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Home My WebLink About35406 / 89-113 June I , 1989 #113 RESOW�ION (CARRIED LOST LAID OVER WITHDFlRWPI ) PURPOSE: APPROVE DEVELOPER AGREEMENT INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into an appropriate �eveloper's Agreement for Financing Improvements with Thomas N. Rusch and Richard L. Gabert, developers of the Second Addition to Pox Chasc PIaL. ---� SUBMITTED HY APPc�OVF.D �j"�"�`'�J - 23 - Res. #11? DEVELOPER�S AGREEMENT FOR FINANCING IMPROVEMENTS THIS AGREEMENT is made pursuant to Section 66.60(18) of the Wisconsin Statutes providing for levyin9 and assessing the cost of varioua 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 Wiscon- sin 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 Consider- ation of installation of various improvements, to pay the full cost of such improvements and related costs through special assessment financing pursuant to Section 25-a3 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 June 1, 1989, authorized and directed the proper City offi- cials 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, Wiscon- sin ("CITY") and Thomas N. Rusch and Richard L. Gabert ("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: SECOND ADDITION TO FOX CHASE PLAT (Lots 32-102) 2. owner has requested installation by City of various improve- ments to said property described as follows: Sanitary Sewez Water .M.ain Sanitary & Water Laterals Grading & Graveling Concrete Paving Storm Sewer Sidewalks Engineering Services 3 . City, or its designee, shall cause such improvements to be installed according to the plans and specifications of the City Engineer 4 . Special assessments may be paid by owner in cash, or in installments pursuant to Section 25-83 and 25-89 of the Oshkosh Muni- cipal Code in which case such deferred payments are to bear interest at the rate of ten percent (lo&) per annum on the unpaid balance. 1 23a - RES. $113 5. The attached exhibit, acknowledged by City and Owner 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 66.60, Wisconain Statutes , 6. Owner, immediately upon voluntary divestiture of title to any of the property heretofore described, shall fully pay the outstanding assessments against the particu�ar parcel sub�ect 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 mort9age 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 aqainst 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: , 1989. In the Presence of: (Wltness) Thomas N. Rusch Wi nesa) Ric ar L. Ga er CITY OF OSHKOSH, a municipal corporation By: Wi nesa) Wi am D. Frue , C1 y Manager And: Wi ness) Donna 0. Serwas, City C er 2 Continued ---- - 23b - REs. N713 STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 1989, the above-named Thomas N. Rusc�e known to—be the person who executed the foregoinq instrument and acknowledged the same. Kotary Public, Winnebago Co. , Wis. My Commission• STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personallx came before me this day of , 19s9, the above-named Richard L. Gabert to me-�n to be the person who executed the foregoing instrument and acknowledged that he executed the foregoing instrument. Notary Public, Winnebago Co. , WI My Commission: STATE OF WZSCONSIN ) ) SS. WZNNEBAGO COUNTY ) Personally came before me this day of 1989, the above-named William D. Frue , City Manager a— n�na C. Serwas, City Clerk of the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the fore9oing 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. . No!ary Public, Winnebago Co. , 57is. My Commission: Approved as to Form and Execution Warren P. Kra t, Ass .City Attorney This document drafted by: Attorney John W. Pence City Attorney Oshkosh, WI 54901 3 - 23c - � EXHIBIT "A" REs. #113 ��CE/V�D Mqy3 � m�� WAIVER OF SPECIAL ASSESSMENT NOTICES AND �-�1l'j+ HEARING UNDER SECTION 66 .60 � WISCONSIN STATUTES 0 TTO�EN � S The undecsigned , owner of propecty benefited by the �llowing improvements to be made by the city of Oshkosh, Winnebago Count'y, state of Wisconsin� to wit: SANITARY� SEWER� WATER MAIN� SANITA�RY SEWER 6 WATER LATERALS� STORM SEWER� GRADING & GRAVELING� CONCRETE PAVING� CONCRETE SIDEWALR In consideration of the construction of said improvements by the city of Oshkosh, Wisconsin, I hereby admit that such public improve- - ment will benefit said property and consent to the levying of special assessments against the pcemises undec Section 66.60 of the Wisconsin Statutes for the cost of such impcovements. In accordance with Section 66.60 (18) of the Wisconsin Statutes , I heceby waive all special assessment notices and hearings required by Section 66.60 of the Wisconsin Statutes; and i further agcee and admit that the benefit of my propecty from the construction of su.ch improvements is in propoction to the footage thereof: Description of Premises SECOND ADDITION TO FOX CHASE PLAT (LOTS 32 - 102) (71 LOTS) BENEFITS SANITARY SEWER Costs based on Contcact 89-09 prices Constcuction cost = 5100 ,391 .65 88 Engineering= 8,031 .03 Total Cost 5108,922 .68 Cost/Lot = 5108,922 .68/71 = 51,527 .08 SANITARY ¢, WATER LATERALS Costs based on Contract 89-09 prices Construction cost = S 42 ,360 .00 88 Engineecing = S 3 ,388 .85 Total Cost = S 45 ,748 .85 Cost/LOt = 545 ,748 . 85/71 = 5644.35 ?3d - 1 Res. k113 44ATER MAIN Cost based on contcact 89-09 pcices 10" and 12" main assessed at 8" costs Construction Cost = 596, 880 .00 88 Engineering = S 7 ,750 .40 ' Total Coat = 5104,630 .90 Cost/Lot = 5104,630 .40/71 = 51,973 .67 . STORM SEWER Cost based on contcact 89-09 prices Developer Cost = Asses9ment + Rear Yard Drains & Sto[m Laterals Assessment = SS x front footage as measuced at building setback line (25 ' ) = 55 x 57 ,226 .62 = 536,133 .10 � � Rear yard drains (3 inlets plus leads) Construction Cost = 56 ,208.00 86 Engineering = S 496 .69 Total Cost = 56,704.64 Stocm Latecals 6" stocm lateral provided to all lots except those which can connect to� rear yard drains Construction Cost = 511 ,480 .00 88 Engineecing = S 918.40 Total Coat = 512,398.40 Total Developer Cost = 536,133 .10 � 5 6 ,709 .64 512 ,398.40 555 ,236 .19 Cost/LOt = 555 ,236 .14/71 = 5777 .97 - 23e - 2 REs. #713 GRADING ¢, GRAVELING Includes WINDHURST from Wah Wah Taysee to So . Oakwood , WAH WAH TAYSEE WAY , FOXTAIL LANE, BERNHEIM STREET, and MONTCLAIR PLACE fcom Mecewocth Couct west to end of plat � (lots 41 - 102 only) (West 20th Avenue not included) � Approximate length = 3 ,920 feet Estimated Construction Cost = 570 ,560 88 Engineering = S 5,645 _ 'i'ctal Cost � g76 ,205 Cost/LOt = 576 ,205/62 � 51 ,229 .11 CONCRETE PAVING Includes same streets as Grading 5 Graveling (Weat 20th Avenue not included) Lots 41 - 102 only Estimated Construction Cost = 5235 ,225 .80 88 Engineering = S 18,818.06 Total Coet = 5254,043 .86 Cost/LOt = 5259 ,043 . 86/62 = 54,097 . 48 SIDEWALRS � Assume sidewalks cequiied on all streets . � Distribute total cost equally among all lots . Estimaied Constcuction Cost = "vo'S,CCC Cost/LOt = 565,000/71 � � = 5915 .49 Signat e of W[�� 1l i / THOMAS N. U CH RICHAR� . GAB �RT Date: �" 4 Date: _��l � �[� - 23f - 3 c� - � a � > 'o av m A -I ]J r lD T 'S • Y. O O O �n Z X � �4 O •� � .. 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