HomeMy WebLinkAbout34624 / 87-313 October 15, 1987 #3i3 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DEVELOPER AGREEME�lT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Developer Agreement with Garry H. Decker, Cheryl Decker and Geraldine
Dodge for the Third Portion of Orchard Lane Estates Plat (Blossom Court) is
hereby approved and the proper City officials are hereby authorized and directed
to enter into said agreement.
SU°RfITTED BY
A?PFOVz'.dY � ��1�^���__
_ Z� _
� � Res. #313
DEVELOPER �S ACAEEMENT
FOR FINANCING IMPROYEMENTS
THIS AGREEMENT is made pursuant to Sectio❑ 66.60( 18) of the
Wisco�sin Statutes providing for levying and assessing the cost of
various improveme�ts to the property herein described .
WHEREAS� the Common Council of the City of Oshkosh approved
i�itial and final resolutions pursuant to Section 66.60 of the
Wisconsin Statutes upon execution a�d approval of a waiver,
executetl by the undersigned , owner of property herein described , of
special assessment ❑otices and hearing ; and
WHEAEAS, the undersigned owner has heretofore agreed , in
consideratio� of installation of various improvements, to pay the
full cost of such improvements and related costs through special
assessment financing pursuant to Section 25-83� antl 25-69 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 resolu-
tion adopted October 14 , 1987 , authorizetl antl directetl the proper
City officials to enter into an appropriate agreement with the
undersigned owner to provide for full payment by the untlersigned
owner of said improveme�ts and related costs;
NOW, THEAEFORE� IT IS HEREBY ACREED to by and between the City
of Oshkosh , a municipal corporatio� located in WinneDago County,
Wisconsin ("CZTY") and Garry H. Decker, Cheryl Decker, and Geraldine
Dodge ("OWNER^) , in reliance on the representation and covenants
made herein, as follous:
1 . Owner covena�ts and warrants that it is the owner of al l
property described as follovs:
Third Portian of OACHARD LANE ESTATES PLAT
2. Owner has requested installation by City of various
improvements to saitl property described as follows :
E�gineering Services :
Sanitary Sewer - Lots 14 ,15 ,16 �17
Water Main - Lots 14 �15 , 16 , 17
Laterals - Lots 14 , 15 , 16 , 17 ,18 �19 ,20 ,21 ,22 ,23
Grading & Graveling- Lots 14-23 ( 10 lots)
Concrete Paving - Lots 14-23 ( 10 lots)
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Res. #313
3• City , or its designee, shall cause such improvements to be
installed according to the plans and specifications of the City
Engi�eer.
4. Special assessments may be paid by Owner in cash, or in
installments pursuant to Sectio❑ 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. Owner is installing pursuant to authorization of the City,
sanitary sewer, water main laterals and storm sewer.
5. The attached exhibits, acknowledged by City and Owner as
being true and correct, are incorporated by reference as if fully
stated herein .
EXHIBIT ^A^ - Waiver of Special Assessment Notices and
Hearing under Sectio❑ 66 .60 , Wisconsin Statutes
(NOTE: In the event Owner desires to install a portion of the
various improvements on its own, as outli�ed in the above exhibits,
Owner antl City , having specific 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, immetliately upon voluntary divestiture of title to
any of the property heretofore deseribed , shall fully pay the
outstanding assessments against the particular parcel subject to
tlivestiture. Divestiture shall mean the transfer of legal title
providing owner does not retain any lien or mortgage i�terest 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 owner
sells by land contract, the assessments shall be paid in full
uithin one ( 1) year from the date of the la�d contract.
7. Any refund uhich may be due Owner as a result of any
special assessment being in excess of the aetual amount paid by
City for saitl improvements is assignable by Owner .
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Res. H313
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 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 .
D a t e d : --------------' 19 87 . .
In the Presence of:
______________________________ ____ ___________________
( Witness) Garry H . Decker
______________________________ ____y_
__________________
(Witness) Cher 1 Decker
________________________________
Geraldine Dodge
CITY OF OSHKOSH , a municipal
corporation
_________'_____'______________ 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
1987 , the above-named Garry H. Decker and Cheryl Decker, to me known
to be the persons who executed the foregoing instrument and acknow-
ledged that they executed the foregoing instrument.
Notary Public , Winnebago Co . , Wis .
My Commission :
___________________
STATE OF WISCONSIN )
) 55.
WINNEBAGO COUNTY )
Personally came before me this _day of
1987 , the above-named Geraldine Dodge� to me known to be the —�
persons
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, _ Res. �311
who executetl the foregoing instrument and acknovledged that 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 �
1987 , the above-nametl William D. Frueh, City Manager and Donna C.
Seruas, City Clerk of the City of Oshkosh, a municipal corporation,
to me k�own to be the persons who executed the foregoing instrument,
and to me know❑ to be such officers of said corporation, antl acknow-
ledged that they executetl the foregoing instrume�t as such officers
as the deed of said Corporation, by its authority.
Notary Public , Winnebago Co . � Wis .
My Commission :
_____________________
Approved as to Form and Execution
_________________________________
Warren P . Kraft , Asst .City Attorney
This document drafted by :
Attorney John W. Pence
City Attorney
Oshkosh , WI 54901
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