l%�% .4) , 1986 , 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. 67/9"--4-c-, ,..2Z---,,---re.,.,ba) Notary Public, Winnebago Co. , Wis. My Commission: /---2/- 96) STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this /...5-Le day of L I-� , 1986 , the above-named Thomas N. R usch and LuVern Kienast to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument. Notary Public, Winnebago Co. , Wis. My Commission: /-,-t/` 90 A pro ed as t. yrm an� Execution Warren P. Kraf , A. t. ity Attorney This document drafted by: Attorney John W. Pence City Attorney Oshkosh, WI 54901 3 EXHIBIT "An i . I WAIVER OF SPECIAL ASSESSMENT NOTICES AND 11 HEARING UNDER SECTION 66.60, WISCONSIN STATUTES The undersigned, owner of property benefited by the II 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 I 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 NI 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 III 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: III Description of Premises First Addition to Rusch-Kienast Plat (Lots 58 - 104) IIIBENEFITS DAMAGES . IIISANITARY SEWER (67. Engineering) $ 3,334.00 None WATER MAIN (67 Engineering) 5 4,392.00 None LATERALS (6% Engineering) $ 1 ,418.00 None 1 STORM SEWER (6% Engineering) $ 1 ,987.00 None + Y. of total cost to serve this Plat(starm , 0R sewer extension installed in 1982) $20, 157.00 None Credit due contractor ) for installation of 12" water main instead of 8" water main -512, 100.00 None 4 GRADING & GRAVELING (6% .Engineering) $ 3,212.00 None 1 CONCRETE PAVING (Total Cost Including 1 6% Engineering) $178,468.00 None 1 • 4 . . (PAGE 2 - WAIVER FOR FIRST ADDITION TO RUSCH-KIENAST PLAT) at it - -- , - Si gnature of Owner -��7 /� THOMAS N. R � OilStreet Address p2 , i e �41_ �g: __ City _a4 _ 4_ .?,,Z�.�� 4 Si gnature of Owner ,,,,/ ,ejZ,v _ ___ LUVERN KIE NAST 41 Street Address __ csi-il--Of 4 City L! / r-z/ - -��d, -- - Date: 24 / �S"1 II Attached is Exhibit `A", showing the breakdown by lot of the 9 Y assessments. 11 -- 1 IR 31 1 t!I li 11 ivenn,...______ } EXHIBIT "B" To: John Pence, City Attorney From: Ed Potempa, Civil Engineer II 17"/"t Date: November 22, 1985 Subject: IMPROVEMENT COSTS FIRST ADDN, TO RUSCH-LIKIENAST PLAT |LOTS 58 7 1041 Following are estimated costs of the assessable improvements for the Rusch-Kienast Subdivision: 6% Engineering $ 3,334.00 Water Main 6% Engineering $ 4,392. 00 Laterals 6% Engineering $ 1 ,418.00 Stgrm Sewer 6% Engineering $ 1 ,987.00 + % of total cost to serve this plat (storm sewer extension installed in 1982 $ 20, 157.00 Credit due contractor for installation of 12" water main instead of 8" water main - $ 12, 100.00 Total - Utilities $ 19, 188.00 COST PER LOT FOR UTILITIES= $19, 188/47= $488.26 Grading & Gravgling 6% Engineering $ 3,212.00 COST PER LOT $3,212/47= $ 68. 34 Ccmcr.etq PAYirig Total cost including 6% Engineering $178,468.00 Exhibit "A" is attached to this memo, and lists the costs by individual lot. Owners of the Plat are Thomas N. Rusch and LuVern Kienast. The developers desire to install sanitary sewer, water main , laterals and grading and graveling themselves. The agreement should reflect that all improvements must be installed as per city of Oshkosh plans and specifications. Engineering Division will stake lines and grade. Work must only be done when city of Oshkosh inspector is on duty; no homes can be connected or occupied until all lines have passed all necessary infiltration and pressure tests, and been accepted by city of Oshkosh. Attached is Exhibit "A" , showing the a breakdown by lot of the assessments. 1 ASSESSMENTS FOR FIRST ADDN. TO RUSCH-KIENAST PLAT Lot 58 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,713.00 Lot 59 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,713.00 Lot 60 Utilities - $400.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,848.00 Lot 61 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,617.00 Lot 62 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,713.00 Lot 63 Utilities - $408~26 Grading & Graveling - $ 68.34 Concrete Paving - $2,713.00 Lot 64 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 65 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 66 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425. 00 Lot 67 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425. 00 Lot 68 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425.00 Lot 69 Utilities - $ 408.26 • Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 70 Utilities - $408.26 Grading & Graveling - $ 68~34 Concrete Paving - $3,391.00 1 Lot 71 Utilities $408.26 Grading & GraveLing - $ 68.34 Concrete Paving - $3,391.00 Lot 72 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,893.00 Lot 73 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,893. 00 Lot 74 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,893.00 Lot 75 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,893.00 Lot 76 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 77 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391 .00 Lot 78 Utilities $408. 26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 79 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425.00 Lot 80 - Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 109.00 Lot 81 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391 .00 Lot 82 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,210.00 Lot 83 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3, 165.00 Lot 84 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,939.00 2 Lot 85 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,939.00 Lot 86 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,939.00 Lot 87 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $2,939.00 Lot BB Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3, 165.00 Lot 89 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,210.00 Lot 90 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 91 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 109.00 Lot 92 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 186.00 Lot 93 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 94 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391. 00 Lot 95 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 96 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 97 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $3,391.00 Lot 98 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 186. 00 Lot 99 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 109.00 Lot 100 Utilities - $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5, 109.00 Lot 101 Utilities $408. 26 Grading & Graveling - 68.34 Concrete Paving - $5,425.00 Lot 102 Utilities $406.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425.00 Lot 103 Utilities $408,26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425.00 Lot 104 Utilities $408.26 Grading & Graveling - $ 68.34 Concrete Paving - $5,425.00