HomeMy WebLinkAbout34643 / 87-334 Novemher 5, 1987 It334 RESOLUTION
(CARRIED LOST LAID OVER WITH�RAWN )
PURPOSE: APPROVE DEVELOPER AGREEMENT
INITIATED BY: DEPARTMENT OF PIIBLIC WORKS
BE IT AESOLVED hy the Common Council of the City of Oslikosh that [lie
at[ached Developer Agreement with South Park Oaks� a co-partnership, and the
Developer Agreement with Carousel of Oshkosh, Inc. is hereby approved and the
proper City officials are hereby au[horized and directed [o enter into said
agreemen[.
SUHMITTsu PY ._,_.�__.__.._.---
s rr:
AppROVED
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RPS. #334
DEYELOPER'S AGF6EM&NT
POA PINANCING IMPROYEMENTS
THIS AGR&EHENT is made pursuaat to Sectlon 66.60( 18) oP the
iiisconsln Statutea providing for levying and asaessing t6e cost of
varlous Smprovementa to the property 6erein deacribed .
MHEflEAS, the Commou Council of the City oP Oehkoah approved
initial and final resolutiona pursuant to Section 66.60 of the
Wisconsin Statutea upon executlon and approval of a walver,
executed by the underslgned , or+ner oP property herein tlescribed, of
special assesament noticea and hearing ; and
MHEAEAS, the underalgned owner has heretofore agreed , in
conslderation oP installation of various improvements, to Day the
full cost oP such improvements and related costs tArough apecial
assessment financing pursuant to Section 25-83 and 25-89 of L6e
Oshkosh Municipal Code upoa certiPicatlon by t6e City Hngineer Por
the City oP Os6kosh that aaitl Smprovements 6ave been comDleted � and
WHEREAS, t6e Common Council 04 the CSty oP Oshkosh by reaolu-
tion adopted November 5, 1987 , authorized and directed the proper
City oPPicials to enter inta an approDriate agreement Nith Lhe
undersigned owner to provide for full payment by the undersigaed
ovner oP said lmprovements and related coats;
NON, THEREPORE, IY IS 9EHEHY AGRS2D to by and betveen the City
of OshkosG, a municipal corporation located ia iiinnebago County,
Yisconsia ("CISY") and C4AOUSEL OF OSHH059, INC. (•OANER•) , in
rellance on tCe represeatation and covenants made herein� as Pollows:
1 . Owner covenants and warrants that St is the owner of all
property described as Po11oWS :
A 30 ft. easement in tGe SE 1/4 of the SYI 1/4 of Section 27-18-
16 in the 13t❑ Yard, City oP Oshkosh, Yianebago County,
Nisconsin, xhose centerline is described as Pollous:
Commencing at the sout6west corner of Yenture Drive aad West
South Park Avenue, thence northwesterly N. 52 degrees 41'S6" N.
along the soutAerly line of Venture Drive 170.00 feet, thence
S. 37 degrees 18'04" fl. 125.00 feet � thence N. 52 Aegrees
41'S6" W. 15 feet to the true point oP Deginning � thence S. 37
degrees 18'04" N. 255 feet , thence S. 5 degrees 18'04" M. 188
feet more or less to the north line of West 20th Avenue.
2. Owner has requested installation by C1ty of various
improvements to said property described as follows :
Sanitary Sewer
Nater Mai❑ �
3• City, or 1ts designee , shall cause such improvements to be
installed according to the plans and sDecifications of the City Engineer.
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Res. #334
4. Special assessments may be paid by Owner Sn cash� or in
installments pursuant to Section 25-83 and 25-89 of tLe Oahkosh
Municipal Code Sn xhic6 case auch deferred payments are to bear
interest at the rate oP ten percent ( lOf) per annum o❑ the unpaid
balance. Ovner Sa installing pursuant to authorizatlon of the City�
sanitary sewer, vater main laterals and atorm aewer.
5. Tpe attached ezhibita� acknoNledged by City and Ovner ae
being true and correct, are incorporated by referenee as Sf fully
stated herein.
E%HIHIT "A^ - Maiver of Special Assessment Notices and
Hearing under Section 66 .60 , Wisconsln Statutes
(NOTE: In t6e event Owner desires to inatall a portlon of LRe
various improvements on its oWn, as outlined Sn the above exhibits,
Owner and Clty, having speciPic Common Council authority to do so,
hereby aPfirm aud mutually agree to such terma as contained Sn said
exhibits providing Por develoDer-installed improveoenta . )
6. Ouner, immediately upon voluntary divestiture of title to
any of the properYy 6eretoPore described , shall fully pay t6e
outstandi¢g assessments against the Darticular parcel sub�ect to
divestiture. Divestiture ahall meaa the transfer oP legal title
providing owner does not retain any lien or mortgage interest in
such parcel . Zn the event ovner retains a llen or mortgage
interest in such parcel, t6e assessments shall be paid in Pull
xithin one ( 1) year from t�e date of sale. In the event owner
sells by land contract, the assessments shall be paid i❑ Pull
�ithin one (1) year from tLe date of the land contract.
7. Any refund Which may be due Owner as a result of any
special assessment being in ezcess of the actual amount paid Dy
City for said Smprovements is asaignable by Owner.
8. This Agreement and its attachments, may be recorded at
City's option anC iT so done, ahall serve as Notice oP Lie❑ against
such properties .
IN WITNESS WHfiREOF, the parties heretoPore have caused t�is
Agreement to be signed by the proper persans of each party and
their corporate seals , Sf any , to De hereunto aFPixed .
Dated : November 6 , 1987 .
In the Presence of; CAROUSEL OF OSHROSH� INC .
_____________________________ By '______________________-_
(Witness) Rent A. Rruse � President
______________________________ And :_______________________—__
(Hitness) Tom Shepeck � Secretary
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Res. �334
CITY OP OSHKOSH, a municipal
corporatlan
____-_____-________-_____ By'_-___-_________-__-____
(ititness) Milliam D . Frueh, City Manager
________—___—_—_—_ And :
(fiitness) Donna C . Serwas, City Clerk
STATE OF YISCONSIN )
) SS.
WINNEBAGO COUNTY ) �
Personally came before ae thia day oP ,�
1987, t6e above-named Hent A. Hruse, President, and Tom SEeDeck,
Secretary oP the above named corporation, to me known to De the
persons r6o executed the foregoing Snstrument and ackno�ledged that �
they eaecuted the foregoing Snstrument as aucG officers as t6e deed
oP said Corporation, by its authority .
Notary Public , YSnnebago Co. , Yis .
My Commission: _
STATE OF AISCONSIN )
) SS.
WINNEHAGO COONTY )
Personally came before me t61s _ day of __ _,
1987, the above-named Yilliam D. Frueh� City Hanager and Donna C.
Serwas, City Clerk of the City of Oshkosh, a muaicipal corDOration,
ta me knoun to Ce the Dersons who ezecuted tCe Poregoing instrument,
and to me known Co be such oPficers oP said corporatlon, and acknov-
ledged that they executed tRe foregoing Snstrument as such ofPicers
as the deed of said Corporation, by its authority.
Notary Public � Winnebago Co . � Nis .
Hy Commission: ___________
Approved as to Form and Execution
_________________________________
Narren P . Rraft , Asst .City Attorney
This document drafted by:
Attorney John N. Pence
City Attorney
Oshkosh , WI 54901
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Res. #334
DEVELOPEA �S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGAEEMENT Ss made pursuant to Seetion 66.60( 18) of the
Wisconsin Statutes providing for levying and assessing the cost of
various improvements to the property herein descrlbed .
WHEREAS, the Common Council of the City of Oshkosh approved
Snitial and final resolutions pursuant to Sectlon 66.60 of the
Visconsln Statutea upon execution and approval of a waiver,
exacuted by Lhe undersigned , owner oP property herein described , of
special assessment notices and hearing ; and
NHEHEAS, the underslgned owner has heretoPOre agreed , in
consideration of installatio❑ oP various improvements , to pay tbe
full cost of such improvements and related costa through speclal
assessment financing pursuant to Section 25-83 and 25-89 of tGe
Oshkosh Huniclpal Code upon certification by the City Sngineer for
the City of Oshkosh that said improvements �ave been completed � and
NHEflEAS, the Common Council of the City of Oshkosh by resolu-
tion adopted Novem6er 5� 7987, authorized and directed the proper
City oPflcials to enter into an appropriate agreement with the
undersigned oWner to provide Por Pull 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 Yinnebago County,
. Nisconsin (^CITY") and SOIITH P6RR OABS� A Co-partnership ("OWNER") ,
in relianee on the representation and covenants made herein, as
follows :
1 . Ov�er covenants and varrants tLat it is the owner oP all
property descriDed as follows:
Yenture Drive Prom W. South Park Avenue northwesterly
170 ' for South Park Oaks
2. Owner has requested installation by City of various
lmprovements to said property descrlbed as follovs :
Grading 6 Graveling
Concrete Paving
3. City, or its deslgnee , shall cause such improvements to De
installed according to Lhe plans and specifications of the City
Engineer.
A. Special assessments may be paid Dy Owner in cash, or in
installments pursuant to Section 25-83 and 25-89 of the Oshkosh
Municipal Code in which case such deferred payments are to bear
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Res. #339
interest at the rate of ten percent ( lOf) per annum on the unpaid
6alance. Owner is Snstalling Dursuant to authorization oP Lhe City�
sanitary aewer, water main laterals and storm sewer.
5. T6e attached ezhibite� acknowledged by City and Owner as
being true and correct, are incorporated by rePerence as if fully
stated 6erein .
ERHIBIT •l" - Yaiver oP Special laaeasment Notices and
Bearing under Section 66 .60 , Yiaconsin Statutes
(NOTE: I❑ the event O�ner desires to install a portion oP t6e
various impravements on 1ta own� as outllned in the above exhlbita.
Owner and City, having apecific Commo❑ Councll authority to do ao,
hereby aPPirm and mutually agree to such terma aa contained in sald
exhiDits providiag for developer-installed improvements . )
� 6. Owner, Smmedlately upon voluntary divestiture of title to
any oP the property heretofore descrlbed, shall fully pay t�e .
outstanding assessmenta against the particular pareel sub�ect to
divestiture. Divestiture shall mean tCe transfer of legal Litle
providing owner does aot retain any lien or mortgage Snterest Sn
such parcel. In the event orner retaina a lien or mortgage
interest in such parcel, t6e assessments shall be pald in full
within one ( 1) year from t6e date oP sale. In t6e event owner .
sells by land contract� the assessments e�all De paid Sn full
�ithin one (1) year from Lhe date of the land contract.
7. Any rePund rhich may be due Owner as a result of any
� special asseasment being in excess of the actual amount paid by
City for said improvements is assignable by Ow¢er.
8. This 9greement and Sts attachments, may be recorded at
City's optlon and if so done, s6a11 eerve as Patice of Liea agalast
such properties.
IN HITN6SS WHEPEOF, Lhe parties heretoPOre Gave caused this
Agreement to De signed by the proper persons oP each party and �
thelr corporate aeals � IP any . io be hereuato aPfixed .
Dated : November 6 , 1987 .
In the Presenee of: SOUTH PARR OABS, A CO-PARTNEASHIP
____________--_____—____ ________________________—_—
(Mitness) Richard J. Rempinger
______________________________ __________________________
(Yitness) Pobert L . Yarbro
_____________________________
Gordon H. Decker
_____________________—________
Marlene A. Decker
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Res. }334
CITY OF OSHKOSH� a mualciDal
corporation
_— ______—____ BY'______--____
(Yitness) Ni111am D . Frueh, City Hanager
__—____—_ ____---_ And:_____
(Yitness) Donna C . Serwas, City Clerk
STATE OF WISCONSIN ) .
) SS.
WINNEBAGO COUNTY )
Personally came before me this _day oP ,
1987, the above-nameC Aichard J. Hempinger and Robert L. Sarbro, to
me known to be the persons vho ezecuted the foregoing instrumeat and
acknovledged that they esecuted the foregoing Snstrument.
Notary Public , Yinnebago Co. , Yis.
Ny Commission : _
STATE OF IiISCONSIN )
) SS.
IiINNEBAGO COUNTY )
Personally came before me thls day oP _ _,
1987, Lhe above-named Gordon H. Decker and lfarlene A. Decker, to
me known Co be the persons N6o ezecuted the foregoing instrument and
acknouledged that they ezecuted the Poregoing Snatrument.
Notary PuDlic , Winnebago Co. , Wis .
N.y Commisslon : _____ _
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me L�is ______ day o£ ___________,
1987, the above-named William D. Frueh� City Manager and Donna C.
Serwas� City Clerk of the City of Oshkosh� a municipal corporation.
to me knovn to be the persons xho executed the foregoing instrument,
and to me knou+n to be such officers of said corporation, and acknow-
ledged that they executed the foregoing instrument as such oPficers
as the deed of said Corporation, by its authority.
Notary Public , Ninnebago Co . , His .
This documen[ draf[ed by: My Commission:
A[torney John W. Pence
Ci[y Attorney� Oshkash, WI 3
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