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Home My WebLink About34541 / 87-220 August 20, 1987 #220 RESOLUTION (CARRIED LOST LAI� OVER WITHDRAWN ) PURPOSE: APPROVE DEVELOPER AGREEMENTS INITIATED BY: DEPARTP4ENT OF PUBLIC WORKS BE IT RESOLVED by the Comnon Council of the City of Oshkosh that the attached Developer Agreement with Thomas N. Rusch and Richard L Gabert for First Addition to Fox Chase, �-a " ` ", �°, ` - - - - - °'�` ' ", is hereby aoproved and the proper City officials are hereby authorized and directed to enter into said agreements. NOTE: By general consensus of the Council-everything concerning Park Ridge Estates Plat, lots 1-27 was withdrawn. SOBMITTED By __._ _. . __... � __.__' c-T�«�.t �, APPNO:'F;G - 23 - �, � ' Resol. 6220 DEVELOPER ' S AGAEEMENT FOA FINANCING IMPAOVEMENTS THIS AGREEMENT is made pursuant to Sectio❑ 66.60( 18) of the Wisconsin 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 ezecution and approval of a waiver� � executed by the undersigned � oWner of property herein described , of � special assessment notices and hearing ; and WHEREAS, the undersigned owner has heretofore agreed , 1❑ consideration of installation of various improvements , to pay the full cost of such imprevements and related costs through special assessment financing pursuant Lo 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 completetl ; and WHEREAS, the Common Council of the City of Oshkosh by resolu- tion adopted August 20 , 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 saitl improvements and related costs; NOW� THEREFORE� IT IS HEREBY AGAEED to by a�d between the City of Oshkosh, a municipal corporation located in Winnebago County, Wlsconsin ("CITY") and Thomas N. Rusch and Richard L. Gabert ("OWNER^) , in reliance on the representation a�tl covenants made herein, as follows: 1 . Owner covenants and warrants that it is the owner of all property described as follows : FIRST ADPITION TO FOX CHASE� LOTS 20 THAU 3Z ( 12 LOTS) 2. Owner has requested installation by City of various improvements to said property described as follows : Engineering services for sanitary sewer , water main , �� laterals and storm sewer Grading & Graveling � Concrete Paving � Sidewalk � on Montclair Place only - Lot 20 � 21 � 22 � � 23 , 24 , 25 , 26 , 30 , 31 i ! , - 23a - _d . � . . Resol. "220 3. City, or its tlesignee , shall cause such improvements to Oe installed according to the plans and specifications of the City Engineer . 4. Special assessments may be paitl by Owner in cash, or 1❑ installments pursuant to Section 25-83 and 25-89 of the Oshkosh Mu�icipal Code in which case such deferred payments are to bear interest at the rate of ten percent (10x) per a�num o❑ the unpaid balance. Owner is insta111ng pursuant to authorization of the City , sanitary sewer, vater main laterals and storm sewer. 5• The attached exhibits, acknowiedged ty City and Ovner as � being true and correct, are incorporated by reference as if fully stated herein . EXHIBZT "A" - Waiver of Special Assessment Notices and Hearing under Sectio❑ 66 .60 � Wisconsi❑ Statutes ( NOTE: In the event Owner desires to install a portion of the various improvements on its own, as outli�ed in Lhe 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 exhibits providing for developer-installed improvements . ) 6. Owner, immediately upon voluntary tlivestiture 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 transfer of legal title providing owner does not retain any lien or mortgage interest in such parcel . In the event ovner retains a lien or mortgage interest 1❑ such parcel � the assessments shall be paid in full withi❑ one ( 1) year from the date of sale. In the event owner sells by land contract , the assessments shall be paid in full vithin one ( 1) Year from the date of the lantl contract. 7. A�y refund which may be due Ow�er as a result of any special assessment being in excess of the actual amount paid by � City for said improvements is assignable by Owner . - 23b - 2 12eeo1. I6220 8. This Agreement antl its attachments, may be recorded at City's option and if so done , shall serve as Notice of Lie❑ against such properties . IN WITNESS NHEREOF , 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 . Dated : -----------------' 1987 . In the Presence of: —__________________________ ______________—________________ (Witness ) Thomas N. Rusch —________________ _________ (Mitness ) Richard L . Gabert 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 COONTY ) Personally came before me this ___day of ___________� 1987 , the above-named Thomas N. Rusch and Richard L. Gabert� to me known to be the persons who executed the Foregoing instrument and acknowledged that they executed the foregoing instrument. _________________________________ Notary Publie , Winnebago Co. , W1s . My Commission : __________________ STATE OF WISCONSIN ) - ) SS . WINNEBAGO COUNTY ) 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 knoun Lo Ce the persons who executed the foregoing Snstrument, and to me know❑ to be such officers of said corporation, and acknow- 3 - 23c - _�;�: ' ' � Resol. �t220 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 Commisslon : ____________ Approved as to Form and Execution ___________—__________________ Warre❑ P . Kraft , Asst .City Attorney This document tlrafted by : Attorney John W. Pence City Attorney Oshkosh , WI 54901 4 - 23d - � Resol. l;220 DEVELOPER 'S AGREEMENT FOR FINANCING IMPROVEMENTS TNIS AGREEMENT is made pursuant to Section 66.60( 18) oP the Wisconsin Statutes providing for levying and assessing the cost of various improvements to the property herein descrlbed . WHEAEAS� the Common Couneil of the City of Oshkosh approved lnitial and final resolutions pursuant to Sectio❑ 66.60 of the Wisconsin Statutes upon executio❑ and approval of a waiver, executed by the undersigned � owner of property herei❑ described � of special assessment notices and hearing ; and WHEAEAS, the undersigned oxner 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 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 WHEREAS, the Common Council of the City of Oshkosh by resolu- tion adopted August 20 , 1987 � authorized and directed the proper City officials Lo enter into a❑ appropriate agreement With the undersigned owner to provide for full payment by the undersigned owner of said improvements and related costs; NOW, THEAEFORE� IT IS HEREHY ACREED to by antl between the City of Oshkosh, a municipal corporation located in Winnebago County, Wisconsin ("CITY") and A. Earl Struensee ("OWNEA^) � in reliance on the representatio❑ and covenants made herein, as follows: 1 . Ouner covenants and varrants that it is the owner of al l property described as follows : PAAK RIDGE ESTATES PLAT , LOTS 1 -27 2. Owner has requested installation by City of various improvements to said property described as follows : � Staking and Inspection Services Concrete Paving Sidewalk 1 - 23e - . . . Resol. G`220 3. City, or its designee , shall cause such improvements to be installed aecording to the plans and speciflcations of the City Engineer . 4. Special assessments may be Daid by 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 interest at the rate of ten percent ( lOx) per annum on the unpaid balance. Owner is installing pursuant to authorizatlon of the City, sanitary sewer� raater main laterals and storm sever. 5. The attached exhibits� acknowledged by City and Owner as being true and correct , are incorporated by reference as Sf fully stated herein . EXHIBIT "A^ - Waiver of SpecSal Assessment Notices an7 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 antl City � having specific Common Council authority to do so, hereby affirm and mutually agree to such terms as containetl in 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 sub,ject to divestiture. Divestlture shall mean the transfer of legal title providing oWner does not retai❑ any lien or mortgage interest in such pareel . In the event owner retains a lien or mortgage interest in such parcel , the assessments shall be paid in full xithin one ( 1) year from the date of sale. I❑ the event owner sells by land contract, Lhe assessments shall be paid in full within one ( 1) year from the date of the land contract. 7. Any 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 . 2 - 23f - - � Resol. l'220 8. This Agreement and its attachments , may be recorded at City's option and if so done, shall serve as Notice of Lie❑ against sueh properties . IN WITNESS WHEAEOF , 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 . Dated : ----------------' 1987 . In the Presence of: —__________—_ __ ____________—________________— (Witness ) A. Earl Struensee ____________________________— (Wltness) CITY OF OSHKOSH � a municipal corporation ______________________________ By'_____________________________ � (Witness ) William D . Frueh , City Manager ________—____________________ Antl :______ _____________— (Witness) Donna C . Serwas , City Clerk STATE OF WISCONSIN ) ) SS. WINNEHAGO COUNTY ) Personally came before me this _______day of ____________� 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 instrume�t. __________________________________ Notary Public , Winnebago Co . , Wis . My Commission: ___________________ STATE OF WISCONSIN ) ) SS . WINNEBACO COUNTY ) 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 knorrn to De the persons who executed the foregoing instrument, 3 _ Z39 _ - - Reeol. 16220 and to me known to be such officers of said corporation, and acknow- ledged that they executetl the foregoing instrument as such officers as the deetl of said Corporation � by its authority. Notary Public , Ninnebago Co . , Nis • ��i My Commission: _________________I Approved as to Form and Execution �'� Warren P . Kraft , Asst C1ty Attorney This document drafted by: Attorney John 4i. Pence City Attorney Oshkosh , WI 54901 4 - 23h - n3 a an A A° io n°v v�, JJ.. C r.� . �O N ci0 T Z rt F < iC p.. O N • N 7 N y O O N ao • rtm o � o o < w m v � m � Nti l0 T � (D O O 'w V XO ��y^� � � T �J � o�+ a � N � m s m m � m � �+ � �