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Home My WebLink About34419 / 87-077 May 21, 1987 J177 RESOLUTION (CARRIED LOST LAIll OVER WITHDRAWN ) PURPOSF.: APPAOVF. DEVF.LOPF.R AGRF.F.MENTS INITIATED BY: DEPAATMENT OF P➢BLIC WORKS B� IT RESOLVED by the Common Council of [he City of Oshkosh that the attached Developer Ay,reement with Harold J. Eichstad[ and Marcell M. F.ichstadt for the 3rd Addiiion to F,ichstadt's Subdivision, and t}�e �eveloper Agreement with Thomas N. Rusch and Richard L. GaUer[ for tlie Shadow Creek Subdivision is hereby approved and ihe proper City officials are hereby authorized and directed to enter into said agreemen[s. SUBYITTED BY �---'—� APPROVED _ _.!�-�--"—'-' - 30 - Res. �77 DEVELOPEA � S ACAEEMENT FOA FINANCZNG IMPAOVEMENTS THIS AGREEMENT is made pursuant to Section 66.60(18) of the Wisconsin Statutes providing for levying and assessing t6e cost oP various improvemeats to Lhe property herein described . WHEAEAS, the Common Council of the City of Oshkosh approved initial and final resolutions Dursuant to Section 66.60 of Lhe Wisconsin Statutes uDan execution and approval of a waiver, executed by the undersigned , ovner of property herein described , of special assessment notices antl hearing ; and WHEREAS� the undersigned o�ner has heretofore agreed , in consideration of installatio❑ oY various improvements , to pay the full cost of such improvements and related costs through speclal assessment Plnancing pursuant to Section 25-83 and 25-89 of the Oshkosh Hunicipal Code upo❑ certification by the City Engineer Por the City of Oshkos6 that said lmprovements have been comDleted ; and WHEREAS, the Common Council of the City of Oshkosh by resolu- tion adopted May 21 , 1987 � authorized and direeted the proper City offi- cials to enter into an appropriate agreement with the undersigned ouner to Drovide for full payment by the undersigned owoer of said improvements and related costs� NOW, THEREFORE, IT IS HEREBY AGREED to by and betWeen the City of Oshkosh , a municipal corDOration located in Winnebago County� Wisconsin ("CITY") and Harold J. Bichstadt and Marcella H. Eichstadt ("OWNEA") , in reliance on the representatio❑ and covenants made herein� as follows: 1 . Owner covenants and warrants t6at it is the ovner of all property described as follows : (Fourteen parcels ) Lots 6 through 10 , 3rd Addn . to Eichstadt 's Subdivision Parcel 1 , Doc . 475490 Lots T through 12 � Hlk . 4 , ESChstadt `s Subtlivision plus north 1/2 vacated Columbia Avenue Lots 3 and 4 , Blk . 5 , Eichstadt 's Subdivlsio❑ plus south 1/2 vacated Colum6ia Ave�ue 2. Owner has requested installation by City of varlous improvements to saitl property described as follows : Engineering servlces for sanitary sewer , water main 6 laterals Gradi�g 6 Graveling Concrete Paving Storm Sewer 1 - 30a - Res. k77 3• City � or Sts designee� shall cause such improvements to be Snstalled according to t�e plans and specifications of the City Engineer . 4. Special assessments may be paltl by Owner 1❑ cash, or in installments pursuaut to Sectlon 25-83 and 25-89 oT Lhe Oshkosh Municipal Code Sn uhieh case such deferred payments are to bear interest at Lhe rate of ten percent ( 10�) per annum on the unpaid Oalance . 5• The attached exhibits, acknowledged by City and Owner as being true and correct � are incorporatetl by rePerence as if fully stated herein . EXHIBIT "A" - Waiver oY SDecial Assessment Notices and Hearing under Sectio❑ 66 .60 � Yisconsin Statutes (NOTE: In t6e event Owner desires to install a portion of the various improvements on its own, as outlined 1❑ the above exhibits , Ouner and City, having speciflc Common Council aut6ority to do so , hereby affirm and mutually agree to such terms as contained in said exhibits providing for developer-installed improvements . ) 6. Owoer, immediately upon voluntary divestiture of title to any of the property heretoPore deSCriDed , shall fully pay Lhe outstanding assessmeuts against the particular parcel subject to divestlture. Divestlture shall mea❑ the transfer of legal title providing ouner 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 1❑ full within one (1) year from t6e tlate of sale. In the event ouner sells by laud contract� the assessments shall be paitl in full �ithin 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 Ovner . 2 - 30b - Res. %77 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 WHEAEOF , the parties heretofore have caused this Agreement to De slgned by the proper persons of each party and their corporate seals , if any � to be hereunto affized . Dated : ------------------' 1987 . In the Presence of: —____________________________ ________________________________ ( Witness) Haroltl J . Eichstadt —_____________—______—___ __________—__________________ (Witness) Marcella N. ESChstadt CITY OF OSEiROSH , a munlclpal corporation ______________________________ BY'___________________________— (Mitness ) William D . Prueh , City Manager And : _____________________________ ________—__________________ (Nitness ) Donna C . Serwas , City Clerk STATE OF IIISCONSIN ) ) SS. GINNEHAGO COONTY ) Perso�ally came before me this _______day of ______________, 1987 , the above-named Harold J. Eichstadt and Harcella M. Eichstadt, to me knorn to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument. Notary Pub11c , Winnebago Co . , Nis . My Commisslon: STATE OF NISCONSIN ) ) SS. HINNEBAGO COUNTY ) Personally came before me this ______ day of _______________, 1987 , the above-named M1111am 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 uho executed the foregoing instrument, 3 - 30c - Res. �77 and to me known to �e such officers of sald corporation, and acknow- ledged that Lhey ezecuted Lhe foregoing instrument as such officers as the deed of said Corporation, by Sts authorlty. ________________________________ Notary Public , Minnebago Co . � Wis . My Commisslon : __________________ Approved as to Form and Execution _____________________________—__ Warren P . Rraft � Asst .City Attorney This document drafted by : Attorney John W. Pence City Attorney Oshkosh , WI Su901 4 - 30d - Res. �77 DEVELOPEA 'S AGAEEMENT FOR FINANCING IMPflOVEMENTS THIS AGREEMENT is matle pursuant to Sectio❑ 66.60( 18) of Lhe WSsconsin Statutes providing for levying and assessing the cost oY various imDrovements to the property herein descrSDed . WHEREAS, the Common Councll of the City oP Oshkos❑ approved initial and final resolutions pursuant to Section 66.60 of the Niscousin Statutes upon execution and aDProval of a vaiver, executed by the undersigned , owner of property herei❑ Gescribed , of special assessment notices and Learing ; and WHER6AS, the undersigned ovner 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 antl 25-8g of the Oshkosh Hunicipal Code upon certification by the City Engineer Por the City of Oshkosh that said improvements have been completed ; and YHEREAS, t6e Commoa Council of the City of Oshkosh by resolution adopted May 21 , 7987 , authorized and directed the proper City officials Lo 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, THEAEFORE, IT IS HEREBY AGREED to by and betveen the City of Oshkosh, a municipal corporation located in YinneDago County , Wisconsi❑ ("CITY") and Thomas N. Rusch and Aichard L. Gabert ("OWNEA") � in reliance on the representation and covenants made herein� as follows: 1 . Owner coveua�ts and warrants that it Ss the oWner of all property described as follows : SHADOW CREER , Lots 1 through 25 2. Owner has requested i�stallation by City of various improvements to said property described as follous: Engineering services for sanitary sewer� water main , Laterals and storm sewer Gradi�g A Graveling Concrete Paving Storm Sewer 1 - 30e - Res. �77 3• City , or its designee , shall cause such improvements to De installed according to the plans and speclficatlons of the City Engineer. 4. Special assessments may be paid by Oxner in cash� or Sn installments yursuant to Sectlon 25-83 and 25-89 of the Oshkosh MuniciDal Code in which case such deferred payments are to bear interest at the rate oP ten percent ( lOf) Der annum on the unpald balance. Owner is installing pursuant to authorization of the C1ty, sanitary sewer, water maln, laterals and atorm sewer. The Owner shal l be credited for the cost of the storm sexer which exceeds the assessments chargeable therePor on future atorm sewers Snstalled in this subdivision. Thls credit shall be placed agaSnst assessments existing at the time of future development . 5• The attached exhiblts, acknowledged by City and Ovner as being true and correct , are Sncorporated by reference as if fully stated herein . ERHIBIT "A" - Waiver of Special Assessment Notices and Hearing under Section 66 .60 , Nisconsin Statutes (NOTE: In the event Oaner desires to install a portion of the various improvements o❑ its oWn, as outlined Sn the above exhlbits, Owner and City� having specific Common Couocil authority to do so, hereby affirm and mutually agree to such terms as contained in said exhibits providing for tleveloper-installed improvements . ) 6. Ovner� immediately upoa 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. Divestiture shall mean the transfer of legal title providing owner does not retain any lie❑ or mortgage interest in such parcel . In the event ovner retains a lien or mortgage interest in such parcel , the assessments shall De paid in full within one ( 1) year from the date of sale. In the event ouner sells by land contract, the assessments s6a11 6e paid in full within one ( 1) year from the date of the land contract. 7. Any refund vhieh may be due Ovner as a result of any special assessment being in excess of the actual amount paltl by City for said improvements is assignable by Ouner . 2 - 30£ - Res. #77 8. This Agreement and its attachments, may be recortled at City's option and if so done , shall serve as Notice oP Lien against such properties . IN AITNESS NHEREOF , the parties heretofore have caused this Agreement to be signed by t6e Droper persons of each party and thelr corporate seals , if any , to be hereunto affixed . Dated : -----------------' 1987 . In the Presence oP: ______________--_________ _______________________________ ( Yitness ) TGOmas N . Ausch ______________________________ _______________________________ ;Witness ) Richard L . Gabert CITY OF OSHROSH, a municipal corporatlon ____________________ _ BY' _____________—___________ ( Witness) William D . Frueh , City Manager ________—_____—__________— And :____________— ______ ( Nitness ) Donna C . Serwas , City Clerk STATE OF MISCONSIN ) ) SS . NINNEBAGO COUNTY ) Personally came Defore me this tlay of _____________, 1985, the above-named Thomas N. Rusch and RSChard L. Gabert, to me knovn to be the ➢ersons �ho executed the foregoing instrument and acknow- ledged that they executed the foregoing instrument. __________________________________ Notary Public , Winnebago Co . , Wis . My Commission: _ STATE OF YISCONSIN ) ) SS . WINNEBAGO COUNTY ) Perso�ally came before me this _____ day of _______________, 1985 , the above-named Hilliam D. Frueh, City Manager and Donna C. Serwas , City Clerk of the City of Oshkosh, a municipal corporation , to me knoun to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation � and acknowledged that they executed 3 _ gp9 _ Res. #77 Lhe foregoing Snstrument as such officers as the deed of said Corporation , by its aut6ority . ____________________________________ Notary PuDlic , Winnebago Co . , Wls . My Commission: _____________ Approved as to Form and Execution _________________________________ Narre❑ P . Rraft , Asst .City Attorney This document drafted by : Attorney John M. Pence City Attorney osr.kosh , wi 549oi 4 - 30h - a na rt � n A c� no o � o m �G A � O� � A �-'. I*1 O- Z • N .. O �-.O O mz nE < a � O �� tD V .. v� Cl V �i Z O � a d m m m no am < V `GO NFlO N 'O tn � VIMO C O Q � N V 6 � � ' ` v < Y � a+/ ...dip � � Z �.-. am � n � }� ... m n �« � :r. .-.�r o �n o �