HomeMy WebLinkAboutDeveloper Agreement/Midwest Real Estate Development CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920) 236-5106
LETTER OF TRANSMITTAL
To: Midwest Real Estate Development Co. Date: December 26, 2013
2990 Universal Street Project: N/A
Oshkosh, WI 54904 From: City of Oshkosh
Re: Developer Agreement Requirements
Attn: Rodney R. Oilschlager
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Copy of the signed Developer Agreement Requirements for
Hunters Ridge (Phase 2 — Lots 1, 2, and 3 CSM 5774)
These are being transmitted as indicated below:
❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Signed: Chi
Carol Marchant, Administrative Assistant
cc: City Clerk (original)
Public Works, Engineering (copy)
City Attorney (copy)
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8 1 3 2 3 4 7
DEVELOPER AGREEMENT Tx:4093416
REQUIREMENTS 1654748
Document Number Document Title REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
Hunters Ridge 12/18/2013 08:55 AM
(Phase 2—Lots 1, 2, and 3 CSM 5774)
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
Recording Area
Name and Return Address:
City Attorney Office
P O Box 1130
Oshkosh WI 54903-1130
/J'•
S
DEVELOPER AGREEMENT REQUIREMENTS
BEFORE adoption of the Developer Agreement by the City Council, the following
items must be filed with the Office of the City Clerk:
A signed waiver
A performance bond or letter of credit guaranteeing completion of private
construction within two (2) years.
A letter of credit in the amount of any publicly constructed improvements or
services which may be drawn upon by the City in payment of construction
and/or related costs for the public improvements
Please contact the Department of Public Works with any questions in this regard.
After private construction is complete, a two year letter of credit, which meets the
approval of the City Attorney, may be filed in an amount equal to 20% of the total
construction cost to guarantee the privately constructed improvements. Upon the written
acceptance of the work by the City and the filing of this two year letter of credit,the letter of
credit or bond specified above may be released.
Written approval of private construction under a Developer Agreement will be issued
by Public Works when the work is completed. Please contact the Department of Public
Works with any questions in this regard.
An invoice will be issued by the Finance Director when notified by the Public Works
Department that work is completed. Invoices must be paid within thirty(30)days from the
date of invoice. Payments should be made to the Collections Division.
ANY change in the assessments or construction (private or public) that have been
authorized through a Developer Agreement MUST be amended through Council action.
Please contact the Department of Public Works to initiate any corrections in this regard.
This agreement requires the Developer, immediately upon transfer of title to any of
the property included within the agreement to fully pay the outstanding assessments and
anticipated future special assessments against the transferred parcel or portion. If you are
transferring the property to another developer and would like to request amendment to the
Developer's Agreement to reflect that transfer, please contact either the City Clerk or City
Attorney's office in this regard.
Phone Numbers:
Department of Public Works City Clerk's Office Director of Finance
236-5065 236-5011 236-5005
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.0703 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 66.0703 of the Wisconsin Statutes upon execution and
approval of a waiver, executed by the undersigned, developer of property herein described
of special assessment notices and hearing; and
WHEREAS, the undersigned developer has agreed, in consideration of installation
of various improvements and performance of services, to pay the full cost of such
improvements/services and related costs through invoice and/or special assessment
financing pursuant to Section 25-83 through 25-89 of the Oshkosh Municipal Code upon
certification by the City Engineer for the City of Oshkosh that said improvements have been
completed, except for certain improvements which may be installed by and/or paid for by
the undersigned developer; and
WHEREAS, the Common Council of the City of Oshkosh by resolution adopted
December 10, 2013, authorized and directed the proper City officials to enter into an
appropriate agreement to provide for full payment by the undersigned developer of said
improvements and related costs, and related matters;
NOW, THEREFORE, IT IS HEREBY AGREED to by and between the City of
Oshkosh, a municipal corporation located in Winnebago County, Wisconsin ("CITY") and
Midwest Real Estate Development Co., Inc., Rodney R. Oilschlager, President,William P.
Mark, Vice-President ("DEVELOPER"), in reliance on the representation and covenants
made herein, as follows:
1. Developer covenants and warrants that it is the owner of all the property
described as follows:
Hunters Ridge
(Phase 2 -- Lots 1, 2, and 3 CSM 5774)
2. Developer has requested, and consents to, services from and installation by
City of various improvements described as follows:
Survey and Inspection Services for Private Construction of:
Utility Adjustments, Sidewalk and Concrete Paving
3. The Developer shall install, and the City expressly consents to Developer
installation of the following improvements:
Utility Adjustments, Sidewalk and Concrete Paving
•
All services and installations shall be according to plans and specifications, and
subject to the approval and acceptance, of the City Engineer.
5. No buildings permits shall be issued for any lot to which utilities have not
been extended and/or for any lot to which access has not been provided by graded,
graveled and properly maintained temporary roads. No building permits shall be
issued for any lots for which there has not been substantial completion of all major
grading and associated work required by the grading and drainage plan and the
State of Wisconsin Department of Natural Resources Construction Site Erosion
Control Permit.
Incorporated by reference within this Agreement is the approved grading and
drainage plan as required by Chapter 30 of the Oshkosh Municipal Code. These plans
shall be adhered to and maintained by the respective lot owners in a manner which is
consistent with the original design, function and capacity of the plan. If the respective lot
owners fail, in the sole judgment of the City,to properly maintain the grading and drainage
plan, the City shall give notice of such fact to the respective owner(s)who shall have the
time specified in the notice to correct the deficiencies. If the owner(s) does not
satisfactorily complete the work within the time allotted, the City may enter the property,
using its own employees and equipment or contracting with others to complete the work.
Developer hereby grants in perpetuity to the City reasonable and appropriate access
easements over this subdivision for such purposes. Cost incurred by the City will be levied
against the respective lot(s) as a special charge pursuant to Section 66.0627 of the
Wisconsin Statutes. This provision constitutes Developer's, and any respective lot
owner's,waiver of the notice of hearing and hearing otherwise required by Section 66.0703
of the Wisconsin Statutes. This covenant is intended to run with the land and to survive
any subsequent divestiture of title by Developer, or any respective lot owner(s) to any
successor in title but is not intended to benefit third parties who are not a party to this
agreement.
6. Developer shall pay the actual construction costs incurred by the City for
installation of the above improvements. It is specifically understood by and between the
parties that the amounts set forth in the attached Exhibit"A"Waiver of Special Assessment
Notices and Hearing under Section 66.0703, Wisconsin Statutes are estimates only.
Invoices and assessments shall be based upon the actual costs of services and
construction. In the event that the estimated cost exceeds the actual costs of services and
construction,the Developer shall be responsible only for the actual cost of construction. In
the event that the actual costs of services and construction exceed the estimated costs,the
City shall be entitled to assess the property for any excess costs pursuant to statutory
notice and hearing or upon execution of art appropriate waiver.
B. PAYMENTS UPON INVOICE
The following shall be paid to the City by Developer in cash within 30 days upon
invoice from the City:
Survey and Inspection Fees for: Utility Adjustments, Sidewalk and Concrete Paving
7. The attached exhibit, acknowledged by City and Developer as being true and
correct, is incorporated by reference as if fully stated herein.
EXHIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66.0703, Wisconsin Statutes
8. Developer, and any successors in title, covenants and agrees to release the
City, it assigns, employees, agents and contractors from any and all claims arising from the
City's performance of its obligations under this agreement and shall further hold the City
harmless for any and all claims arising from Developer's performance of its obligations
under this agreement, and shall indemnify and refund to the City all sums which the City
may become obligated to pay, including attorney fees, arising from the parties'
performances of this agreement within 30 days of written demand for payment.
9. Any refund which may be due Developer as a result of any special
assessment being in excess of the actual amount paid by City for said improvements is not
assignable by Developer.
10. All privately constructed improvements shall be completed within three years
from the date of this agreement or the Developer shall be considered in default of this
agreement and subject to the provisions of paragraph 12 relating thereto.
11. The Developer shall provide a letter of credit,which meets the approval of the
City Attorney, in an amount equal to the estimated cost of any publicly constructed
improvements or services set forth in Exhibit"A"attached hereto which may be drawn upon
by the City in payment of construction and/or related costs for the public improvements.
Such letter of credit shall be filed in the office of the City Clerk prior to approval of the Final
Plat by the Common Council.
Prior to approval of the Final Plat by the Common Council,the Developer shall file a
three year performance bond or letter of credit, which shall be renewable at the option of
the City of Oshkosh if such construction has not been completed within the three year
period specified above and which meets the approval of the City Attorney, which shall
guaranty Developer's performance of any privately constructed improvements as set forth
in Exhibit "A" attached hereto. After written acceptance by the City of any privately
constructed improvements, Developer may submit a letter of credit in the amount specified
in the attached Exhibit"A" as a guarantee of such improvements for a period of two years
from the date of acceptance. The Developer shall be responsible for repairs to said
privately constructed improvements during this two year guaranty period.
Failure to file an appropriate bond shall entitle the City to stop all construction work
upon the project including construction performed by private contractors, by notice to the
Developer and any contractors. Notice may be given personally to an individual
representative of the contractor or Developer and/or sent by mail to the Developer or
contractor. If construction work continues without filing of an appropriate bond, the City
shall be entitled to seek an injunction to prevent further work on the project until such time
as an appropriate bond is filed and to seek such other and further relief as may be deemed
appropriate. In addition to any equitable relief, the City may seek monetary damages and
upon judgment shall be entitled to its costs and fees in pursuit of any action under the
terms of this paragraph.
12. In addition to the remedies for default provided to the City by the financial
guarantees contained within this Agreement,the City shall have the right without notice or
hearing to Developer, or any successor in title, to impose special assessments for any
amount to which the City is entitled by virtue of this Agreement upon each and every lot
within the subdivision. Such assessments shall be imposed on the individual parcels in
accordance with such parcel's share of the amount to which the City is entitled in
accordance with this Agreement and which amount has not been paid by the Developer of
such parcel or its successors or assigns. With respect to defaulting Developer, this
provision constitutes Developer's consent to the installation by the City or designee of all
public improvements and remediations required by this Agreement and constitutes
Developer's, and any successors in title, waiver and consent to all special assessment
proceedings as described in Section 66.0703, of the Wisconsin Statutes. This covenant is
intended to run with the land and to survive any subsequent divestiture of title by Developer
to, and shall be binding on, any successor in title. The remedies provided in this
Agreement are not exclusive. The City may use any other remedies available to it.
13. Developer agrees to pay any costs associated with the maintenance or
replacement of water stop boxes damaged during the development of this subdivision. It
shall not be necessary for the City to determine or establish by whom the damage was
done. Developer also agrees to pay any costs associated with maintenance to the gravel
street base which may be necessary during the period prior to pavement construction.
Developer shall pay the actual costs incurred by the City within 30 days upon invoice from
the City.
14. This Agreement and its attachments, may be recorded at City's option, and if
so done, this document 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 3 , 2013.
In the Prese'ice of: (Developer)
/i1111
Midwest Real Estate Development
Co., Inc., by Rodney R.
Oilschlager, President
Developer's Address: T. S 44.P 7 OS
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CITY OF OSHKOSH __ -- -- l
By: --- �� And ' ALL 0'
Mar A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
Approved as to Form and Execution:
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Lynn A ' orenson, Ate'. ity Attorney
STATE OF WISCONSIN ) STATE OF WISCONSIN )
) SS. ) SS.
WINNEBAGO COUNTY ) WINNEBAGO COUNTY )
yI IA Personally came before me this Personally came before me this g'
l 111'-day of December, 2013, the above- day of December, 2013, the above-
named Mark A. Rohloff, City Manager, and named Rodney R. Oilschlager, to me
Pamela R. Ubrig, City Clerk, of the City of known to be the person who executed
Oshkosh, a municipal corporation, to me the foregoing instrument, and to me
known to be the persons who executed the known to be such officer of said
foregoing instrument,and to me known to be corporation, and acknowledged that he
such officers of said corporation, and : .ecuted the foregoing instrument as
acknowledged that they executed the . i officer as the deed of said
foregoing instrument as such officers as the • i it 1 iy jts • tho ' ,
dee•'•f said corporation by its authority. .%A;��i. 7L.. , !!I. . IN
�!: • t . . ��i I r 'ota��•- il, Wrrletago County,WI
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Notary Public, Winnebago Co., WI • f-{ 'j: 29 (, '
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This document drafted by:
Attorney Lynn A. Lorenson, City Attorney
Oshkosh,WI 54902-1130
•
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.0703, 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:
For private construction and public surveying and inspection for utility adjustments, sidewalk,
and concrete paving.
In consideration of the construction of said improvements by the City of Oshkosh, Wisconsin, I
hereby admit that such public improvements will benefit said property and consent to the levying
of special assessments against the premises under Section 66.0703 of the Wisconsin Statutes for
the cost of such improvements. In accordance with Section 66.0703 of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required by Section 66.0703 of the
Wisconsin Statutes; and I further agree and admit that there is benefit to my property from the
construction of such improvements is in proportion to the footage thereof:
Description of Premises
Hunters Ridge Phase 2
Extension of: White Tail Lane(from south line of Lot 1, CSM 5774 to Ruffed Grouse Way),
Ruffed Grouse Way(from White Tail Lane to west property line of Lot 1, CSM 5774, includes
gravel cul-de-sac bulb at the west end of Ruffed Grouse Way), and Elk Ridge Drive(from
Ruffed Grouse Way to approximately 660' north)
1. Utility Adjustment
Estimated Construction Cost $30,000.00 Private
6% Survey and Inspection $1,800.00 Invoice
2. Sidewalk(Private Construction)
4,1001.f. x$20.00/1.f. = $82,000.00
Handicap Ramps= $2,500.00
Estimated Construction Cost $84,500.00 Private
6% Survey and Inspection $5,070.00 Invoice
3, Concrete Paving(Private Construction—Year 2014)
Includes terrace restoration
2,050 I,f. x$135.00/1.f.= $276,750.00
Estimated Construction Cost $276,750.00 Private
6% Survey and Inspection $16,605.00 Invoice
IlEngincesing\Waiver of Special Assessment1Waiver of Special Assess-by Subdivision\Hunters Ridgs 12-3-13.docs Page 1 of 2
Letters of Credit Required:
2---Year Letter of Credit for Private Construction=$391,250.00
2—Year Letter of Credit for Public Services=$23,475.00
2—Year Letter of Credit Guarantee after Acceptance of Private Construction=$78,250.00
Signature of Owner:
g I3
Rodney R. Oilschlager ate
Vita President
I:1Engineerieg\Waiver of Special Assessment\Waiverof Special Assess-bySubdivlsionWuntersRidga 12-3-13.docx Page 2 of 2