HomeMy WebLinkAboutAmendment to Amended Develoment Agr/Stoney Beach West Lots 1-22 (2013) I I II1111111111 IUIIII
AMENDMENT TO 8133630
AMENDED DEVELOPMENT Tx:4094297
AGREEMENT 1655414
REGISTER'S OFFICE
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON
12/30/2013 10:36 AM
STONEY BEACH WEST SUBDIVISION JULIE PAGEL
Lots 1-22 and 1 Outlot REGISTER OF DEEDS
Recording
Amendment FEE 30.00
,
Amendment to the Amended Developer's Name and Return Address
Agreement for Financing Improvements
Filed with the Winnebago County Register City Attorney's Office
Of Deeds on December 9,2004 as Document Oshkosh WI 54903-1130
Number 1338008
November 27, 2013 1
AMENDMENT TO
AMENDED DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
The City of Oshkosh,215 Church Avenue,Oshkosh,Wisconsin (CITY)and CR Property Solutions,LLC, 1013 Tana
Court,Menasha,Wisconsin(CRPS)enter into this agreement for$1.00 and other good and valuable consideration.
1. The CITY previously entered into an Amended Developer's Agreement for Financing Improvements (Developers
Agreement)with Stoney Beach West,LLC,for the purpose of facilitating the development of the Stoney Beach West
subdivision. This Amended Developer's Agreement was recorded with the Winnebago County Register of Deeds on
December 9,2004,as document number 1338008,and is attached as Exhibit B.
2. The Developers Agreement was assigned by Stoney Beach West, LLC to CRPS through a subsequent Ass ment
Agreement,which was approved by the CITY on December 10,2013 through Common Council Resolution'3°Sand
recorded with the Winnebago County Register ofDeeds on December O,2013,as document number( S
3. The CITY and CRPS now wish to modify the existing Developers Agreement to further facilitate the completion of this
development. It is the intention of both parties that the only changes to the Developers Agreement are those explicitly
identified in this Amendment, and that the benefits, burdens, liabilities, terms, conditions, and covenants of the
Developers Agreement shall remain in effect.
4. The Parties agree to the following change of terms in the paragraph identified as"A.SPECIAL ASSESSMENTS"
The following terms shall be deleted:
Sidewalk and Concrete Paving
In installments pursuant to Sections 25-83 through 89 of the Oshkosh Municipal Code in which case such
installment payments are to bear interest at the rate of eight percent(8%)per annum of the unpaid balance.
Notwithstanding the foregoing,Developer,immediately upon divesture 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 divesture. Divesture shall mean the transfer of legal title provding
Developer does not retain any lien or mortgage interest in such parcel.
With the following new terms inserted to replace the deleted terms:
Sidewalks
In installments pursuant to Sections 25-83 through 89 of the Oshkosh Municipal Code in which case such
installment payments are to bear interest at the rate of eight percent(8%)per annum of the unpaid balance.
Notwithstanding the foregoing,Developer,immediately upon divesture 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 divesture. Divesture shall mean the transfer of legal title
providing Developer does not retain any lien or mortgage interest in such parcel, but does not include the
assignment of rights and obligations in this Developer's Agreement.
5. The Parties agree to the following change of terms in the paragraph identified as"A.SPECIAL ASSESSMENTS"
The following terms shall be inserted immediately after"The Developer shall pay as a special assessment
cost for:"
Concrete Paving
At the time of this Amendment,there are assessments totaling One Hundred Forty One Thousand One Hundred
Four and 25/100 Dollars($141,104.25)due and owing. A spreadsheet identifying the assessment due for each
lot is attached as Exhibit A and fully incorporated herein. The outstanding assessmentsmay be paid in
installments pursuant to Sections 25-83 through 89 of the Oshkosh Municipal Code,except that the maximum
repayment period shall be no more than five(5)years. Installment payments are to bear interest at the rate of
November 27, 2013 eft.,/
2
six percent (6%) per annum of the unpaid balance. Notwithstanding the foregoing payment teens, all
outstanding and anticipated future assessments for a property within this development is due and owing in full
at the time it is sold,transferred,or conveyed to any third party,or immediately upon the Developer's divesture
of title to any of the property heretofore described.
6. The Parties agree to the following change of terms in the paragraph identified as"C.GRADING,GRAVELING AND
PUBLIC UTILITIES/2816 Fond du Lac Road&2782 Fond du Lac Road:"
The following existing terms shall be deleted:
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 Lac 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 fret adjacent to 2816 Fond du Lac 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 Lac 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.
With the following new terms inserted to replace the deleted terms:
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 Lac 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 Lac 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 Lac Road.
7. The Parties agree to the following change of terms in the paragraph above the signatures on page 3 of the"WAIVER OF
SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION 66.0703,WISCONSIN STATUTES"
The following existing terms shall be deleted:
Note:Per Common Council action(City Resolution#04-168)special assessments for grading,graveling
and utilities were deferred without interest for 2782 Fond du Lac Road in the amount of$16,725.24,to be
paid by the Developer of Stoney Beach West Subdivision as part of the Developers Agreement for that
subdivision and to be reimbursed to the Developer or his/her successor at the time of subdivision of 2782
Fond du Lac Road.
There shall be no new terms inserted to replace the deleted terms.
8. This Amendment shall be recorded with the Winnebago County Register of Deeds and shall be considered to be
incorporated into the Amended Developer's Agreement for Financing Improvements recorded on December 9,2004 as
document number 1338008,which is attached as Exhibit B.
9. Each term of the Amended Developer's Agreement for Financing Improvements recorded on December 9,2004 as
document number 1338008 shall remain in full force and effect except where explicitly changed or altered in this
Amendment Agreement.
SIGNATURE PAGES FOLLOW
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
November 27, 2013 AL 3
CITY t 1 SHKOSH
By: V. / /.//L_
i rk A.Rohloff, tar age
By:
. �7-, pity l'erk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally came before me this day of Of(1 i0/1451-',2013,the above named Mark A. Rohloff and Pamela R.
Ubrig of the City of Oshkosh,to me known to be such rsons 'ho executed the foregoing instrument and acknowledged the
same,for the purpose herein contained.
Notary Public,Winnebago.County,Wisco sin
My Commission expires: 15 Jl urn ry1 L �
APP'S*V+ i AS TO FORM: 1'
rR,City Attorney
\PMD 3, fs '415'w
CP PROPERTY SOLUTIONS,LLC
By: i ' -111P /.�.
('d Reichelt,Mana.''g Membe
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY )
Personally came before me this day of&+CCG t/d: ,20I3,the above named Chad Reichelt,to me known to be
such person who executed the foregoing instrument an• . • 'i I e ;Agit. ,for the purpose herein contained.
No . P • ic, - ebago County,Wisconsin
My Commission expires: 41.444— 3, 2014
November 27, 2013 4
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AMENDED DEVELOPER'S I •
' AGREEMENT FOR FINANCING •J. 3 3 F3 r�r 8
IMPROVEMENTS REGISTER'S OFFICE
Document Numb et boe=ml f5tla REGISTER'S COUNTY, yI
RECORDED ON
•12/09121 10:08AH
STONEY BEACH WEST SUBDIVISION SUSAN YINNIAESHOFp
• LOTS 1-22 and 1 Outiot ' , REGISTER OF DEEDS
•
RECORDI13 FEZ 31.t• .
•
IO F DESK 11 •
•
• Rocordlae An,* •
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• time and Rosins Address i
• • • CITY ATTORNEY •
• ! PO BOX 1130
OSHKOSH WI 54902-1130
• I
• Pared ldantifieation Nntaber(PIN) •
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t ranter elartree,legal deteri nonj etc,wry be placed on this fort page of thl documeh:or inay be placed on additional page:of the d 2/9•
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document. ou;!fie of this cover pare add:one pare to your document and p.CO to the recordrn:Ice;Wucbn.cfn Swtr+rer,JRJ17. 'RD
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AMENDED
• DEVELOPER'S AGREEMENT '
. FOR FINANCING IMPROVEMENTS
•
THIS AGREEMENT Is made pursuant to Section 66.60 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 66.60 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 perforinance of service's, 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 •
26-89 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 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 fhe waiver and developer agreement to
take 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 County, Wisconsin ("CITY")and Stoney Beach •
West, LLC("DEVELOPER"), In reliance on the representation and covenants made herein,as r
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•sald 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 Outiot.
. 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
. 1,1_-....04\ `
. obit
•
•
•
Laterals, Storm Sewer and Grading and Graveling
•
Survey and inspection Services and Public Construction of:
• • Sidewalk ,
Design, Survey and inspection Services and Public Construction of:
•
Concrete Paving • •
4. City, or its designee, shall Install the following improvements:
• Sldevvalk'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 the sale
of lots within. the subdMsion shall be returned•fo'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 spec cations, and
subject to the approval and acceptance, of the City Engineer,
. . •
6. 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 property 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 '
•
Exhibit 2. (k....A . •
•
•
•
.
' 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 fitie 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 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 an appropriate waiver. Notwithstanding anything In this Agreement to the
contrary, if the Common Coundll determines to waive special assessments for concrete .
. • paving for properties know as 2782 and 2616 Fond du Lac Road to a depth of'169.761t.
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 25-83 through 89 of the Oshkosh Municipal. •
• Code in which case such Installment payments are to bear Interest at the rate of eight
percent(8%)per annual on the unpaid balance. Notwithstanding the foregoing, Developer, .
immediately upon voluntary divestiture of title to any of the property heretofore describdd, •
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.
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 shall be paid in full-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 . ba '
' i
,
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 ter:
. ' Sanitary Sewer, Water Main, Sanitary and Water Laterals, Storm Sewer •
Laterals, Storm Sewer and Grading and Graveling • .
• 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 Lac 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 Lac
• Road and 2782 Fond'du Lao Road. Developer shall pay all costs for grading, graveling
and public utilities for the remaining depth.of 2782 Fond du Lac 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 I.
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
i.
'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' i
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 Ely 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
:. ' '' : . . %Exhibit c\-.3 - - . 1
....... . _ , • .
agreement and subject to the provisions of paragraph 12 relating thereto. • i
' 12. The Developer shag 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 fetter 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 NA"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 shaft 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 mall to the Developer or•
contracfor.. 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
. : ps an appropriate bond is filed and to seek such other and further relief as maybe 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 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 iv
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 tha 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 remedlations required by this Agreement,and constitutes i
Developer's, and any successors In title, waiver and consent to 411 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. .
1'4, Developer agrees to pay any costs associated with the maintenance or
replacement of water stop boxes damaged during the'development of this subdivision. it
•
Exhibit
, •
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 pavenient construction.
Developer shall pay the actual costs Incurred by the City Within 30 days upon invoice from •
the City. V
•
, 15: This Agreement and. as Notice nof Lien against such City's and
. If so done,this document shall
•
IN WITNESS WHEREOF, the parties heretofore eir oo have
ost seals f any,#o be hereu no . .
signed by the proper persons of each party an rP ,
• affixed.• •
Dated: November / 2004.
In the Presence of: . (Developer)
ST. EY BEACH WEST, LLC
. ___Op4.-ei C., w.t..k. i . .or,....,_. _ . • :
by: �'�obert C.Anderso
/a O ' ,ik.,L1/
by: Kathleen •.'•neon -
, • Developer's Address:
233rd -ia/D Do- i--�� �k0
c d 163314 01 01 S •9pz:
CITY o>~OSHKOSH '
• Eyre
A
• Richard A.Woilangk, Ci Manager•
And: M .1j
Pamela R. Ubrig, City C :r
•
` f
•
• Appr. ed as to Form A d Execution: ' •
'.r t1 ►. E ,. of-1
. A LorenscrI . City Attorney •
•
• Continued on next page-- .
•
:. .E5(hibit i 00 , .
•
i
STATE OF WISCONSIN ) STATE OF WISCONSIN )
, • ) SS.
WINNEBAGO COUNTY )' WINNEBAGO COUNTY ) •
fZ
Personally came before me this -Personally came before me this
. 1/ day of November,2004,the above- day of November, 2004, the above-
named Richard A.Wollangk,City Manager, named Robert C. Anderson, to me •
and Pamela R. Ubrig, 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 j
foregoing instrument,and to me known to be• of toney Beach West, Lt_C and
such officers ,of said corporation, and • ac e,
acknowledged that they executed then
foregoing instrument as such officers as the IA
' 'deed (said corporation,by Its authority.
Notary Public,Winnebago County,WI
r cl • My Commission,
Notary Pub bil Winnebago ry
. . My Commission expires/ts; /— & • .
STATE OF WISCONSIN -. )
• ) SS.
WINNEBAGO COUNTY' ) •
• Personally came before ma this q
day of November, 2004, the above•
names Kathleen M. Lennon, to ma
known to ba the person(s)who executed
, • the foregoing instrument, and to ma r
known to be an officer acting on behalf •
of •ney Beach West, LLC and
• c (edged the -
A
b.
�� ,�� jj
. I
• Notary Public,Winnebago County,WI,
• My Cornmis,sion:t�
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This document drafted by:
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Attorney Lynn A.Lorenson,Asst.City Attorney • , •
Oshkosh,Wi 54902-7130 !
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Exhib`t ® .
'. 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 public 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. .
•
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 coat 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
pescriotion of Premises
• StoneyBeach West Subdivision -
. ' , Lots 1-22 and 1 Outlet(Lot 2,Lot 17 and Outlet I are not assessable)
• , Gibson Court(Includes stub road at approximately station 17+00) •
• 1, Sanitary Sewer(Private Construction) '
• • Estimated Construction Cost S67,806 Private
• 6%Survey and Inspection $ 4,068 Invoice
•
•2. Water Main(Private Construction) • • - ►'
• Estimated Construction Cost $89,476 Private • 3
. •6%Survey and Inspection S 5,369 Invoice
• p.
3. Sanitary and Water Laterals(Private Construction)
• Estimated Construction Coat S23,070 Private
6%Survey and Inspection 5 1,384 Invoice
4. Storm Sewer Laterals(Private Construction)
Estimated Construction Cost 513,620 Private .
• 6%Survey and Inspection S 817 Invoice • ,
5. Storm Sewer(Private Construction) •
• Estimated Consfuctioh Cost $73,977 Private •
• 6%Survey and Inspection S 4,439 Invoice
Exhibit .
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• Page 2 •
. Stoney Beach West Subdivision • .
• . 6. Sidewalk(Public Construction)ASSESS . ' .
Assessment Rate=$20.00 per front foot of each lot •
Includes 6%for inspection and surveying. .
LQt Front Feet Bidewalk Cost Estimate, ,
• 1 292.28 $5,845.60 • '
2 No Sidewalk
• 3 80.24 $1,604.80 •
. 4 65.46 $1,309.20 .•
.5 . 177.82 $3,556.40 40 - .
6 152.22 • $3,044.40 • . • . .
7 40.78 $ 815.60 •
8 47.41 $ 94$.20 .
9 59.46 .. $1,189.20
. 10 60.00 - $1,200:00 .
. 11 59.24 • $1,184.80
12 50.68 $1,013.60
13 44.64 S 892.80 .
14 50.07 $1,001.40
15 54.30 . $1,086.00 ' -
16 50.22 '$1,004.40 •
17 No Sidewalk .
18 .176.27 $3,525,40 •
19 184.96 . $3;699.20
• 20 80.74 $1,614.80 '
21 228.09 • $4,561.80 •
22 290,75 $5,8I5.00 •
Outlot I No Sidewalk • . •
,
. TOTAL 2245.63 $44,912.60 • . • .
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7, Grading and Graveling(Private Construction) ,
Center Line Feet ot`Roadway=1525/Lf. ' •
. • Cost per Center Line Foot = $36/Lf
Estimated Construction Cost $54,900,00
- 6%Survey and Inspection S 3,294.00(Invoice)
• Page3 .
Exhibit I••
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• , , ' . ' ' Stoney Beach West Subdivision
. 8. Concrete Paving(Public Construction—Year 2007)ASSESS
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- • .Center Line Feet of Roadway= 1 525 Lf.
• . Cost per Center Line Foot =$125.00/1f
. Include six(6)Handicapped Ramps 6 x$600.00 C$3,600.00 •
. Estimated City/Assessable portion of the Gibson Court concrete paving,(2782 Fond du Lac Road&
2816 Fond du Lac Road); •
2782,Fond du Lacoad
• 560.69 ft.(total frontage on Gibson Court)-•75 ft,(reduction per City of Oshkosh Assessment
Policy)=485.69 ft, -
F
• 485.69ft x$32,60/If=$15,833.49+$1,900,32(12%Survey,Inspection&Design)=$17,733.81
28I6 Fond du Lac Road •
76ft. -
• 169 75 it (reduction per City of Oshkosh Assessment Policy)=94.76 lf.
94,76if x$32.60/If=$3,089.18+$370.71 (12%Survey,Inspection&Design) _$3,459.89
• Total Estimated Paving Construction Cost:(1525 If x$125/If)+$3,600.00= $I94,225.00
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6%Survey and Inspection $ 11,654,00
6%besign $ 11,654,00
' • Sub-Total . $217,533.00 EE
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,' Less Estimated Assessable Portion for 2782 Fond du Lac Road ' -$ $ 17,733.81
. • Less Estimated Assessable Portion for 2816 Fond du Lac koad -$ $ 3,459.89 • •
,
Total $ 196,339,30 •' j
Lots 1-22,not to include Lot 2,Lot 17 and Outlot 1($196,339.30/201•ts)= $9,81697RotASSESS
3—.Year Letter of Credit for Private Construction=$322,849.00
3--Year Letter of Credit for Public Services=$19,371.00
2—Year Letter of Credit Guarantee After Acceptance of Private Construction=$64,570.00
Note: Per Common Council action(City Resolution#04-168)special assessments for Fading,graveling
• and utilities were deferred without interest for 2782 Fond du Lao Road in the amount of$16,725.24,to-be I.
paid by the Developer of Stoney Beach.West Subdivision as part of the Developers Agreement for that- 1
1
subdivision and to be reimbursed to the Developer or his/her successor.at the time of subdivision of 2782' •.
Fond du Lao Road. `
Signature of Owner:
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Li / • Date 1/0y �r% _r/ ,f&lie'Date/ f .
by: Robert C.Anderson : Kathleen rLennon
Stoney Beach West,LLC Stoney Beach West,LLC
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• • . • 'Exhibit . . . tkoil , i 1 i