The URL can be used to link to this page

Home My WebLink About34586 / 87-271 September ll, 1987 IF271 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PUIZPOSE: APPROVP: D�VGLOPER AGREEMENTS INITIATED BY: DEPARTPVNT OF PIIBLIC WOAKS Bti IT R�SOLVE� by the Common Council of the City of Oshkosh that the at[ached Developer Agreement with Thonas N. Rusch and Richard L. Gaberi for Windsor Green Subdivision, Lots l, 4, and Dweloper Agreement with Kurt Koeppler for Alexandra Subdivision, Lots, 1, 4, 5, 6, is hereby approved nnd the proper City officials are hereby authorized and directed [o enter into said agreements. SUPMITTED BY , ^_ � i � APPRO��:t•��ti�i%'�i ��/'-/.,o....��s - 23 - Res. t271 DEVELOPEP 'S AGREEMENT FOA FINANCING IMPAOVEMENTS THIS AGREEMENT is made pursuant to Section 66.60( 18) of the Wisconsin Statutes providing for levying and assessing the cost of various improvements to the property herein tlescribed . WHEREAS� 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 uaiver, executed by the undersigned , owner of property herein described � of special assessment notices and hearing ; and WHEREAS, the undersigned owner has heretofore agreed , in consideration of installatlon of various improvements , to pay the full cost of such improvements and related costs through special assessment fSnancing pursuant to Section 25-83 and 25-89 of the Oshkosh Municipal Cotle upon certification by the City Engineer for the City of Oshkosh that said improvements have been completed ; and WHEREAS, the Commo❑ Council of the City of Oshkosh by resolu- tion adopted September 17r 1987 , authorized and directed the proper City officials to enter into an appropriate agreement With the undersigned owner to provide for full 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 i❑ Winnebago County � Wisconsin ("CITY") and Thomas N. Rusch and RSchard L. Gabert ("OWNER") � in reliance on the representatio❑ and covenants made herein , as follows: 1 . Owner covenants and warrants that it is the owner of all property descri6ed as follows : WINDSOR GREEN SUBDIVISION � Lots 1 and 4 2. Owner has requested installation by City of various improvements to said property described as follows: Grading @ Graveling Concrete Paving 3. City � or its designee, shall cause such improvements to be installed according to the plans and speciflcations ot the City Eagineer . 4. Special assessments may be paid by OWner in cash, or in installments pursuant to Section 25-83 and 25-89 of Lhe Oshkosh Municipal Code in which case such deferred payments are to bear 1 - 23a - Res. #271 interest at the rate of ten percent ( 10¢) per annum on the unpald balance. Ovner 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 antl correct, are incorporated by reference as if fully stated herei� . EXHIBIT "A" - Waiver of Special Assessment Notices and Hearing under Section 66 .60 , Wisconsin Statutes (NOTE: In the event Owner desires to install a portion of the various improvements on its own, as outlined in the above exhibits� Owner and City � having specific Common Council authority to do so , hereby affirm and mutually agree to such terms as contained i❑ said exhibits providing for developer-installed improvements . ) 6. Ouner, 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 tra�sfer 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 uithin one (1) year from the date of sale. In the event owner sells by land contract� the assessments shall be paid in full withi❑ one ( 1) year from the date of the land contract. � 7. Any refund uhich 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 De recorded at City's option and if so done� shall serve as Notice of Lie❑ against such properties . IN WITNESS WHEPEOF � 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 affixetl . Dated : _________'________' 198T . In the Presence ot: ______________________________ ________________________________ ( Witness ) Thomas N. Rusch ______________________________ ________________________________ ( Witness ) Aichard L . Gabert 2 - 236 - Res. C2A CITY OF OSHKOSH , a municipal corporation _____________________________ BY' _—_________________—___— (Witness ) William D . Frueh , City Manager —____—__—__—______—____ And : ____ ____—__________ (Witness) Donna C . Serwas � Clty Clerk STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this _____tlay of ______________, 1987 , the above-named Thomas N. Rusch and Hichard L. Gabert , to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument. Notary Public , Winnebago Co . � Wis . . My Commission: __________________ STATE OF WISCONSIN ) ) SS. WINNEBAGO C011NTY ) Personally came before me this ____ day of ___________, 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 known to be the persons who executed the foregoing instrument , and to me knoun to be such officers of said corporation, and acknov- ledged that they executed the foregoing instrument as such offlcers as the deed of said Corporation, by its authority. Notary Public � Winnebago Co . � WSs , 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 Su901 3 - 23c - Res. #271 WAIVER OF SPECIAL R55ESSMENT NOTICES AND HEARING UNDER SECTION 66.60� WISCONSIN STATUTES The undersigned� oHner of property 6enefited by the fallowing improvements to 6e mede 6y the city of Oshkosh, Winnebago County� state of Wisconsin� to Hit: GRADING & GRAVELING� CONCRETE PAVING WINDSOR GREEN SUBDIVISION (LOT 4� BLK. 1 � RND LOT 1� BLK. 2) (SUMMERSET WAV ONLV) In consideration of the construction of said improvements by the city of Oshkosh� Wisconsin� I hereby admit that such public improvement will 6enefit said property and consent to the levying of special assessments against the premises und¢r Section 66.60 of the Wisconsin Statutes for the cost of such improvements. In accordance with Section 66.60(1B) of the Wisconsin Statutes, I here6y waive all special assessment notices antl hearings required by Section 66.60 of the Wisconsin 5tatutesq and I 4urther agree and admit that the 6enefit of my property 4rom the construction of such impraveme�ts is in proportion to the footage thereof: Descrigtion af Premises WINDSOR GREEN SUBDIVISION BENEFITS DAMAGES GRRDING & GRAVELING: 105' x 318/lot= t3 �890_00 None COST/LOT= 3945.00 CONCRE7E PRVIN�: 105' x E60/ft.= ' tb�300.00 None COST/LOT= ;3�150_00 Sig�ature of Owner: _______________ Thomas N. Rusch Street Address: ____________________________ City: Date: _____________________________ Signature of Owner: ______________________________ Richard L. Gabert Street Address: City: ______________________________ Date: - 23d - Res. #271 DEVELOPEA 'S AGREEMENT ALEXANDAA SUHDIVISION IMPPOVEMENTS THIS AGAEEMENT is made pursuant to Section 66.60( 18) of the Wisconsin Statutes providing for levying and assessing the cost of various 1mProvements to the property herein described . WHEREAS, the Common Councll of the City of Oshkosh approved initial and final resolutions pursuant to Section 66.60 of the Wisconsin Statutes upon ezecution and approval of a waiver � executed by the undersigned , owner of property herein described , oP special assessment notices and hearing ; and WHEREAS, the undersigned owner has heretofore agreed � in consideration of installation of various improvements � to pay the full cost of such improvements and related costs through special assessment financing pursuant to Sectio� 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, several of the improvements have already been completed and four lots have been sold , or prior to the execution and recording of this Agreement will have been sold , the cost and special assessments of xhich are now due and payable ; and WHEREAS, the Common Council of the City of Oshkosh Dy resolution adopted September 17 � 1987 , authorized and directed the proper City officials to enter into an appropriate agreement uith the undersigned owner to provide for full payment by the undersigned ouner of said improvements and related costs ; 1 - 23e - Res. �271 NOW, THEHEFORE , IT IS AGREED to by and between the City of Oshkosh, a municipal corporation located i❑ Winnebago County , Wisconsin ("City") and Rurt Koeppler ("OWner^) , in reliance on the representations and covenants made in this agreement , as follows : 1 . Owner covenants and warrants that it is the owner of all property described as follows : Alexander Subdivision , Lots 1 , 4 , 5 and 6 . 2. Owner has requested installation by the City and the City has installed the following improvements , including engineering fees : Sanitary Seaer $6 ,560 .54 Laterals 5 , 464 . 80 Water Main 10 , 443 •06 Storm Sewer 7 , �56 . 3z Upon execution of this agreement , Owner shal l pay to the City the sum of $29 ,924.72 for those improvements. Further. because four lots within this subdivision have bee� or will have been sold , the special assessment for each are �ow due , antl Owner shall paY to the City the additional sum of $9 ,750 .00 . 3. Owner has further requested installation by the City of concrete paving and grading and graveling. �It is understood that because the preliminary plat was approved on December 4 , 1986 , prior to the effective date of certain Code revisions now requiring Ouner- installed sidewalk , the responsibility for installation of sidewalk is specifically excluded from this agreement. Such responsibility shall rest with the individual property ouner.) 4. City , or its designee � shall install all improvements according to Lhe plans and specifications oF the City Engineer . 2 - 23f - - � Res. N271 5. Special assessments for the improvements outlined in paragraph three above shall be paid by Owner in cash , or in installments pursuant to Sections 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 IlOS) per an�um on the unpaid balance from the date of installation . 6. The c+aiver referred to above, being duly executed , is attached as Exhibit "A" to this Agreement and is fully incorporated herein . 7. The applicable provisions of Sections 30-35 through 30-44 of the Oshkosh Municipal Code, the subdivision regulations in effect at the time of preliminary plat approval , are specifically incorporated by reference into this Agreement . 8. This Agreement and any attachments may be recorded at the City's option and expe�se and if done so, shall serve as a Notice of Lien against such properties . IN �WITNESS WHEREOF , the parties have caused this Agreement to �e signed by the proper , duly authorized persons and their corporate seals � if any � to be affixed to this Agreement . Dated : ____—______________' 1987 . In the Presence of: ------- ----------------- --------- --------(seal) (Witness ) Kurt Roeppler �Owner) _________________—____ (Witness) CITY OF OSHKOSH ________________________________ BY '_____________________________ (Witness) William D .Frueh � City Manager ________________________________ And :___________________________ (Witness) Donna C . Serwas , City Clerk 3 _ z39 _ � � Res. k271 STATE OF WISCONSIN ) ) SS . WINNEBAGO COUNTY ) Personally came before me Lhis ______ day of _____________, 1987 , the above-named Kurt Koeppler , to me knou❑ to be the person who executed the foregoing instrument and acknouledged the same . Notary Public , Winnebago Co . , NI My Commisslon :_________________ STATE OF WISCONSIN ) ) SS . WINNEBAGO COUNTY J Personally came before me this day of _ 1987, the above named William D. Frueh, City Manager, antl 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 know❑ to be such officers of said corporation, and acknow- ledged that they executed the foregoing instrume�t as sueh officers as the deed of said corporation , by its authority . Notary Pu61ic , Winnebago Co . , NI My commission: ____ _________ Approved as to Form antl Execution: —____________—________________ Warren P . Rraft � Asst . City Attorney This document drafted by : Attorney John W. Pence City Attorney Oshkosh � WI 5�901 4 - 23h - Res. #271 WAIVER OF SPECIAI ASSESSMENT NOTICES AND HEARING UNDER SECTION 66.60� WISCONSIN STATUTES The undersigned, orner of property benefited by the foilowing improvements to be maCe by tAe city of Oshkash� Winnebago County� state af Wisconsin� to wit: GRADING & QRRVELING� CONCRETE PAVINO In coneideration of the construction of aaid impravements by the city o4 Oshkosh, Wieconsin, T here6y edmit that euch public improvement will benefit eaid property and consent to the levying of special aasenaments against the premisen under Section 66.60 of the Wisconsin 5tatutea for the cast of such improvements. In accordance with Section 66.60(18) of the Misconsin Statutes. I hereby waive all special assesnment notices antl hearings required hy Section 66.60 of the Wisconsin Statutesq anA I further agree and admit that the benefit of my property from the construction of such impravements is in proportion to the footage thereof: Descrietion of Premises ALEXANDRA SUBDIVI3ION� LOTS 1 �4�5�6 BENEFITS DAMAGES GRFiDING & GRFiVELINGe COST/LOT� E2,250/4 lote t562.50 None CONCRETE PAVING: COST/LOT= 57�500/4 lots 51 �875.00 None Signature of Oaner: _________—_—_____ Kurt Koeppler Street pddrees: ______________________—_____ Cityn ____________________________ Dateo _____________________________ - 23i - � 3 (n G>➢ A ao m � o m .'O .. � !D � O � O !D 7 O TZ � < C p .. O' � !D c� . ry � a � n o 0 `< O !D G = !D � V X fD ik �n -i - Gi � 7 O N Ol i0 n N � IJ � � a Z � V � V� D ///yyy... C � � Q l d N � r � ry H � r `F O �n � \ � £ � 4 O 5 f