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Home My WebLink About34938 / 88-144 July 7, 1988 #144 RESOLUTION (CARRIED LOSi LAI� OVER WITHDRAWN ) PURPOSE: APPROVE �EVELOPER'S AGREEMENT/KAITLYNN SUBDIVISION INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshksoh that the attached Developer's Agreement for Kaitlynn Subdivision is hereby approved and the proper City officials are hereby authorized and directed to enter into same. SUBNITTED HY . APPROVED �i��/"W'/� - 31 - � , RESOLUTION #144 DEVELOPER 'S ACAE6MENT FOR FINANCINC IMPAOVEMENTS � THIS AGREEMENT Ss made pursuant to Sectlon 66.60( 18) of the Wisconsln Statutes and Section 30-70(A)(2) of the Oshkosh HunlciDal Code providing for levying and assessing the cost of various improvements to the Droperty herein described . WHEREAS, the Common Council of the City of Oshkosh xill be asked to approve initial and final resolutions pursuant to Sectlon 66.60 of the Nisconsin Statutes upon executlon and approval of a waiver, executed by the underslgned , owner of property herein des- cribed , of special assessment notices and hearing; and WHEREAS, the underslgned owner by this instrument ia agreeing� in consideratlon of installation of various improvements , to pay the full cost of such improvements and related costs through private financing , or through special assessment financing pursuant to Section 25-83 and 25-89 of the Oshkosh Municlpal Code upon certification by the City Engineer for the City of Oshkosh that said improvements have been completed; and .. _. . WHEPEAS, the undersigned ovner has filed a bond meeting the approval of the City Attorney or a certified check or letter of credit in an amount equal to the estimated cost of the improvements for Phase One; and WHEREAS, the Common Council of the City of Oshkosh by resolution adopted July 7 , 1988, authorized and directed the proper City officials to enter into an appropriate agreement with the under- signed owner to procide for full payment by the undersigned owner of said improvements and related costs� NOW, THEREFORE, IT IS HEREHY AGREED to by and between the City of Oshkosh, a municipal corporation located in Winne6ago County, Wisconsin ("CITY") and Rurt Koeppler ("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 : KAITLYNN SUBDIVISION� LOTS 1 -33 2. Owner has requested installation by City oF various improvements to said property descrlbed as follows : Phase One : Lots 1-13 and 30-33 Staking and Inspection Services Concrete Paving Sidewalk ��, - 31a - RESOLUTION #144 Phase Two: Lots 14-29 Englneering Services Storm Sever . Sanitary Sewer Grading 6 Graveling . Nater Main Concrete Paving Laterals Sidewalk 3• City� or its designee , ahall cause such improvements to be installed according to the plans and specificatlons oP the C1ty Engineer. 4. Special assessments, if utilized , may be paid by Owner in cash, or in installments pursuant to Section 25-83 and 25-89 of the Oshkosh Municipal Code in Which case auch deferred payments are to bear interest at the rate of ten percent (10;) per annum on the unpaid � balance. Owner is installing pursuant to authorization of the City, sanitary sewer, water main and laterals, storm aewer and grading and graveling for Phase One of development, and has complied xith Section 30-70(A)(2) oP the Oshkosh Munieipal Cotle. 5. The attaehed ezhibits,� acknowledged by City antl Owner as being true and correct� are Sncorporated by reference as if fully stated hereln . EXHIBIT "A" - EAHIBIT �^B^ - 6. Owner, immediately� upon voluntary divestiture of title to any of the property heretofore described , shall fully pay any outstanding assessments against the particular 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 mortgage interest in such parcel , the assessments shall be paid in full within one ( 1) year from the date of sale. In the event o:+ner sells by la�d contract , the assessments shall be paid i❑ Full within one ( 1) year from the date of the land contract. 7 . Owner shall provlde either a letter of credlt or an executed waiver ot special assessment notice and hearing for phase two development prior to any voluntary divesture of title to Lots 14-29 . 8. Any refund whSch 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 . � 9• Owner shall comply with the appropriate provislons of � Article XV, Chapter 30, Subdivision Provlsions , of the Oshkosh Municipal Code Sn the development of this subdivision . - 31b - RESOLUTION #744 � 10. This Agreement and Sts attachments, may be recorded at �� City's optio❑ antl 1f eo done, shall serve as Not3ce of Lien against ��.,'r�� such properties . �� IN NITN6SS NHEAEOP � Lhe parties heretofore 6ave caused this � �+ �.� Agreement to De signed by the proper persons of each party and - their corporate seals , if any , to be hereunto afPlzed . Dated : ----------------' 1988. �`�,; ' Z3rr In the Presence of: .,,��. �`: '_________________________ _____________'_______'_______ ,-;ry (Witness) Rurt %oeppler i,�- :� ____________—________�Nitness) :',�+�'- CITY OF OSHKOSH, a municipal �;e�� corporation . .__ . .:�3: ____ HY._______ ______ ��:5�. � --___------------_--(Witness) Nilliam D . Frueh , C1ty Manager :�., And :__ _______—___— ______— � (Witness) Donna C . Servas, City Clerk �� STATE OF WISCONSIN ) ) SS . WINNEBAGO COUNTY ) � Personally came before me this _______day of _____________, 1988, the above-named Kurt Roeppler to me known to be the person xho executed the foregoing instrument and acknowledged that they executed the foregoing instrument. _________—_______________________ Notary Publie , Ninnebago Co . , Nis . My Commission: __________________ STATE OF WISCONSIN ) ) SS. WINNEBACO COUNTY ) Personally came before me this ______ day of ______________. 1988, the above-named William D. Frueh , City Manager and Donna C. Serwas, City Clerk of the C1ty of Oshkosh, a municipal corporation, to me known to De - 31c - � RESOLUTION #144 the persons who executed the foregoing Snstrument� 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 . Notary Public , WSnnebago Co . , Nis . My Commission: __________________ Approved as to Form and Executio❑ _________________________________ Warren P . Kraft � Asst .City Attorney This document drafted by: Attorney Joh❑ N. Pence City Attorney Oshkosh � WI 54901 � I i - 31d - ' ' EXHIBIT A RESOLUTION #144 ESTIMATED COST OF IMPROVEMENTS FOR RAITLYNN PLAT� LOTS 1 THRU 13 & LOTS 30 THRU 33 ♦ Concrete Pavina 546 ,525 �. Cos� Per Lot = 546,525�17 = 52 ,736 .76�Lot �� Concrete Sidewalk �; Lot 1 = 51 ,753 .66 .;.':°,�J, Lot 2 = S 812 .08 Lot 3 = S 836 .83 ,��:-�:: Lot 4 = 5 765 .97 �-�� Lot 5 = S 721 .25 �--�' Lot 6 = S 721.25 Lot 7 = S 720 .26 Lot 8 = S 320 .96 9� Lot 9 = S 346.45 �� Lot 10 ' = S � 334.08- � - Lot 11 = 5 341 .17 Lot 12 = 5 800 .20 Lot 13 = 32,041 .25 Lot 30 = 51,959.00 Lot 31 = S 820 .50 Lot 32 = S 829 .66 Lot 33 = S 764 .48 Stakina & Inspection Services � 48 of total costs of all impcovements including pcivately installed work . NOTE: The above charges are estimates only based on the best informatio❑ available at the time of the execution of this agreement. Actual costs will be determined when and if Owner chooses to utilize special assessment financing through the City. - 31e - I . - ' � EXHIBIT B � - RESOLUTION #144 ESTIMATED COST OF IMPROVEMENTS FOR RAITLYNN PLAT LOTS 14 THRU 29 Sanitarv Sewer �� , 518 ,400 .00 ��, S 1,472 .00 (88 Engineecing) 519,872 .00 Cost/LOt = 519,872 .00/16 = 31 ,242 .00 Water Main � $26,280 .00 S 2,102.40 (8� Engineering) 528,382 .40 'COSt/LOt = 528,382 .40/16 = 51 ,773 .90 Laterals 514,000 .00 S 1,120 .00 (88 Engineering) 515 ,120 .00 Cost/LOt = 515,�120 .00/16 = 5945 .00 Gradina & Gravelina $19 ,750 .00 S 1,580 .00 (88 Engineecing) . 521 �330.00 Cost/Lot = 521 ,330 .00/16 = 51 ,333 .13 Concrete Pavina . 563 ,100 .00 S 5,048.00 (88 Engineeringl 568,148 .00 Cost/LOt = 568,148.00/16 = 54,259 .25 Storm Sewer S 9,903 .95 Cost/LOt = 59,903 .95/16 = 5619 .00 - 31f - � � RESOLUTION #144 Concrete Sidewalk - Lot 19 = 52,041.25 Lot 15 = S 762.50 Lot 16 = S 762 .50 Lot 17 = S 742 .95 Lot 18 = S 740 .80 � Lot 19 = S 762.50 Lot 20 = S 762 .50 Lot 21 = 52,041 .25 Lot 22 = 52 ,041 .25 Lot 23 = S 816 .70 Lot 24 = S 335 .98 Lot 25 = 5 347 .77 Lot 26 = � S 352.15 Lot 27 = S 340 .02 Lot 28 � � _- S 813 .32 Lot 29 = &2 ,041.25 NOTe: The .above charges are estimates only based on the best information available at the time of the execution of this agreement. Actual costs will be determined whe❑ and if Owner chooses to utilize special assessment financing theough the City. - 3�9 - i� v) .� , ;� � � v E N W i m 6 C h O t � � a � n > � N ° '� o w -v aia m o > > > m aa v � rn a o � � .. a v � _ .. o yk > >+ n �H O y � d. N 4 m � O Q K 6 Y "J f U �;