HomeMy WebLinkAbout35093 / 88-331 October 20, 1988 #33] RESOLUTION
(CARRIED LOST LAI� OVER WITHDRAWN )
PURPOSE: APPROVE DEVELOPER AGREEMENT - OAK GROVE PARK
]NITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Developer's Agreement for Financing Improvements is hereby approved and
the proper City officials are hereby authorized and directed to enter into same.
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. ' Res. #331
DEVELOPER ' S AGREEMENT
FOF FINANCING IMPROVEMENTS
THIS ACFEEMENT is made pursuant to Section 66.60( 18) of the
Wisconsin Statutes providing for levying antl assessing the cost of
varlous improvements to the property herein described . �
WNEREAS, 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 undersigned , owner of property herein descrihed , of
special assessment notices and hearing ; and
WHEREAS, the undersigned owner has heretofore agreed , in
consideration of installation o: varicus improveme�ts , to pay the
full cost of such improvements and related costs through special
assessment financing pursuant to Section 25-83 and 25-89 of the
Oshkosh Municipal Code upon certification by the City Engineer for
the City of Oshkosh that said improvements have Deen completed ; and
WHEREAS , the Common Council of the City of Oshkosh by
resolution adopted October 20 , 7988� authorized and
directed the proper City officlals to enter into a❑
appropriate agreement uith the undersigned ow�er to provitle
for full payment by the undersigned owner of said
improvements and related costs;
NOW, THEPEFORE, IT IS HEREBY AGREED to by and between the City
of Oshkosh , a municipal corporation located in Winnebago County ,
Wisconsin ("CITY") and Oak Grove Corporation of Oshkosh
("OM'NER") , in reliance on the representation and cove�ants made
herein , as follows:
1 . Owner covenants and warrants that it is the owner of al l
property described as follows :
FIRST ADOSTION TO CAK GF04P pARK
2. Owner has requested installation by City of various
improvements to said property described as follows :
Sanitary Sewer Water Main
Grading & Graveling Laterals
Concrete Paving Conerette Sidewalk
Storm Sewer 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. Speclal assessments may be paid by OWner in cash , or in
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Res. #331
installments pursuant to Section 25-83 and 25-89 oS the Oshkosh
Municipal Code in which case such deferred payments are to bear
interest at the rate of ten percent ( 10$) per annum o❑ the unpald
bala�ce .
5• The attached exhibits , acknowledged by City and Owner as
being true antl correct , are Sncorporated by reference as if Fully
stated herein .
EXHIBIT "A" - Waiver of SpecSal Assessment Notices and
Hearing under Sectio❑ 66 .60 , Wisconsin Statutes
( NOTE : In the event Owner desires to instal l a portion of the
various improvements on its own , as outlined i❑ the above exhibits ,
Owner and City , having speeific Common Council authority to do so,
hereby affirm and mutually agree to such terms as contained in said
exhibits providing for developer-installed improvements . )
6 . Owner, immediately upon voluntary tlivestiture of title to
any of the property heretofore described , shall fully pay the
outstanaing assessments against the particular parcel suDject to
dlvestiture. Divestiture shall mea❑ 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
within one ( 1) year from the tlate of sale. In the event owner
sells by land contract , the assessments shall be paid in full
within one C1 ) year from the date of the lantl 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 against
such properties .
IN WITNE55 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 afPixed .
Dated : __________________� 1988 .
In Lhe Presence of: OAK GROVE COFPORATZON
OF OSHKOSH
'____________________________._ ________.________________________
(Witness) Stuart C. Strey , President
______________________________ _______
(Witness) Leo A . Muza , Secretary
cont 'd . ---
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Res. #331
CITY OF OSHKOSH , a municipal
corporation
______________________________ BY ' _______________
(Witness) William D . Frueh , City Manager
_____ __________ _ And : _____________________________
( Witness ) Donna C . Sereas , City Clerk
STATE OF WISCONSIN )
) 55 .
WINNEBAGO COUNTY )
Personally came before me this day of
______________, 1988, the above-named Stuart C . Strey ,
president and Leo A. Muza , secretary , �oth of Oak Grove
Corporation of Oshkosh , to me known to be the persons who
executed the foregoing instrument and acknowledged Lhat they
executed the foregoing instrument.
Notary Public , Winnebago Co . , Wis .
My Commission : ______
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this ______ day of _______________,
1988, the aDOVe-named William D. Frueh , City Manager and Donna C .
Serwas , City Clerk of the City of Oshkosh , a municlpal 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 Lhe deed of said Corporation , by its authority.
Notary Public , WSnnebago Co . , Wis
My Commission : _________________
Approved as to Form antl Execution
_________________________'_______.
Warren P . Kraft , Asst .City Attorney
This document drafted by :
Attorney John W. Pence
City Attorney
Oshkosh , WI 54901
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Res. N331
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
9EARING UNDER SECTION 66.60, WISCONSIN STATUTES
The undersigned , owner of property benefited by the
Eollowing improvements to be made by the city of Oshkosh,
Winnebago County, state of Wisconsin, to wit: �
SANITnRY SEWER, WATER MAIN, SANITARY 6 WATER LATERALS,
GRADING S GRAVELING� CONCRETE PAVING� SIDEWALRS, STORM SEWER
In consideration of the construction of said improvements by
the city of Oshkosh, Wisconsin, I hereby admit that such public
improvement will benefit said prope[ty and consent to the levying
of special assessments against the pcemises under Section 66.60
of the Wisconsin Statutes foc the cost of such improvements. in
accocdance vith Section 66.60 (18) of the Wisconsin Statutes, I
hereby aaive all special assessment notices and hearings zequiced
by Section 66.60 of the Wisconsin Statutes; and I Purther agree
and admit that the benefit of my propecty fzom the construction
of such impcovements is in pcoportion to the footage thereof:
Description of P[emises
FIRST ADDITION TO OAR GROVE PARR
(20 lots)
SANITARY SEWER
(LOts 9 th[ough 26)
Total Estimated Constcuction
Cost Includ. 88 Eng .=S47,815
COST PER GOT = 52�390.75
WATER MAIN
(LOts 9 thcough 28)
Total Estimated Const[UCtion
Cost Includ. 88 Eng .=S52,230
COST PER LOT = 52�611 .50
SANITARY SEWER 6 WATER LATERALS
(LOts 9 through 28) �
COST PER LOT = S 595.00
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Res. N337
GRADING 6 GEUIVELIl7G
(dIG9 OAR DRIVE ONLY)
(LOts 30-15, 17-22) �
Total Estimated Construction
Cost Includ. 88 Eng .= 315,552 �
COST� PER LOT = 51�555.20
CONCRETE PAVINC�
(8IG6 OAR DRIVE ONLY)
Lots 10-15� 17-22
Total Estimated Constcuction
Cost :nclud. 88 Eng .=S3',C00
COST PER LOT = 53�700.00
SIDEW11LR5 - Lots fronting
on 6IGH OAR DRZVE ONLY
Lots 10-15, 17-22
COST PER LOT = S 927.50
STORM SEWER
Lots 9 thcough 28
(Includes fcontage assessment,
rear dzains, s storm latecals)
[6 lotsl = 320,701.55
COST PER LOT = 51�035 .08
Signatuce of Owners:
OAR GROVE CORPORATION OF OSHROSH
PRESIDENT: STOART C. STREY SECRETARY: LEO A. MUZA
Date: Date:
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