HomeMy WebLinkAbout33678 / 85-23November 21, 1985
(CARRIED LOST LAID OVER
PURPOSE: APPROVE DEVELOPER AGREEMENTS
INITIATED BY: CITY ADPfINISTRATION
#23 RESOL�UTION
_ WITHDRAWN )
WHEREAS, the City of Oshkosh has been requested to extend
sewer and water in various streets, to grade and gravel and to make
permanent improvements in various streets, and
WHEREAS, the developers of the various streets, as shown on
the attached Exhibit "A" have agreed to pay 100� of the cost of the
above-described improvenents upon certification by the City
Engineer that said improvements have been completed, and
WHEREAS, the City is willing to provide said improvements,
provided, however, that 100� of the cost is assumed by said
developers of the various streets,
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of Oshkosh, that the proper City officials are herebty
authorized and directed to enter into an appropriate developer
agreement with the developers of the various streets to Drovide for
100;s payment of sanitary sewer and water, grading and graveling,
and any other improvements placed in said street by the City of
Oshkosh.
SUBMITTED BY
APP?�07�D
��
,/JI >>
RESOLUTION # 23
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
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 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, owner of property herein described, of
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 Section 25-83 and 25-89 of the
Oshkosh Municipal Code upon certification by the City Engineer fur
the City of Oshkosh that said inprovements have been completed; and
WHEREAS, the Common Council of the City of Oshkosh by
resolution adopted 22nd day of November, 1985, 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 in Winnebago County,
Wisconsin ("CITY") and George Singstock Lyle Miller ("OWNiR"), in
reliance on the representation and covenants made herein, as follows:
1. Owner covenants and warrants that it is the owner of all
property described as follows:
T.H.B. The Hone Builders subdivision, easement n. of
plat to Witzel, and future lots oa west side of street.
2. Owner has requested installation by City of various
improvements to said property described as follows:
Sanitary Sewer
Laterals (12)
Concrete Paving
T4ater Main
Grading & Graveling
Storm Sewer
3. City, or its ciesignee, shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer.
�
RFSOLUTION # 23
4. Special assessments may be paid 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 (10�) per annum on the unpaid
balance. �
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 Section 66.60, Wisconsin Statutes
EXHISIT "B" - Memorandum to City Attorney Relative to
Improvement Costs
(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
exhibits providing for developer-installed improvements.)
6. Owner, 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 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 (1) year from the date of sale. In the event owner
sells by land contract, the 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.
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.
Iiv' WITtdESS WHEREOF, t �e parties heretofore have caused this
Agreement to be signed by the pcoper persons of each party and
their corporate seals, if any, to be hereunto affixed.
Dated:
In the Presence of:
1985.
(Witness)
(«itness)
2
- 28b -
CITY OF OSHKOSH
By:
William D. Frueh, City i�lanager
.fiit:E�
Donna C. Serwas, City Clerk
RFS07�ITPION # 23
(Witness) George Singstock
(Plitness) Lyle Miller
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of , 1985,
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 known to be
such officers of said corporation, and acknowledged 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:
STATE OF WISCOidSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of , 1985,
the above-named George Singstock and Lyle Miller to me known to be the
persons who executed the foregoing instrument and acknowledged that they
executed the foreaoing instrument.
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
3
- 28c -
RFSOLUTION # 23
WAZVER OF SF'ECIAL ASSESSMENT NOTZCES AND
HEARING UNDER SECTION bb.bi�, WISCONSIN STATUTES
The undersigned� owner of property benefited by the
following improvements to be made by the city of Oshk:osh�
Wir�nebago Coe.tnty� state of Wisconsin� to wit:
Sr;NITARY SEWEF, WATEF MAIN� LATERALS, GFADING ?< GRAVELING�
STORM SEWEFt, Y< CONCF;ETE F'AVING
In consideration of the construction of said improvements by
the city of Osh4;osh� Wisconsin, I hereby admit that such public
imprqvement wil2 benefit said property and consent to the Ievying
of spFCial assessments against the premises under Section 66.6��
o* the Wisconsin Statutes for the cost of such improvements. In
accordance wiLh Section 66.bOf16) of the Wisconsin Statutes, I
her�ty waive all special assessment notices and hearings required
b'� 5�=c±ion 66.bU of the Wisconsin Statutes, and i f��rther agree
ar,d admi± that the benefit of my property from tne construction
of such improvements is in praportion to the footaqe thereof:
D?scri�tian of Fremi=es
T.H.R. The Hame B�iilders Subdivision�
easement n.of pla± to Witzel� and
f�_ttu.re lots en we=t si�Je of strezt
�NNITARY S�WEF'
WATE:�: MASN �
LATERt_iLS ( 1�)
STr�;M SE�JE��
GRA�IN6 °: 6RAVE��ING
CC�rdCFETE FAViN6
S-�i�atz�re of Qwner
Street P,�dress
c, t.
BENEFITS
t�b, ; 4�>. 1 C>
$�S,'i�9. tiU
:# 6�2;'.ii4
�#' 8,5.�4.._ci
117 . U45. C>i �
35� , �q6. i �i r
GEGR�E SiN65TGC�.:
Siqnatur-e of Owner
- ---------------------
LYLE I'IILLEi;
S=reet A�ldress
City
D�te:
�
DAPtArcS
NOPJE
NONE
NONE
hfOtJ�
NC�NE
NONE
-------- -----
Exhibit A
RESOLUTION # 23
Tn: John F'ence� City Attorney �,,�^j,�y.� k-
From: Gerald f�:onrad� Director of Fu61ic Work:s '""
Date: November 18, 198;,
S��.bject: IMF'ROVEMENT COSTS FOft F'ORTION QF S_WESTFIELD STREET
INrLiJDED Ihl THE HOME PUILDERS SUHDIVISION
Listed below is the break:down of costs for this portion of S.
Westfield Street. The east side of tne street is in The Home
Fuilders Subdivision (i� proposed lots> and the cos±s are brok:en
down by lot. The casts for the west 1/� of the street are in 1
total, to he divided down when tnat portion is platted.
Sanitary Sewer
Construction To.*_al
Engineering 6%
West side of street=
E�st side of street=
Water hlain
ronstruction Total
Engineering 6%
West side of street=
East side of street=
La+erals
Constr�iction Total
Enqineering 6%
!1C 11��
�'cJ � Li . SU
1,�13.60
��6 � 74�?. 1��
�i:�,'7V.05
1',:�70.�?S/12= �1,114.17/lat
�2'�876.Up
1,4=',pi�
-F'LJ � �I��I. (1(,�
�1�,654.�?��
:�1<^,654.��j�/12= �l�OJ4.J1J�lOt
� 5,88{�.i>ii
?J�. f 1( 1
-�,�t--
# 6,�..__,.0��
West side of street - no laterals wer-e installed
East side of street= :£ 6,�3'.i�i�i12= i Si9.42/lot
Stor-n�i Sewer-
Constructon Total
West side of street=
East side of street=
Gr_ding °< Grayeling
Construction Total
Fngineer-ing 6%
West side of street=
East sicie of street=
� 8,54.���
:� 4,�67.15
� 4,�b7.1�/1�= � '�5.6!">/lot
#16�i���i.�ici
# 965.00
�17,i�45. iii�
� B � J��. �J� �
I' E�J��.J(II1�= '-E %1(J.L1�10�
- 28e -
Exhibit B �
Concr_te= F�aying
Construction Total
6% Engineering
West side af street=
East side of street=
RFSOLUTION # 23
�5�, 26��. OV
L :�,, 136. i�p
i'JJ�J96.Oi�
�'27 , 698. UO
�c%yh%�d.IJfi�1�= $G�.'(1�. i7/LOt
- 28f -
RESOLUTION # 23
DEVFLOPER'S AGREEMENT
FOR FZNANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60(18) of the
wisconsin Statutes providing for levying and a5sessing 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 waivet,
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 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
resolution adopted 22nd day of November, 1985, authorized and
directed the proper City officials to enter into an appropriate
agreement with the undersigned ownec to provide for full payment by
the undersigned owner of said improvements and related costs;
NOW, THEREFORE, IT IS AEREBY AGREED to by and between the City
of Oshkosh, a municipal corporation located in Winnebago County,
Wisconsin ("CITY") and Thomas N. Rusch Richard L. Gabe�t ("QWNER"),
in reliance on the representation and covenants made herein, as
follows:
1. Owner covenants and warrants that it is the owner of all
property described as follows:
Rusch and Gabert Subdivision (On Faimington Avenue)
(Block 1, Lots 1 through 3 and Block 2, Lots 1 through 4)
2. Owner has reguested installation by City of various
improvements to said property described as follows:
Sanitary Sewer
Laterals (7)
Concrete Paving
Water hiain
Grading & Graveling
Storm Sewer
3. City, or its designee, shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer.
1
�
resolution # 23
4. Special assessments may be paid 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 (10�) per annum on the unpaid
balance.
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 Section 66.60, Wisconsin Statutes
EXHIBIT "B" - Memorandum to City Attorney Relative to
Improvement Costs
(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
exhibits providing for developer-installed improvements.)
6. Owner, 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 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 (1) year from the date of sale. in the event owner
sells by land contract, the assessments shall be paid ir. 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.
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.
Dated:
In the Presence of:
, 1985.
(Witness)
(i9itness)
2
- 28h -
CITY OF OSHKOSH
By:
William D. Frueh, City [�lanager
And:
Donna C. Serwas, City Clerk
RESOLUTION # 23
(Witness) Thomas N. Rusch
(Witness) Richard L. Gabert
STATE OF WISCONSIN
SS.
WINNEBAGO COUNTY
Personally came before me this day of , 1985
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 known to be
such officers of said corporation, and acknowledged 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:
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this day of , 1985,
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 Public, N7innebago Co., S9is.
My Commission:
Approved as to Form and Execution
Warren P. Rraft, Asst.City Attorney
This document drafted by:
Attorney John W. Pence
City Attorney
Oshkosh, WI 54901
3
- 28i -
RESOLUTION # 23
WAIVER OF SF'ECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.bU, WI5CONSIN STATIJTES
The undersigned, owner o4 property 6enefited by the
following improvements to be made by the city ❑f Oshkosh,
Winnebago County, state of Wisconsin� to wit:
SANITARY SEWER, WATER MAIN, LATERALS� GRADIN6 y� GRAVELING�
STORM SEWEFi, 9i CONCRETE FAVING
In consideration of the construction of said improvements 6y
the city of Oshl::osh� Wisconsin� I hereby admit that such public
improvement wiil henefit said property and consent ta the levying
04 special assessments against the premises under Section 66.69
of the Wisconsin Statutes for the cost of such improvements. In
accordance with Ser±ion 66.bC�(18) of the Wisconsin Statutes, I
her�by waive all special assessment notices and hearings required
6y Se�tion 66.6n of the Wisro�sin Statutes; and i further agree
ar�d admit that the benefit of my property from tne canstructi�n
of s�_ich improvements is in proportion to the footage thereof:
U--�-!-iotion of F'remises
Fu=ch and Ga.bert Suhdivision (Gn Farming±on Avenue)
(=.�rj<; i, Lots 1 throuqh � and
HlorF:: i� LotS 1 through 4)
SA`JITARY SEWEn
t�JATEn MAIN
L'r?TcRALS (7)
S?�Fri SEWER
6^;ADI�� °< G_FA4'ELING
CONCRETE F'AVING
FENErITS
�#1i��7�'4.:'i�
� 9��47.71
� �,636.ixi
cC 4,41�>.i�ci
� 8,414.v0
3<8 � i �4E. i ��j
Sianat�u-e of Oxvner
THOMAS N. RUSCH
Street Address
Citv
Siqnat�u-e of Owner
Street Address
City
Dete:
--------------------
FICHARD L. GAb'ERT
- 28j -
DAi`tAGES
P�ONE
NONE
P�ICNE
NCNE
NONc
NONE
Exh. A
RESOLUTION # 23
To: Joh� F'ence, City Attorney
From: Edward F'otempa s^r/�
Da±e: Novem6er 18, 1995
Subject: IMF'ROVEMENT COSTS FOR RUSCH °< 6APERT SUF±DIVISICN
Following are e=timated improvement costs for Lots 1 through
3� P1ocF: 1, and Lots 1 through 4, P1ocF: �, for subject plat:
Sanitary Sewer
Constructon Cast �10,126.60
Engineering (6'J.) 6ci7.6V
t10,7::,4.2��
COST PER LOT=
Water Main
-----
Cons±ruction Cast t 8,7�4.�5
Engineering(6%) 5�'.46
Tib.�ii9��Si�E
Laterals
Construction Cost
Engineering 6%
COST FER LOT=
St�,rm Sewer-
-_---
Total Cost
GOST F'ER LOT=
Grading _< Grav_eling
Construction Cost
Enqineering 6i:
COST F'ER LOT=
Concrete F'a��i_ng
Construction Cost
Engineering 6i:
� 9��47.71
�:� , 43U. i>i �
�06.00
f3,63b.Ou
$4,41i�.ini
_�7 , 9�5. p0
470. � �� �
:FL��414.tii�
�-20 , 46i i. i �c i
1,�88.iri�
�28 � 048. i �i �
COST F'ER LOT=
Qwners of the plat are Thomas N
6a�ert.
�1�J�.J.4J
ti,'�1.1�J
� 519.4�
f 6:���.i�n
�1,�02.p��
�4 , p� �7. Ui�
Fusch and Richard L.
- 28k -
E�:h. B.
c-� , -= z
0
�'' 3
� .. �
.-. • N
� �' Z
Fv
'`� N
�'- . t0
�
�
�
�
�:_
�
c'� 3
� �
�
.-+ O
m z
O ••
a o
� o
� �
�
...J
�za
6 3 a
(D N -S
c�+ W �
C (D
N �.
C �-' O
Q 0. N
nm <
.-. -s r�.
�N
0
N U1�0
.�� C N
O Q 'S
� a
.� .•• ➢
< cn
.'• �
N (D
�� �
O �
7 N
7
S2� c �
�
C �
N
n �—
� �
�
w cP
�
a
�
m
�
N
W
{/. �
L!�
Ct�c-ti
�