HomeMy WebLinkAbout34561 / 87-246 2es. k245
DEVELOPEA ' S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGAEEMENT is made pursuant to Section 66.60( 18) of the
Wlsconsin Statutes providing for levying and assessing the cost of
various improvements to the property herein described .
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 waiver,
executed by the undersigned � oxner of property herein described , of
special assessment notices and hearing� and
WHEREAS, the undersigned owner 6as heretofore agreed , in
consideration of installation of various Smprovements , 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 been completed ; and
WHEAEAS, the Common Council of the City of Oshkosh by resolu-
tio❑ adopted September 3r 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 Detween the City
of Oshkosh, a municipal corporation located in Winnebago County,
Wiseonsin ("CITY") and Flanaga❑ & Stauffer� Inc. and B & C of
Oshkosh, Inc.� (OWNER") � i❑ relianee o❑ the representation and
covenants made herein, as follows:
1 . Owner covenants and warrants that it is the oxner of al l
property tlescribed as follows :
THE VILLAGE AT WESTHAVEN , LOTS i - 12
2. Owner has requested installation by City of various
improvements to said property described as follows :
Storm SeWer
Sanitary Seuer
Laterals
Water Main
Grading & graveling
Conerete paving
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Res. #246
3• City , or its designee , shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer .
4. Special assessments may be paid by ONner 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
interest at the rate of ten percent ( 10$) per annum on the unpaid
balance. Owner is installing pursuant to authorization of the C1ty ,
sanitary sewer, water main laterals antl storm sewer.
5. The attached exhibits , acknouledged by City and Owner as
Deing true and correct , are incorporated by reference as if fully
statea herein .
E%HIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66 .60 , Nisconsin 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 in said
ezhibits 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 assessme�ts against the particular parcel subject 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 ( 1J year from the date of sale. In the event owner
sells by land contract , the assessments shall De paid in full
within one (1) year from the date of the land contract.
7. A�y 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.
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Res. °-J�i,
8. This Agreement and its attachments, may be recorded at
City's option and if so done , shall serve as Notice of Lien agalnst
such properties .
IN NITNESS WHEFEOF , the parties heretofore have caused this
Agreement to be signed by the proper persons of each party and
their corporate seals ,� if anYr to be hereunto affixed .
D a t e d : ---------------' 19 87 .
In the Presence of: FLANAGAN & STAOFFEA� INC .
______________—_—________ BY' ______—_________________
(Hitness ) Flntan M. Flanagan � President
______________________________ And :___—_�______—____--
(Witness ) Aobert E. stauffer � Secretary
B & C OF OSHROSH INC .
—____________________________ BY '____—__--__—____--
(Witness) Leonard Backus � President
___________—________--
And : ______—_________—__—
(Witness) Wayne C . Chaney , Secretary
CITY OF OSHROSH� a municipal
corporation
—_________________—_____ BY'_____--_____— —
(Witness) William D . Frueh , City Manager
__—_____—____---__—__ And :_______—____—__--
(Witness) Donna C . Serwas , City Clerk
STATE OF NISCONSIN )
) SS.
WINNEBAGO COUNTY ) '
Personally came before me this ____day of _
1987 � the above-named Fintan M. Flanagan� President , and Robert E.
Stauffer, Secretary � of Flanagan g Stauffer, Inc., to me known to be
such officers of said Corporation� and acknowledged that they
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executed the foregoing instrument as such officers as the eeed of
said Corporation � and acknor+ledged that they executed the foregoing
instrume�t as such officers as the deed of said Corporation, by its
authority .
Notary Public , Winne6ago Co . , Wis .
My Commission: _____ _____
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of _ __,
1987 , the above-named Leonard Backus President, and Wayne C
Chaney , Secretary , of B & C of Oshkosh, Inc. , to me known to be
such officers of said Corporation, and acknowledged that they
executed the foregoing instrument as such officers as the eeed of
said Corporation, and acknowledged that they executed the foregoiug
instrument as such officers as the deed of said Corporation , by its
authority .
Notary Public � Minnebago Co . , His .
My Commission: ____________
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this _ day of __ _�
1987, the above-named liilliam D. Frueh, City Ma¢ager 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 saitl corporation, and acknox-
ledgetl *.hat they executed the foregoing instrument as such officers
as the tleetl of saitl Corporation� by its authority.
Notary Pub11c , �'innebago Co . , Nis .
My Commission: __________________
Approved as to Form and Execution
Warren P . Kraft , Asst .City Attorney
This document drafted Dy :
Attorney John W. Pence
City Attorney
Oshkosh , wI 54901
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Res. #246
DEVELOPER 'S AGREEMENT
FOA FINANCING IMPROVEMENTS
TNIS AGAEEMENT is made pursuant to Section 66.60( 18) of the
Wisconsin Statutes providing for levying antl assessing the cost of
various improvements to the property herein described .
WHEAEAS� the Common Council of the City of Oshkosh approved
initlal antl final resolutions pursuant to Sectlon 66.60 of the
Wisconsi❑ Statutes upon execution and approval of a waiver,
executed by the undersigned � owner of property herein described , of
special assessment notices and hearing ; and
WHEREAS� the untlersigned 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 finaneing pursuant to Section 25-83 and 25-b9 of the
Oshkosh Municipal Code upon certification by the City Engineer for
the City of Oshkosh that said improvements have 6een completed ; and
WHEREAS, the Common Council of the City of Oshkosh by resolu-
tion adopted September 3 . 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
ouner of said improvements and related costs;
NOW, THEREFORE, IT IS NEREBY AGREED to by and between the City
of Oshkosh, a municipal corporation located in Winnebago County,
Wisconsin ("CITY") and Garry H. Decker ("OWNER") , in reliance on
the representation and covenants made herein, as follows:
1 . Owner covenants and warrants that it is the owner of al l
property described as follows :
ABBEY SUBDIVISION, LOTS 1 - 11
2. Owner has requested installation by City of various
improvements to said property described as follows :
Services for inspection of utilities
Grading & Craveling '
Concrete Paving
Sidewalks
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Res. #246
3• City , or its designee. shall cause such improvements to be
installed according to the pla�s and specifications of the City
Engineer .
4. Special assessments may be paid by Ouner in cash, or in
installments pursuant to Section 25-83 and 25-89 of the Oshkosh
Munlelpal Code 1n Whieh 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 authorizatio❑ of the Clty ,
sanitary sewer, water main laterals and storm sewer.
5. The aLtached exhibits, acknowledged by CSty and Owner as
being true and correct� are incorporated by reference as if fully
statetl herein .
EXHIBIT "A" - Naiver 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 o❑ its own, as outlined in the above exhibits,
Owner and City , having specific Commo❑ Council authority to do so,
hereby affirm and mutually agree to such terms as contained in said
exhiDits providing for developer-installed lmprovements . )
6. Ouner, immediately upon voluntary divestiture of title to
any of the property heretofore described � shall fully pay the
outstantling assessments against the particular parcel subject to
divestiture. Divestiture shall mean the transfer of legal title
providing owner does ❑ot retain any lien or mortgage interest i❑
such parcel . In the event ouner retains a lien or mortgage
interest in such parcel , the assessments shall be paid in full
Nithin one ( 1) year from the date of sale. I❑ the event owner
sells by land contract, the assessments shall be Daid in full
within one (1) year from the date of the land contraet.
7. Any refund which may be due Ouner as a result of any
special assessment being in excess of the actual amount paid by
City for said improvements is assignable by Owner .
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Res. F245
to me known to be the persons who executetl 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 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 Joh❑ W. Pence
City Attorney
Oshkosh , WI 54901
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Res. @296
DEVELOPEA ' S AGREEMENT
PAAK RIDCE ESTATES IMPpOVEMENTS
THIS AGAEEMENT is made pursuant to resolution 8246 adopted
September 3, 1987 , by the Common Council of the City of Oshkosh for
private installation of subdivision improvements required by Section
30-42 of the Oshkosh Municipal Code .
WHEREAS, the Developer of a final plat known as Park Ridge
Estates desires to install required suDdivisio❑ improvements
privately without using the special assessment procedures authorized
i❑ Chapter 25 of the Oshkosh Municipal Code ; and
WHEREAS, Section 34-�Z of the Oshkosh Municipal Code permits
for private installation upon the developer entering into this
agreement and filing acceptable surety guaranteeing such
improvements shall be completed within three years, except for
sidewalks which shall be installed within five years, from the date
of final plat approval , to-wit : June 18 , 1987 ; and
WHEREAS, the developer has completed all legal proced�res
necessary to enter into this agreement ;
NOW� THEPEFORE, IT IS AGREED to by and between the City of
Oshkosh , a munieipal corporation locatetl in Xinnebago County,
Wisconsin ("City") and A. Earl Struensee ("Owner") , i❑ reliance on
the representations and covenants made in this agreement , as
follows :
1 . Oaner covenants and warrants that it is the owner of al l
property described as follows:
PARK AIDGE ESTATES PLAT , Lots 1-27
2. Owner shall install , and the City specifically authorizes
such instailation� at no cost to the City � various improvements to
said property deseribed as follows :
Engineering services for all improvements .
Gratling and graveling
Sanitary sewer , water main , laterals and storm sewers
Conerete paving , curb and gutter
Sidewalk �
3• The City shall provide inspection and staking services as
❑ecessary to facilitate private installations which shall be
performed to the specifications established and to the satisfaction
of the City before the City shall accept the dedication of such
improvements .
4. As a guarantee that the improvements shall be installed ,
the developer has filed satisfactory surety in an amount determined
by the Departoent of Public Works .
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Res. R246
5. The applicable provisions of Sections 30-35 through 30-44 ,
the subtlivision regulations , of the Oshkosh Municipal Code are
specifically incorporated by reference into this agreement .
6. This Agreement and any attachments may be recorded at the
Clty 's option and if so done , shall serve as a Notice of Lien
against such properties . .
IN WITNESS WHEREOF, the parties have causetl this Agreement to
be signed by the proper� duly authorized perso�s and their corporate
seals . if any , to be affixed to this Agreement .
Dated : September _______, 1987 .
In the Presence of:
______________ ________ __________________ _
(Witness ) A. Earl Struensee (Ow�er)
______________________�WitnessJ
CITY OF OSHKOSH� a municipal
corporation
_____—_
---------_--IWitnessJ BY :_______
Nilliam D Frueh , City Manager
____________-- _____
�Witness) And :____ __
Donna C . Serwas � City Clerk
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this _ day of September, 1987 ,
the above-named A. Earl Struensee , to me known to be the person who
executed the foregoing instrument and acknowledged that he executed
the foregoing instrument .
Notary Public , Win�ebago Co . , WI
My Commission :
STATE OF WISCONSIN )
) SS .
WINNEBAGO COUNTY )
Personally came before me this day of September, 1987 ,
the above-named William D. Frueh, City Manager, and Donna C. Serwas,
City Clerk, of the City of Oshkosh , a municipal corporatlon, to me
known to be the persons who executed the foregoing instrument , and
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Res. �246
to me known to be such officers of said corporation , and acknow-
ledged that they executed the foregoing instrument as such officers
as the deed of said corporatio� , by its authority .
- Notary Public , Winnebago Co . , WI
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 5�901
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September 3, 1987 IF2q6 RESOLUTION
(CARRIF.D LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE DEVELOPER AGAEEh�NTS
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh [ha[ [he
at[ached Developer Agreemeni wiih Garry H. Decker for Abbey Subdivision, Lots 1 -
llq the Develaper Agreement with Flanagan & S[auffer, Inc. and B & C of Oshkosh
Inc. for The Village a[ Westhaven, Lois 1 - 12; and the Developer Agreemen[ with
A. F.arl S[ruensee for Park Ridge Es[ates Plat, Lo[s 1-27, is hereby apprwed and
the proper City officials are hereby au[horized and direcced [o enTer into said
agreemenis.
SUBMITTr'.P BY ._______ . ."____-.
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