HomeMy WebLinkAbout35145 / 88-397 December ] , 1988 # 397 RESOLUTION
(CARRIE� LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DEVELOPER AGREEMENT - T.H.B. INCORPORATED
INITIATED BY: DEPARTMENT OF P�BLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Developer Agreement to be executed by T.H. B. , Incorporated is hereby
approved and the property city officials are hereby authorized and directed to
enter into same.
sUr,^S?:TE'D P.y
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DEVELOPEA ' S AGREEMENT
FOH FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60( 18) of the
Wisconsin Statutes Droviding for levying and assessing the cost of
various improvements to the property herein described .
WHEAEAS, the Common Council of the City of Oshkosh approved
initial and final resolutions pursuant to Secticn 66.60 of the
Wisconsin Statutes upon execution and approval of a waiver,
executed by the then-owners of property herein described , of
special assessment notices and hearing ; antl
WHEREAS , the then-owners had heretofore agreed , in
consideration of installatior. of various improvements , to pay the
full cost of such improvements and related costs through special
ascessment financing pursuant to Section 25-83 and 25-89 of the
Oshkosh Municipal Code upo❑ certification by the City Engineer for
the City of Oshkosh that said improvements have been completed ; and
WHEREAS, at the tSme the uaiver and ori�inal agreement were
executed , George Singstock and Lyle Miller were the owr.ers of record
of the property herein described but have subsequently conveyed and
assigned all obligations , ri�hts , title and interest in the property
hereinafter described to T.H.B., Inc., as owners of record ; and
WNEREAS, the Common Council of the City of Oshkosh by resolu-
tion adopted November 22 � 1985 , authorized antl directed the proper
City officials to enter Snto an appropriate agreement with the then-
owners to provide for full payment b�y the undersigned ouner of said
improvements and related costs and it 1s now expedient to re-execute
and record this agreement with T.H.B . , Inc .; and
WHEREAS, by letter dated March 21 , 1988, a copy of
which is attached as Exhibit "C" and fully incorporated herein ,
T .H.B. , Ine . , agreed to be bound by the terms and conditions of the
previous agreement with the prior owners; and
WHEPEAS, by entering into this agreement, as authorized by
resolution adoptetl December 1 , 1988, by the Common Council , the
parties intend that Lhis document shall supercetle the previous
agreement as it relates to the property as hereinafter described ;
NOW, THEAEFONE, IT IS HEREBY AGREED to by antl between the City
of Oshkosh, a municlpal corporatio� located in Winnebago County,
Wisconsin (^CITY") and T.H.B.� Inc . , a Wisconsin corporation ( "OWNER"J ,
in reliance on the representation and covenants made herein � as
follows :
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1 . Owner covenants and warrants that it is the owner of al l
property described as follows :
T .H .B . The Home Builders subdivision , Gots 5-72 and Outlot 1 ,
easement north of the plat to Witzel Avenue , antl the First Adtlition
to T .N .B . The Home Builders subdivision .
2. Owner has requested installatSon by City of various
improvements to said propertY described as follows :
Sanitary Sewer Water Main
Laterals Crading 8 Graveling
Concrete Paving Storm Sewer
Engineering Services Sidewalks
3. City, or its tlesignee , shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer .
4. Special assessments may be paltl by Owner in cash , or in
inetallments 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 , acknowledgetl bY City antl Ouner as
being true and correct , are incorporated by reference as if fully
stated herein .
EXHIBIT "A" - Waiver of Special Assessment Notices and Hearino
under Sectlon 66 .60 , Wisconsin Statutes ( NOVember 19 , 1985 )
EXHIBIT "B" - Memorandum regarding Improvement Costs for Portion
of 5. Westfield Street included in the Home Builders Subdiv151on
( November 18 , 7985 )
EXHIBIT ^C" - Assumption of Fgreement Lettep (March 21 , 79bb)
EXHIBIT "D" - Memorandum regarding Costs for Financing
Construction for the First Addition to T.H.B. The Home
Builders subdivision (NOVember 28, 1988)
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
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within one ( 1) year from the date of sale. Zn the event ovner
sells by land contract , the assessments shall be paitl in full within
one C1) 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 paitl by
City for saitl improvements is assignable by Owner .
8. This Agreement and its attachments , may be recorded at
City's option and if so done , shall replace any previous agreement
affecting the above described propertles and shall serve as Notice
of Lien against such properties.
ZN WITNE55 WHENEOF , the parties heretofore have caused this
Agreement Lo be signed by the proper persons of each party antl
their corporate seals , if any , to be hereunto affixetl .
Dated : December ____� 1968
In the Presence of: THB , Inc .
__________________________
'_'_'_______________""_____
( Witness ) Frederick J . Sperling , president
______________________________ ____'____
(Witness ) Grace G . Sperling , secretary
CITY OF OSHKOSH , a municipal
corporatSOn
""'__ BY ' '______
( Witness ) William D . Frueh , City Manager
______________________________ And : ___________ _________
(Witness ) Donna C . Serwas , City Clerk
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this _______day of ,
1988, the above-named Frederick J. Sperling and Crace G. Sperling
to me known to be the persons who executed the foregoing instrument
and acknowledged that they executed the foregoing instrument.
Notary PuDlic , Winnebago Co . , Wis .
My Commission : ___________________
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STATE OF WISCONSIN )
) SS.
WINNEBAGO COONTY )
Personally came before me this tlay of �
1988, 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 acknow-
ledged that they executed the foregoing instrument as such officers
as the deed of said Corporatlon , by its authority.
____________________________________
Notary Public , Winnebago Co . , Wis .
F+.y Commission :
____________________
Approved as to Form and Execution
_________________________________
Warren P . Kraft , Asst .City Attorney
Th1s document drafted by :
Attorney John W. Pence
City Attorney
Oshkosh , WI 54901
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WAIVEF OF SF£CIAL ASSeSSMENT NOTICES ANG
HEAFING UNDEfi Scr7IpN 66. 00� WISCONSIN STAT�TES
' The undersigned , awner af praperty Genefited by •the
following improvements to he made by the city of OshV:osh �
Winnehago County� state of Wis�onsin � t❑ wit:
SANITARV SEWEk� WRTEF MAIN� LPTEFALS, GkADING ?< GFAVELING�
STOFM SEWER� 9.< CONC'nETE FqVING
In consideration of the construction of saitl improvements 6y
the city of Osh4:osh� Wisconsin � I hereGy admit that such p��.blic
improvem?nt will Genefit said property and consent to the levying
cf special assessments against the premises under Section 66. 60
of the Wiscansin Statutes for the cest of such improvements. In
accorde.nce with Section 66. 60 ( 18) of the Wisconsin Statutes, I
hereby waive all special assessment notlres and hearings required
6y Section 66. 60 of the Wisconsin Statutes; and i further agree
and aCmit that the henefit of my property fram the construction
of such improvements is in propartion to the footage thereof :
pFSC,_ietion of F'remises
T.H. E. Tne Home Euilders Subtlivision �
easement n. o{ plzt to Wit=e1 , and
future lats on west side of street
FENEFITS DAMHGES
_ Sr?NITaFY SE41EF te6�740. 1U NONE
WATEF MAItJ 225,=n9. On NONE
L..:?TEF_�jLS ( 12) k 6,2:_�. ii4 NONE
STOF'M SEWEF :F 6,S_�4. -V NONE
6RPgI_NG °< GRRVELING S17,u45. V0 NONE
CONCFETE F'aVING SSS�c.9G. u0 NONE
.
Signafure of Cwner �_r]__� . ��t_�______
___ ____
GEOnG o �165TGCY-:
Street Address Yo
_ ___ ______________
�_ t,- __ c�z�,�z4,-�?�--�5° � ----- ----
Siynature cf Gwner ��„(,_!�(/'/1[/�_'_____"
_"_ 1" _______
�YLE PI:LLE7
S+_reec Address �E�1 � (�C/, � -
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Exhibit A
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Too John Pence� City Attorney 'L-
From: Gerald Konrad� Director of Fublic Works �
Date: November 18� 198�
5ubject: IMF�OVEMENT COSTS F�F FOFTION OF S_WESTFIELD STREET
INCLUDED IN THE HOME BUILDEkS SUEDIVISION
________ __ ___ ____ ___'____ ___________
Listed below is the breakdown of costs for this portion of 5.
Westfield Street. The east side of the street is in The Home
Euilders Subdivision ( 12 proposed lots) and the costs are broken
down by lot. The casts for the west 1/2 of the street are in 1
total � to 6e divided down when that portion is platted.
Sanitary Sewer .
Construction 7ota1 325�226.50
Engineering 6% 1 �513.60
_______________
#26�740. 10
West side of street= 513,370. U5
East side of street= 13�370.05/1^c= 31 � 114. 17/lot
Water Main
Construction Total Y23�876.00
Engineering 6% 1 �433. OV
325�309. 00
West side of etreet= 512�654.00
Eaet side of street= 512�654.U0/12= #1 �054. 50/lot
Laterals
Construction Total $ 5,880.00
Engineering 6% 353.00
S 6�233.00
West side of street - no lakerals were installed
East side of street= £ 6,233. �)0/1�= 2 519. 42/lot
Storm Sewer
Constructon Total R 8�534.30 .
West side of street= % 4�267. 35---
East side of street= � 4�267. 15/12= � 355. 60/lot
Grading & Grayeling
Construction Total #16,U80. QV .
Engineering 6% # 965. 00
417�045.00
West side of street= • # B�J7Z�JV
East side of street= 3 8,522. 5�)/12= � 730. 21/lot
��f Exhibit B
Concrete Faving
Construction Total #52�260. Ou
6% Engineering S 3� 136. GG
#55�396.00
West side af street= 527�698,00 �
East side of street= �27�698. OU/12= t2�308. 17/lot
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T. H. B. , Incorporated D � � � O U � D
2395 BGWEN STREET
OSHKOSH, WISCONSIN 54901 �,R Z � �g�
(914) 233-2116
CITY Cs!`_S OFFIGE
Ms. DOHI�A SEIaVAS, City Cl.erk ---"'
Oshkosh City HalJ
Oshkosh, Wisconsin 54901 March 21st, 1988
Dear Ms. Secwas:
• lhis letter is to inform you thar the above named corporation
has been re-organized as follo�s: . �
�}iAREEiOIDERS
Mr. Fredrick J. Sperling 99 Shares �
Mrs. Grace G. Sperling 2 Shares
� . 1618 W. Sth Ave. Oshkosh, WI 54901
Mr. Steven (N) Karlovics 99 Shazes
36355 W. Highway 41
GUrnee, iL 60031 �
� 1Y�ere aze no other issued shares of stock. These shares had
been in the name of George N. Singstock and Lyle B. Mi11er.
1he co[porate record book reflects the change as outlined
above.
As per your request the undersigned agrees that this corporation
agcees to be bowid by the terms of Deve].opers Agreement which
was entered into by the individuals indicated in paragraph 2
of this letter.
Hoping this letter will satisfy your need and suggesting that
we will be happy to supply your office with whaEVer else m3y
6e required.
Very truly yours,
�:.k ' ^ �. � . '
Fr ick J. Sperl�g
President and Ch3ef Operatin Officer
FJS/bb ����I�� �D
L
��,�,7 2 1 ±
CTTY AT'PORIVEY'S
n�^rrE
Exhibit C
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R�CEIV�p
MEMO I�:,��';i Z v 7^n
, '„�
'ro: warren Rraft, Assistant City Attorney `'ITy ,41,�,�R,�tE
From: Edward Potempa QFFj�.E y�S
Date: November 28, 1988
Subject: 1ST ADDITION TO HOME BUILDERS SUBDIVISION AGREEMENT
The First Addition to Home Builders Subdivision includes 12 lots
(LOts 13-24) on the west side of So. Westfield Street, north of
the Westgate Subdivision. The east side of the street was
developed in stages, as follows:
1. North line of Lot 16 of Westgate Subdivision north 185
feet under subdivision agreement with Lyle Miller and
George Singstock
Sanitary sewer and water main were installed undec
change order to city contcact 85-06. Laterals (4) were
installed undec change order no. 1 to city contract 85-
16.
2 . From 165 feet north of the north line of Lot 16 of the
Weatgate Subdivision to the north end of cul-de-sac in
the Home Builders Subdivision
All utilities were installed under city contcact 85-20 .
The following is a bceakdown of the utility costs to be used in
writing the subdivision agceement:
SANITARY SEWER
1 . Unplatted land on west side (code no.
6-1156) under first stage development 51,720.44
2. One-half of construction cost undec
contcact SS-20 513 ,370.04
Total Coat 515,090.48
Coat/LOt� 515,090 .48/12= 51 ,257 .54
WATER MAIN
1 . Unplatted land on west side (code no.
6-1156) undec first stage development 52,713 .56
2 . One-half of construction cost under
contract 85-20 512,654.00
Total Cost � 515,367.56
Cost/LOt= 515 ,367.56/12= 51,280 .63
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1 Exhibit "D"
LATERALS
Sanitary latecals were only installed to Lots 22 and 24
undec change ocder #1 to contcact 65-16 .
Unit cost = $460 .00 + 68= 5987.60 �
Therefore, costs are:
Lot 22 = 5487 .60
Lot 24 = 5487 .60
All cemaining lots have no existing latecals. These will be
put in under a city contract in 1989. Estimated costs per
lot are shown.
Lots 12-21, 23 = 5700
STORM SEWER
Assessment is based on feontage at building line plua cost
of rear yard dcains and storm latecals. Cost of laterals is
an estimated amount .
Assessment = Frontage cate + reax dcains + storm latecals
= 914.28(SS/ft.) + 0 + 12 (250)
= 54,571 .40 + 53 ,000
= 57,571 .40
Cost/LOt= 57,571 .40/12= 5630 .95
GRADING � GRAVELING
1 . Unplatted land (code no . 6-1156) on west
side undei first 185 fooG extension 5 1 ,850 .04
2. One-half of construction cost
opposite Home Buildecs Subdivision S 8,522.52
Total 510 ,372.56
Cost/LOt = 510,372 .56/12= 5864.38
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CONCRETE PAVING
1. Unplatted land (code no. 6-1156) on
west side under firat 185 foot extension S 6,166.56
2. One-half of construction cost
opposite Home Builders Subdivision 327,698.04
Total 533,864.60
Cost/LOt = 533 ,864.60/12= 52 ,822 .05
SIDEWALR
Lot 13 - 5603 .75
Lot 14 - 5803 .75
Lot 15 - 5638.75
� Lot 16 - 5638.75
Lot 17 - 3638.75
Lot 18 - 5638.75
Lot 19 - 5639 .99
Lot 20 - $650. 47
Lot 21 - 5644. 49
Lot 22 - 5563. 84
Lot 23 - 5560 . 87
Lot 24 - 5560.87
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