HomeMy WebLinkAboutAssignment of Amended Development Agr/Stoney Beach West (2013) ASSIGNMENT OF 8 1 3 3 6 7 9
AMENDED DEVELOPMENT j Tx:4094297
AGREEMENT 1655413
REGISTER`S OFFICE
Document Number Document Title
WINNEBAGO COUNTY, WI
RECORDED ON
1. PARTIES: 12/30/2013 10:36 AM
a. Grantor: Stoney Beach West,LLC JULIE PAGEL
c/o Scott R.Anderson REGISTER OF DEEDS
N51 W22657 Lisbon Road
Sussex,WI 53089 Recordin, ArepECORDING FEE 30.00
Name and Return Address
b. Grantee: CR Property Solutions,LLC
1013 Tana Court City Attorney's Office
Menasha WI 54952 Oshkosh,WI 54903-1130
2. PROPERTY: Stoney Beach West development,pursuant to the
Plat recorded with the Winnebago County Register of Deeds on October 28,2004 as document number 1333004 on page
33-33A. A copy of this Plat is attached as Exhibit A and fully incorporated into this Assignment Agreement.
3. AGREEMENT ASSIGNED: Amended Developer's Agreement for Financing Improvements
(Developer Agreement)between Stoney Beach West,LLC and the City of Oshkosh filed with the Winnebago
County Register of Deeds on December 9,2004 as document number 1338008. A copy of this Developer
Agreement is attached as Exhibit B and is fully incorporated into this Assignment Agreement.
4. ASSIGNMENT: For$1.00 and other good and valuable consideration,Grantor assigns to Grantee all of Grantor's
right,title,and interest in the Developer Agreement(Exhibit B). Grantee acquires all of Grantor's benefits and
burdens of the Developer Agreement through this Assignment.
5. ACCEPTANCE OF ASSIGNMENT: Grantee accepts the assignment of the Developer Agreement from
Grantor,and accepts and assumes all duties,covenants,and liabilities,and further agrees to become responsible
for all outstanding liabilities and obligations as well as for all executory obligations.
6. AUTHORITY: Both members of Stoney Beach West,LLC,Robert C.Anderson and Kathleen M. Lennon,
are deceased. This Assignment is being carried out by Scott R.Anderson in his capacity as Personal Representative
of the Estate of Robert C.Anderson,Winnebago County Case Number 13-PR-140,as well as the Assignment of
Interest and Release of Claims document submitted from the Estate of Kathleen M.Lennon as attached as
Exhibit C and fully incorporated into This Assignment Agreement.
7. CONSENT: This Assignment is not complete without the Consent of the City of Oshkosh.
8. EFFECTIVE DATE: December .2013.
9. RECORDING: The parties agree that this Assignment Agreement will be recorded with the records of the
Winnebago County Register of Deeds.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
November 26, 2013 1
GRANTOR:
STONEY BEACH WEST,LLC
By: Estate of rt Anderson
f <,AR li of b21� C,By: /r s
Scott R. Anderson, Personal Representative
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY ) / /
Personally came before me this �1 day of ( 2013,the above named Scott R.Anderson,to me known to be
such person who executed the foregoing instrument and acknowledg•i the",for the purpose herein contained.
N Publi W.. County, isco .in
M ommissio expire sJ .4.1��1*A
GRANTEE: z} C 151,1
CP PROPERTY SOLUTIONS, LL eR
1g7%F
BY _ _ Bilk. NjS C rgp
.ad Reiche , Managi 1 Member h%velletelr
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of ,2013,the above named Chad Reichelt,to me known to be
such person who executed the foregoing instrument and acknowledged the same,for the purpose herein contained.
Notary Public,Winnebago County,Wisconsin
My Commission expires:
November 26, 2013 2
•
GRANTOR:
STONEY BEACH WEST. LLC
Bv: Estate of• • ►rt C Anderson
By:" y� l, ;E
Scott R. Anderson. Personal Representative
STATE OF WISCONSIN j
)SS.
WAUKESHA COUNTY )
Personally came before me this 41 day of ( 20l3.the above named Scott R.Anderson,to me down to be
such person who executed the foregoing instrument and acknowledg i the .am=,for the purpose herein contained.
Nit Lar.""11%--.
P b tc. r��'r;:* County. 'iscon �
M, ommissio'repire � l� / �..*.1' 1. \%
A AS
GRANTEE: * J04 <6
: ooLUJ10: T:; Ts.LLC u> e `�4
/ /�/ z o- hih 14"SCOV\
err
CifiX 'a 2E 1 : A sR�Mlt2
STATE OF WISCONSIN 1
ss.
WINNEBAGO COUNTY
Personally came before me this� day of 40a041-!.* 2013,the above named Chad Reichert to me known to be
such person who executed the foregoing instrument and . e. r or the uriose herein contained.
Nota_ Pubic. W. :.ebago County,Wisconsin
My Commission expires: �QNL 3 41.
November 26, 2013 2
CONSENT OF MUNICIPALITY:
The City of Oshkosh,as a Party to the original Developer Agreement,consents to this Assignment. The City's consent to
this Assignment is predicated upon CP Property Solutions, LLC assuming and accepting all responsibilities and liabilities
associated with the Development Agreement. The City's Consent does not release or waive any assessment,covenant,right,
interest,or benefit which it retains or acquired in or through the Developer Agreement,whether past,present,or future
CITY Cif.HKOSH
By: , L. I_!/sr?,AJ'
C' , ag-
�avo!'5.,
A, !4 .�
By: VA .
STATE OF VAISCONSIN ) •
`
ss.
WINNEBAGO COUNTY )
C,EPr �� Ammar r�r�, L
Personally came before me this i C. day of I�t e ,2013,the above named Mask-4:-Itehfr'ff and Pameie-R.
-brtg of the City of Oshkosh,to me known to be such persons who executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
Notary Public,Winnebago County, Wisconsin
ty
My Commission expifes:
APVEIOS TO FORM: ,g G�
'((fir City Attorney
DI\\)T3-(10�'s,
November 26, 2013 3
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Exhibit .____
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• AMENDED DEVELOPER'S I
' AGREEMENT FOR FINANCING . 3 3 e cellos
•IMPROVEMENTS ,
Document Number Doe®mt 7Stie REGISTER'S OFFICE
WIE EBAGO COUNTY. )U •
RECORDED OH
- •12/09/204! 10INAN
STONEY BEACH WEST SUBDIVISION SUSAN YIliHIRGHOSF•
LOTS 1-22 and 1 Outlot t REGISTER OF DEEDS . '
. RECORD1N3 FEE 31.0
• • ' TOWER FEE •
1 OF PARES 11•
, Reoetdlor Atm •
< i
Homo and Reoun Addnst t
• • • • CITY ATTORNEY
• IPO BOX 1130 • '
OSHKOSH WI 54902-1130
• • Parcel Ideottflwtion Nntabee(PM) •
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rc aired, Other Wormation each 0'
nit faform►tlan muxt be completed by tubmitter:douapsne,Lle(game!returo addru&and tilt IT 4 1
at the rrandng eiawet,letsl duerlpdont ere.play be placed on tAft fret pogo al the eloorment at May be plated on oddldona1 pater of the • .
docrmeat.&el ill'of Alt cover pets adds one page to your doaulent and AO;to the«eordlne fee%Felt onr!n Jwn+tet,J9.J17. 117tD4 21.96
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AMENDED ''
' DEVELOPER'S AGREEMENT
. FOR FINANCING IMPROVEMENTS
•
• THIS AGREEMENT is made pursuant to Section 66060. of the Wisconsin Statutes ' '
providing for levying and assessing the cost of various improvements.to•the property herein
• described, •
WHEREAS, on July 13, 2004, the Common Council of the City of Oshkosh approved
' initial and final resolutions pursuant to Section 88.80 of the Wisconsin Statutes upon execution
and approval of a waiver, executed by the developer of property herein described'of special
assessment notices and hearing and authorized the appropriate city officials to enter Into a
• development agreement for purposes of the same; and .
.
• WHEREAS, developer agreed, In consideration of installation of various Improvements
and perforinartce of service's, to pay the full cost of such Impro'vaments/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 beep completed, except for certain improvements which i
. may be Installed by and/or paid for by the undersigned developer;and .
WHEREAS, Developer has modified the Final Plat for this development eliminating one
lot and modifying the widths of other lots within the'development;and
WHEREAS, It is therefore necessary to revise the waiver and developer agreement to
fake into consideration those modifications made by Developer.
NOW,THEREFORE, IT IS HEREBY AGREED to by and between the City of Oshkosh,
• . a municipal corporation located in Winnebago Counfy, Wisconsin ("CITY")and Stoney Beach
. West, LLC("DEVELOPER"),in reliance on the representation and covenants made herein, as
follows:
1. City and Developer intend that this agreement shall supercede and replace in all' .
respects a previous agreement between the parties. The parties further agree that•said prior
agreement is hereby terminated and the parties have no further obligations thereunder. • . .
2, • ' Developer covenants and warrants that it is the owner of all the property described •
. as follows: - ;
Stoney Beach West Subdivision ..
' Lots 1-22 and 1 Ouflot.
• 3. . 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: '
Sanitary Sewer, Water Main, Sanitary and Water Laterals, Storm Sewer
• •
•
. • . : 8Xhibit �. 0>_... .• • ...• • ._....._.._._. .. • .. . _._._..__........_...... _._.. /.... 2--_..._
•
Laterals, Storm Sewer and Grading and Graveling .
Survey and Inspection Services and Qubilo Construction of: .
•Sidewalk . •
Design, Survey and inspection Services and Public Construction of:
. Concrete Paving ' •
4. City, or its designee, shall install the following Improvements:
• Sldeivaik'and Concrete Paving .
• Developer may request a permit from the Public Works Department for the •
construction of sidewalk, if the Developer requests such permit and meets all
requirements for the issuance of such permit, Developer may construct the.sidewalk
privately. If Developer constructs the sidewalk privately,any funds escrowed from th'e sale
of lots within' the subdivision shall be returned•io'Developer upon acceptance of the
. sidewalk by the City.
• 5. The Developer shall Install, and'the City expressly consents to'Developer
installation of the following Improvements:
Sanitary Sewer, Water Main, Sanitary and Water Laterals, Storm Sewer
Laterals, Storm Sewer and Grading and Graveling
Ali services and installations shall be according to plans and specifications, and
• subject to the approval and acceptance, of the City Engineer,
• . k 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 fall,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(t)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 '
Exhibit 0r
.. '•........... 1......5...... . .«....... • , .•.�...«........ ..... ............«......... ...........�..�..+........................................-
• . ,
- '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 88,0703
• 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 owners)to any
successor in title but is not Intended•to benefit third parties who are not a party to this
agreement. , .
7, Developer shall pay the actual construction costs Incurred by the City'for
. installation of the above improvements. •
It is specifically understood by and betvreen 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 i
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 pursuntto statutorynotice and hearing or upon
execution of an appropriate waiver. Notwithstanding anything In this Agreement to the
, contrary, if the Common Coundli determines to waive special assessments for concrete .
•
• paving for properties know as 2782 and 2816 Fond du Lac Road to a depth of'1 69,76'ft.
east of Fond du Lac Road, the Developer shall be responsible for payment of these
assessments.
A. SPECIAL ASSESSMENTS - '
• • The Developer shall pay as special assessment cost for, •
• Sidewalk and Concrete Paving . .
in Installments pursuant to Sections 26.83 through 89 of the C'shkosh Municipal. •
• Code In which case such Installment payments are to bear Interest at the rate of eight
percent(8%)per annum'on the unpaid balance. Notwithstanding the foregoing, Developer, '
Immediately upon voluntary divestiture of title to any of the property heretofore described, •
shall fully pay the outstanding assessments and anticipated future special assessments ' .
against the particular parcel or portion thereof subject to divestiture. Divestiture shall mean ;•
•, the transfer of legal title providing Developer does not retain any lien or mortgage Interest .
' In such parcel. • • s
In the event Developer 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
Developer sells by land contract, the assessments shali be paid in fuli•within one (1)year,
• from the date of the land contract. When payment is to be made within one year from the
• date of sale or contract under this paragraph,written notice must be given to the City Clerk
informing her of the date of sale or contract.
. • , • ' : Exhibit ' be:u • '. .
•
•
, • r
• '
•
• i
. 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; '
. ' Sanitary Sewer, Water Main, Sanitary and Water Laterals, Storm Sewer '
Laterals, storm Sewer and Grading and Graveiing •
• C. GRADING, GRAVELING AND PUBLIC UTILiTIES/2816 Fond du .�
• Lac Road&2782 Fond du Lac Road:
' • Pursuant to the determination of the Common Council that no benefit will accrue to '
the owners of 2816 Fond du Lac Road and that no benefit will accrue to the'owners of
2782 Fond du Lao Road unless/until such time as the property located at 2782 Fond du .
Lac Road may be subdivided, Developer shall pay all•costs for grading, graveling and
public utilities along Gibson Court to a depth of 169.76 feet adjacent to 2816 Fond du Lao
• Road and 2782 Fond•du Lac Road. Developer shall pay all.costs for grading, graveling
and public utilities for the remaining depth.of 2782 Fond du Lao Road,which amount shall
•be refunded to Developer upon.payment to the City of Oshkosh of the deferred special • '
assessments per Resolution#04-168 of the Oshkosh Common Council. No interest shall .
accrue on the amount of the assessments. . •
i
' 8. 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 .
• 9. 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 l'
City's performance of Its obligations under this agreement and shall further hold the City
harmless for any and ail cfalms arising from Developer's performance of its obligations
under this agreement, and shall Indemnify and refund to the Qity all sums which the City
may become .obllgated to pay, including attorney fees, arising from the parties'
performances of this agreement within 30 days of written demand for payment. .
. 10; 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 ey Developer. ' ,• ;
11, 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 •
•
Eh.i b .�
• • ..
....... . ......._........ .. -
•
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agreement and subject to.the provisions of paragraph 12 relating thereto.
•
j
' 12. 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 NA'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 flied 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 l.
constructed improvements, Developer may submit a letter of credit In the amount specified • i
• In the attached Exhibit NA"as a guarantee of such Improvements for a period of two years , e
from the date of acceptance. The Developer shall be'responsible for repairs to said
. privately constructed improvements during this twd year guaranty period. •• .
. Failure to file an appropriate bond shaft entitle the City to stop all construction work ' . I
upon the project including construction performed by private contractors, by notice to the
Developer and any contractors. Notice may be given personalty to an individual
representative of the contractor or Developer and/or sent by mall to the Developer or
contract'or.. If construction work continues without•filing of an'appropriate bend, the City
shall be entitled to seek an injunction to prevent further work on the project until such time
• : ps an appropriate bond is flied 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. -
• 13, 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 withotit 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 0
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 :• I
public Improvements and remediatlons 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 1
is intended td run with the land and to survive any subsequent divestiture of title by ,
beveioper to, and shall be blhding on, any successor in title, The remedies provided In this
• Agreement are not exclusive, The City may use any other remedies available to It .
' _ T4.
Developer agrees to pay any costs associated with the maintenance or •
replacement of water stop boxes damaged during the'development of this subdivision. It
. • •
• ' •Exhi•bit � Gogh ••
•
. .
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 paverrient construction.
Developer shall pay the actual costs Incurred by the City Within 30 days upon invoice from
• the City.
•
15; This Agreement end•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 patty and their corporate seals, if any,to be hereunto .
• affixed,.
• Dated; November / , 2004. • •
•
In the Presence of: . (Developer)
• ST. EY BEACH WEST', LLC
. 1,..:•1 C., q..... :
by: "obert C.Anderso
Oita h.
•y:Kathleen .. anon .
• , . Developer's Address:
..233C, -F..D Da. 1-4. gA•D
• dr1ko l/r Or 5%/1
• . . CITY OP OSHKOSH
. :• 13;71/1 . •
Ric and A.Wollangk, CI Manager
And T.11 .AL I I/S •'el 11 .
Pamela R. Ubrlg, City G :r • .
Appri ed as to Form d Execution: • ••• •• - •� Lorenson; 6'. ity attorney • .•
. • Continued on next page-- ,
•
• • • .
• ' its��
Exhibit
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STATE OF WISCONSIN ) STATE OF WISCONSIN )
• SS, SS.
• WINNEBAGO COUNTY )• WINNEBAGO COUNTY )421 12. j
Personally came before me this •Personally came before me this [ I
. 11 ,day of November,2004, the above• day of November, 2004, the above. • • ;
named Richard A.Wollangk,City Manager, named Robert C. Anderson, to me • I
and Pamela R.Ubrlg, City Clerk, of the City known to be the persons)who executed
of Oshkosh, a municipal corporation, to me the foregoing Instrument, and to me ,
• known to be the persons who executed the , known to be an officer acting on behalf i.
• foregoing Instrument,and to me known to be. of 'coney Beach West, LLC and
such officers ,of said corporation, and •• ac •wledged t e a a, I.
• acknowledged that they executed the
foregoing instrument as such officers as the !I� 1-- i
• ••dead f said corporation,by its authority.
Notary,Public,Winnebago County,Wi
14.4./ My Commission'
' Notary Public,Winnebago Co.,WI • ' • •
• . My Commission explras,+is; /-e ZcC 6 •
• • STATE OF WISCONSIN •• )
. . ) SS,
WINNEBAGO COUNTY' ) •
•
• Personally came before ma this'?
dejr of November, 2004, the above-
named Kathleen M. Lennon, to ma
• known to be the person(s)who executed
. • the foregoing Instrument, and to me s
known to be an officer acting on behalf
• of - •nay Beach West, LLC and •
c no lodged the : .
I LA A. - 1111'.....4..,,s1
•
•
• Notary Public,Winnebago Counfy,
' My Commission:to e(�it/i
•
• ,
•
This document drafted by: -
Attorney Lynn A.Lorenson,Asst.CltyAttorney . , '
•
Oshkosh,WI 64902.1930 ,
i '
. • ' , .
ibit � �J�''
• '. WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.07.03, 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 publics construction,•surveying and inspection'of sidewalk and concrete paving and.for The
•
design of the concrete paving, ' • •
• ' For Private construction and public surveying and inspection for sanitary sewer, storm sewer,
water main,laterals,grading and graveling. j
•
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 66.0703 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 the benefit of my property from the , .
construction of such improvements is in proportion to the footage thereof.
,Description of Prexniseg
. StoneyBeaeh West Subdivision • .
. ' , Lots 1-22 and I Outlet(Lot 2,Lot 17 and Outlet 1 are not assessable) • •
' , Gibson Court(Includes stub road at approximately station 17+00) •
• I. Sanitary Sewer(Private Construction) i
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• ' ' ' Estimated Construction Cost 567,806 Private
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• •' • •• 6%Survey and Inspection 5 4,068 Invoice
2. WaterMain(Private Construction) j
Estimated Construction Cost £89,476 Private •
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, •6%Survey and Inspection S 5,369 Invoice r
3. Sanitary and.Water Laterals(Private Construction)
• • Estimated Construction Cost $23,070 Private •
' 6%Survey and Inspection S 1,384 Invoice
• 4. Storm Sewer Laterals(Private Construction) •
Estimated Construction Cost $13,620 Private • ,
• 6%Survey and Inspection S 817 Invoice
5. Storm Sewer(Private Construction) •
. Estimated Construction Cos( $73,977 Private .
6%Survey and Inspection S 4,439 Invoice '
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. Stoney Beach West Subdivision .•
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6. Sidewalk(Public Construction)ASSESS , '
Assessment Rata al$20.00 per trod foot of each lot
. Jnoludes 6%for Inspection and surveying. .
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Lot# Front Feet $Idewalk Cost Estimatq • . .
1 292,28 55,845.60 •
2 No Sidewalk
. • 3 80.24 51,604.80 '
• 4 65.46 $1,309.20
5 177.82 53,556.40
• 6 152.22 ' • $3,044.40 • .
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7 40,78 $ 815,60 •
8 47.41 $ 944,20 i
• 9 59.46 $1,189,20•, 10 60.00 • 51,20.0:00 • • . .
. 11 59.24 ' $1,184.80
12 50.68 51,013,60
13 44.64 S 892,80 .
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14 50.07 31,001,40
15 5430 ' $1,086.00 • •
16 '50.22 '$1,004.40 . •
17 No Sidewalk •
18 .176.27 53,525,40 .
19 184.96 , 53;699.20
• 20 80.74 $1,614.80
21 '228.09 • $4,561,80 • •
22 290,75 $5,815.00 •
Outlet 1 No Sidewalk
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• TOTAL 2245.63 $44,912.60 •• • . ,
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7. Grading and Graveling(Private Construction) ,
Center Line Feet otRoadway 1525/Lf. .
. • Cost per Center Lino Foot - $36/Lf i
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Estimated Construction Cost $54,900,00
• 6%Survey and Inspection S 3,294.00(Invoice) •
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• Page 3 .
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. Xhiblt , ID deli
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' Stoney Beach West Subdivision
• 8. Concrete Paving(Public Construction—Yea 2007)ASSESS
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• ' • .Center Lino Feet of Roadway ix 15254.
. Cost per Center Line Foot ix 2125.00/1f
. Include six(6)Handicapped Ramps 6 x$600,00"$3,600.00 .
• Estimated City/Assessable portion of the Gibson Court eonciete paving.(2782 Fond du Lac Road&
2816 Pond du Lac Road)'
ao a ,
560.69$(total frontage on Gibson Court).• • '
?gay)r*485.69 ft, ) 75 i!,(reduction per City of Oshkosh Assessment
485,69ft x S32.60Rf� �
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$15,833,49+$1,900,32(12%Survey,Inspection&Design)111<$17,733.81 r
6FondduLanA„s a • 'i
169.76t} .75 it(reduction pez City of Oshkosh Aaacsament Policy)a 94.761f.
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94.76Ifx$32.60/if xi$3,089,18+$370.71 (12%Survey,Inspection&Desi gn) ih$3,459.89
,459.89
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• Total Estimated Paving Construction Cost;(1525 if$125/1#)+$3,600.00 ix $194,225.00
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• 6%Survey and Inspection , $ 11,654,00 ,
'6%Design S 11,654,00
Sub-Total $217,533.00
Less Estimated Assessable Portion for 2782 Fond du Lac Road '
• Lass Estimated Assessable Portion for 2816 Fond du Lao'toad 'S $ 17,733.81 •
-$ $ 3,459,89
Total $196,339,30 ._
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Lots 1-22,not to Include Lot 2,Lot 17 and Outlet 1($196,339.30p20 Iots)m $9,816,97RotASSESS
3• Year Letter of Credit for Prhate Construction.S322,849,00
• 3—Year Letter of Credit for Public Services w$19,371.00
2—Year Setter of Credit Guarantee After Acceptance of Private Contraction.$64,570.00
Note: Per Common Council action(City Resolution#04-168)special assessments for lading,graveling
and utilities were deferred without interest for 2782 Pond du Lao Road in the amount of$16,725.24,to.bo
paid by the Developer of Stoney Beach West Subdivision U part of the Developers Agreement for that•
subdivision and to be reimbursed to the Developer orhis/het successor,at the time of subdivision of 2782' : :r
Fond du Lao Road. ,
Signature of Owner: .
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b . Date /0/y r%// ��j1//' Date
y: Robert C,Anderson • t Kathleen x!, nnon
Stoney Beach West,LLC Stoney Beach West,LLC
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Exhibits ltn� l� . .