HomeMy WebLinkAboutDevelopment Agreement/Soda Creek�
�
■
CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 113Q OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX (920) 236-5106
LETTER OF TRANSMITTAL
To: Premier Soda Creek LLC
(electronic copy from Econ. Dev.)
Attn:
Please find: � Attached
❑ Copy of Letter
❑ Meeting Notes
❑ Specifications
� Agreement
❑ Photos
❑ Estimates
❑ Under Separate Cover
❑ Amendment ❑ Report ❑ Agenda
❑ Mylars ❑ Change Order ❑ Plans
❑ Diskette ❑ Zip Disk ❑ Other
Quantit Descri tion
1 Electronic co of Develo ment A reement between Cit of Oshkosh and
Soda Creek LLC
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review & Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (copy)
City Attorney (copy)
Economic Development (electronic copy)
�_.
!. � ;�' I'I�I''��III!�IIIIIIIII
=��s,,
� �ocumentNumber oocumentTitle �:�1103950
_ 1693641
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
07/30/2015 3:22 PM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
PAGES: 27
Recording Area
Retum Address ,
osL, Gi� � Ps��
Parcel Identification Number (PIN)
THIS PAGE IS PART OF THIS LEGAL DOCUMENT - ll0 NOT REMOVE.
This information must be completed by submitter document title. name & retum address and PIN (if required). Other information such as
the granting clause, �egal description, etc., may be placed on this first page of the document or may be placed on additional pages of the
document.
WRDA Rev. 12/22/2010
f
DEVELOPMENT AGREEMENT
Premier Soda Creek LLC
4362-4400 Jackson Street, 4311-4391 Soda Creek Road
This DEVELOPMENT AGREEMENT ("AgreemenY'), made and entered into this
� day of ✓l Y� C/ , 2015, is by and between the CITY OF OSHKOSH, a
Wisconsin municipality with its principal offices located at 215 Church Ave., P.O. Box
1130, Oshkosh, WI 54903-1130, ("City") and PREMIER SODA CREEK LLC, a
Wisconsin limited liability company, with its principal offices located at 19105 W.
Capital Drive, Suite 200, Brookfield, WI 53045 ("Developer"):
RECITALS
Developer desires to construct a multifamily apartment complex development on an
approximately 17.5 acre parcel zoned for R-3, Multiple Family Dwelling District use
located at the east side of Jackson Street, south of Soda Creek Road and north of Kope
Avenue in the City of Oshkosh, (the "Property") more particularly described as follows:
Lot 1 of Certified Survey Map No. 6984, recorded on July 29, 2015 in Volume 1 of
Certified Survey Maps, Page 6984, as Document No. 1693496, being a part of the
Northwest'/< of the Northwest'/4 and the Southwest'/< of the Northwest'/4, Section 36,
Town 19 North, Range 16 East, 15th Ward, City of Oshkosh, County of Winnebago,
Wisconsin.
Developer has changed the street layout from the preliminary plat approved for
the area. The resulting layout would have created two dead end streets longer than
allowed by municipal code and two dead end water mains. The construction of a public
street with utilities between Jacktar Road and Soda Creek Road will create an
acceptable alternative to the original preliminary plat.
By Resolution 13-455 (October Sth, 2013), the Common Council conditionally
approved the planned development of the Project Site for a multipie family
development, east of Jackson Street, south of Soda Creek Road and north of Kope
Avenue, including construction of public road with driveway access between Jacktar
Road and Soda Creek Road. The Common Council conditioned approval upon the
Developer entering into an appropriate developer's agreement providing for the
payment by Developer of all costs for work associated with construction of the public
improvements and conditioned upon the Developer providing security for the proposed
improvements in a form acceptable to the City.
Developer shall install right-of-way and other improvements as specified in Article
II of this Agreement in accordance with the Project Plans and pay the full cost of such
1
improvements.
By Resolutions 15-216, on April 28th, 2015, the Common Council of the City of
Oshkosh authorized and directed the proper City officials to enter into this Agreement to
provide for installation of the improvements to the site development between Jackson
Street and Soda Creek Road and payment by the Developer of all costs pertaining to
the Project and approved initial and final resolutions and accepted the waiver of special
assessment notices and hearing pursuant to Section 66.0703 of the Wisconsin Statutes
for inspection services pertaining to Developer's installation of the improvements listed
in Article II.
NOW THEREFORE, in consideration of the foregoing recitals that are
incorporated herein and made a part of this Agreement, the promises, covenants and
agreements contained in this Agreement and other good and valuable consideration,
the receipt and sufficiency of which are acknowledged, the Developer and the City
promise, covenant and agree as follows:
THIS AGREEMENT is made pursuant to Section 66.0703 of the Wisconsin Statutes
providing for levying and assessing the cost of various improvements to the property
herein described.
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
A. "Completion Date" shall mean July 15th, 2016 or such date as the City
Engineer certifies that all improvements within the public right-of-way and
Winnebago County Park pertaining to the Project have been completed and
accepted by the City, State of Wisconsin DOT and Winnebago County whichever
is earlier.
B. "Proiect„ means the construction of right-of-way improvements including
construction of the roadway of Soda Creek Road, the median on Jackson Street,
as required by the Wisconsin Dept. of Transportation, and the paved pedestrian
trail all adjacent to a proposed multifamily apartment complex on Lot 1 CSM
6984 within the City of Oshkosh, all in conformance with the approved plans and
in compliance with City of Oshkosh Standards and Specifications, Winnebago
County Specifications or Wisconsin Department of Transportation Specifications,
whichever is relevant, and as shown on attached Exhibit A. The City of Oshkosh
shall have the right in its sole discretion to stop work on the Project Site and work
directly affected on the Property if right of way work is not being done according
to the Project Plans or Property work is not complying with terms of the
agreement.
2
The Project also includes construction of a pedestrian trail, a wet stormwater
management basin and the related storm sewer piping and ditching within
easements on the Property.
C. "Proiect Plans" means final detailed plans and specifications for the
Project as approved and on file in the City of Oshkosh Department of Public
Works. See attached Exhibit A for approximate work area.
D. "Proiect Site" means the right-of-way and Winnebago County Park land
adjacent to the Property and easement areas granted to the City of Oshkosh
within the Property as shown on attached Exhibit A.
E. "Propertv" means the parcel of land comprised of an approximately 17.5
acre parcel zoned for multiple family dwelling use located at or near the
intersection of Jackson Street and Soda Creek Road within the City of Oshkosh
and the adjacent right-of-way areas more particularly described above in Exhibit
B.
ARTICLE II. Project Overview. The Developer will construct the Project on the
Project Site in accordance with the Project Plans as approved by the City of Oshkosh,
Wisconsin Department of Transportation and Winnebago County.
Work within the Jackson Street Right of Way is to be done in accordance with the
Wisconsin Department of Transportation's approved plans and State of Wisconsin
Department of Transportation Standard Specifications for Highway and Structure
Construction.
Work within the Jacktar Road and Soda Creek Road Rights of Way and all work done
within easements granted to the City within the Property shall be done in accordance
with City of Oshkosh approved plans and Standard Specifications for City of Oshkosh,
current version at the time the work is performed.
Work within the Winnebago County Park shall be done in accordance with Winnebago
County approved plans and specification.
ARTICLE III. Stormwater Management Responsibilities. The Developer shall
maintain all current storm water management requirements. Prior to Developer's
acquisition of the property, recorded agreements were in place to provide storm water
management for Anders Plat, located to the north of the proposed muitifamily
development the Developer will be constructing. The Developer has submitted an
approved grading and drainage plan that is compliant with the storm water management
requirements for the proposed development and existing Anders Plat developments.
No Occupancy permits will be issued for any buildings until an "as-builY' grading and
3
drainage plan has been approved by the Department of Public Works. At a minimum,
the as-built plan shall show all drainage features, and lot line grades. The as-built plan
shall be certified by a Professional Engineer (PE) or a Registered Land Surveyor (RLS)
licensed in the State of Wisconsin to be in compliance with the grading and drainage
plan approved by the Department of Public Works. All storm water management
facilities shall be compared to the original design. Any deviation from the design shall
be noted, and the Department of Public Works may require the Developer to confirm
that the as-built facilities comply with the storm water management ordinance.
Notwithstanding anything to the contrary and by way of clarification, the City's Building
Inspection Services Division shail issue occupancy permits upon compliance with the
provisions of this section and upon the completion of each building within the Project
including compliance of all state building codes. The City's Inspection Services Division
shall not require the completion of all buildings within the Project as a condition to the
issuance of an occupancy permit for each building within the Project as each building is
completed and readied for occupancy.
Incorporated by reference within this Agreement is the approved grading and drainage
plan as required by Chapter 14 of the Oshkosh Municipal Code. These plans shall be
adhered to and maintained by the respective lot owner(s) in a manner which is
consistent with the original design, function and capacity of the plan. If the respective
lot owner(s) fail, in the sole, but reasonabie judgment of the City, to properly maintain
the grading and drainage plan, the City shall give notice of such fact to the respective
owner(s) who shall have the time specified in the written notice to correct the
deficiencies (the "Notice"). The Notice shall, except in case of emergency in which no
Notice needs to be issued, specify the amount of days to resolve the deficiency in
accordance with the City of Oshkosh Municipal Code. Except as limited above, if the
owner(s) does not satisfactorily complete the work within the time allotted, the City may
enter the property, using its own employees and equipment or contracting with others to
complete the work. Developer hereby grants in perpetuity to the City reasonable and
appropriate access easements over the Property for such purposes. Cost incurred by
the City will be levied against the respective lot(s) as a special charge pursuant to
Section 66.0627 of the Wisconsin Statutes. This provision constitutes Developer's, and
any respective lot owner's, waiver of the notice of hearing and hearing otherwise
required by Section 66.0703 of the Wisconsin Statutes. This covenant is intended to
run with the land and to survive any subsequent divestiture of title by Developer, or any
respective lot owner(s) to any successor in title but is not intended to benefit third
parties who are not a party to this agreement.
ARTICLE IV. Covenants of Developer. The Developer represents and agrees as
follows:
(a) Developer covenants and warrants that it is the owner of the Property.
�
(b) The undersigned individuals have the authority to sign this Agreement on
behalf of Developer and to bind Developer to the terms and conditions of
this Agreement.
(c) The Developer shall cause the Project to be constructed in a good and
workmanlike manner and substantially in accordance with the Project
Plans and will promptly correct any defects in any construction or
deviations from the Project Plans, which deviations were not previously
approved by the City in writing. Developer shall guaranty such work for a
period of two (2) years as provided in Articie VI. B. of this Agreement.
(d) The Developer shall not, without the prior written consent of the City,
approve any change or modification in the Project by change order or
othenvise that would cause the Project to be materially inconsistent with
the Project Plans or this Agreement.
(e) The Developer shall permit the City and the City's construction consultant
or inspector, at all reasonable times, to inspect the Project and ali matters
relating to the development thereof. The City assumes no obligation to
the Developer for the sufficiency or adequacy of such inspections, it being
acknowledged that such inspections are made for the sole and separate
benefit of the City. The fact that the City may make inspections shall in no
way relieve the Developer from its duty to independently ascertain that the
construction of the Project is being completed substantially in accordance
with the Project Plans.
(f) The Developer shall have in effect at all times, all permits, approvais and
licenses that may be required by any governmental authority or
nongovernmental entity in connection with the construction of the Project.
(g) Developer shall pay for all work performed and materials furnished for the
Project as and when due.
(h) On or before the Completion Date, the Project shall be completed (subject
to matters of force majeure), and the right-of-way areas shall be open and
ready for public use.
(i) Developer shall conform and comply with, and wili cause the Project to be
in conformance and compliance with, all applicable federal, state, local
and other laws, rules, regulations and ordinances. Developer shall
secure all necessary plan approvals and permits prior to beginning
construction activities.
(j) The Developer shall install, and the City expressly consents to Developer
F7
installation of the following improvements:
Sanitary Sewer and Laterals, Water Main and Laterals, Storm Sewer and
Laterais, Sidewalk, Grading and Graveling, Concrete Paving, Street
Lighting and Paved Pedestrian Trail.
All services and installations shall be according to plans and
specifications, and subject to the approval and acceptance, of the City
Engineer.
(k) Developer shall install public improvements including the asphalt paving,
median construction, and driveway access along Jackson Street
according to the current version of the Wisconsin Department of
Transportation Construction and Materials Manual and the Wisconsin
Department of Transportation Standard Specifications.
(I) Developer shall maintain two lanes of traffic, one lane in each direction, at
all times on Jackson Street. Developer shall maintain counter directional
traffic on existing Soda Creek Road and Jacktar Road at ail times.
(m) Contractors, suppliers, employees, agents and others associated with
construction on the Property shall use the driveway access on Jackson
Street only to access the site.
(n) Developer shall cause the General Contractor to obtain a single Right of
Way Permit for all work performed within the City of Oshkosh right of way
as required by Project Plans.
(o) At all times when a contractor is working in the right of way, a city or state
approved traffic control plan must be implemented.
(p) Developer shall use epoxy in all pavement markings, in accordance with
the current version of the Wisconsin Department of Transportation
Construction and Materials Manual and the Wisconsin Department of
Transportation Standard Specifications.
(q) Developer agrees to grant all necessary easements necessary for the
installation and maintenance of public facilities.
(r) Developer shall construct and maintain a ten (10) foot wide paved
pedestrian trail from Jacktar Road to the east property line of the Property,
with the location approved by the Winnebago County Parks Department.
Construction of the trail will be at the Developer's expense.
�
(s) Developer shall construct a ten (10) foot wide paved pedestrian trail
connecting to the terminus of the trail on the Property and running east
within the County Park property and connecting to the internal park trail
system as approved by the Winnebago County Parks Department as
shown in Exhibit A. Winnebago County Parks Department will maintain the
trail within the County Park property. Construction of the trail will be at the
Developer's expense.
(t) The Developer, or its designee, at its cost and expense, shall
construct, install, maintain, repair and replace a pedestrian path on the
Property as detailed in the Project Plans. The Developer's maintenance
and repair obligations shall include both day to day maintenance and
repair, including snow and ice removal, and extraordinary maintenance,
repair and replacement of concrete surtaces as necessary.
(u) Developer shall prepare a legal description for the center line of a 20'
construction easement to be granted to the Developer and approved by
Winnebago County for constructing a trail on Winnebago County property
as described in Exhibit C.
(v) Failure of Developer to construct a paved pedestrian trail from Jacktar
Road to the east property line on the PropeRy and into the Winnebago
County Park trail system shali result in the city drawing upon the
Developer's letter of credit or performance bond for construction costs
associated with construction of the paved pedestrian trail.
(w) Term: The provisions of this Article are intended to run with the Property
and to survive any subsequent divestiture of title by Developer or any
successor in title.
ARTICLE V. City Services.
Deveioper has requested, and consents to, services from and installation by City of
various improvements described as follows:
Survey and Inspection Services for Private Construction of the Project.
Pursuant to Section 66.0703 of the Wisconsin Statutes, the City has levied and
Developer has consented to the levying and assessing of the cost of various
improvements for the benefit of the Property.
The attached exhibit, acknowledged by City and Developer as being true and correct, is
�
incorporated by reference as if fully stated herein.
EXHIBIT "D" - Waiver of Special Assessment Notices and
Hearing under Section 66.0703, Wisconsin Statutes
It is specifically understood by and between the parties that the amounts set forth in the
attached Exhibit "D" Waiver of Special Assessment Notices and Hearing under Section
66.0703, Wisconsin Statutes are estimates only. Assessments shall be based upon the
actual costs of services and construction. In the event that the estimated cost exceeds
the actual costs of services and construction, the Developer shall be responsible only
for the actual cost of construction. in the event that the actual costs of services and
construction exceed the estimated costs, the City shall be entitled to assess the
property for any excess costs pursuant to statutory notice and hearing or upon
execution of an appropriate waiver.
ARTICLE VI. Payment for City Services and Financial Guaranties
A. Pavment for Citv Services. The Developer shall supply a cash deposit in the
amount of $18,033.60 for survey and inspection fees as shown on attached
Exhibit "D" which shall be drawn upon by the City for payment for the services
provided.
B. Financial Guaranties. Prior to undertaking any work within the right-of-way,
Developer shall file a two (2) year pertormance bond or letter(s) of credit, which
shall be renewable at the option of the City of Oshkosh if such construction has
not been compieted within the period specified above and which meets the
approval of the City Attorney, which shall guaranty Developer's performance of
any privately constructed improvements as set forth in Exhibit "D" attached
hereto. Upon verification that such construction has been completed, accepted
by the City and warranty bond or letter of credit filed, the performance bond or
letter of credit shall be extinguished and released.
After written acceptance by the City of the privately constructed improvements,
Developer shall submit a warranty bond or letter of credit in the amount specified
in the attached Exhibit "D" as a guarantee of such improvements for a period of
two (2) years from the date of acceptance. The Developer shall be responsible
for repairs to said privately constructed improvements during this two (2) year
guaranty period. If Developer fails to make any necessary repairs, within thirty
(30) days of receiving written notice from the City, the City may make such
repairs and draw upon this letter of credit or performance bonds for payment in
addition to any remedies available to the City under Article VI herein.
Failure to file an appropriate bond shall entitle the City to stop all construction
0
work upon the Project Site and Property including construction pertormed by
private contractors, by notice to the Developer and any contractors. Notice may
be given personally to an individual representative of the contractor or Developer
and/or sent by mail to the Developer or contractor. If construction work continues
without filing of an appropriate bond, the City shall be entitled to seek an
injunction to prevent further work on the project until such time as an appropriate
bond is filed and to seek such other and further relief as may be deemed
appropriate. In addition to any equitable relief, the City may seek monetary
compensation for any damages actually incurred and upon judgment shall be
entitled to its costs and fees in pursuit of any action under the terms of this
paragraph.
ARTICLE VII. Remedies for Default. In addition to the remedies for default provided to
the City by the financial guarantees contained within this Agreement, the City shall have
the right without notice or hearing to Developer, or any successor in title, to impose
special assessments for any amount to which the City is entitled by virtue of this
Agreement upon the Property. With respect to defaulting Developer, this provision
constitutes Developer's consent to the installation by the City or designee of all public
improvements and remediations required by this Agreement including, but not limited to,
the restoration of the Project Site to its pre-project configuration and constitutes
Developer's, and any successors in title, waiver and consent to ail special assessment
proceedings as described in Section 66.0703, of the Wisconsin Statutes. The remedies
provided in this Agreement are not exciusive. The City may use any other remedies
available to it.
0
ARTICLE VIIi. LIABILITY AND INDEMNIFICATION
No Personal Liabilitv. Under no circumstances shall any council member, official,
director, attorney, employee, or agent of a party have any personal liability arising out of
this Agreement, and no party shali seek or claim any such personal liability.
IndemnifiCations. The Developer covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands which may result from the
intentional or negligent acts of the Developer, its agents or assigns, its employees, or its
contractors or subcontractors related however remotely to the performance of this Agreement or
be caused or result from any violation of any law or administrative regulation, and shall
indemnify or refund to the City all sums including court costs, attorney fees, and punitive
damages which the City may be obliged or adjudged, by a court of competent jurisdiction, to pay
on any such ciaims or demands within thirty (30) days of the date of the City's written demand
for indemnification or refund for those actions, claim, and demands caused by or resulting from
intentional or negligent acts as specified in this paragraph.
ARTICLE IX. GENERAL PROVISIONS
Entire Aqreement. This Agreement supersedes all other agreements or other
understandings between City and Developer, whether verbal or written, concerning the
Property, the Project, the Project Site and any other matter related thereto and it shall
inure to the benefit of and shall bind the parties hereto, their respective heirs, executors,
successors or assigns.
Modifications. This Agreement may be amended or modified only by written instrument
duly executed by, and delivered to both of the parties hereto.
Severabilitv of Provisions. In case any one or more of the provisions contained in this
Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if the invalid, illegal or unenforceable
provision had never been contained herein.
Time of Essence. Time is of the essence.
Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original.
Headinqs. Descriptive headings are for convenience only and shall not control or affect
the meaning or construction of any provision of this Agreement.
Assiqnment. Provisions of this Agreement shali inure to the benefit of and be binding
upon the successors and assigns of the parties
10
No Joint Partnership. Nothing contained in this Agreement or any other documents
executed pursuant to this Agreement shali be deemed or construed as creating a
partnership or joint venture between the City and the Developer or between the City and
any other person, or cause the City to be responsible in any way for the debts or
obligations of the Developer or any other person or cause the Developer to be
responsible in any way for the debts or obligations of the City or any other person.
Each party represents, warrants and agrees, for itself and its successors and assigns,
not to make any assertion inconsistent with its acknowledgement or with the
acknowledgement and agreement contained in the preceding sentence in the event of
any action, suit or proceeding, at law or in equity, with respect to the transactions which
are the subject of this Agreement and this paragraph may be pleaded and construed as
a complete bar and estoppel against any assertion by or for a party and its successors
and permitted assigns, that is inconsistent with its acknowledgement and agreement
contained in the preceding sentence.
Force Maieure. If any party is delayed or prevented from timely pertorming any act
required under this Agreement other than the payment of money, by reason of fire,
earthquake, war, terrorist act, flood, riot, strikes, labor disputes or shortages,
government restrictions, judicial order, public emergency, or other causes beyond the
reasonable control of the party obligated to pertorm, the performance of such act shall
be excused for the period of such delay and the time for the performance of any such
act shall be extended for a period equivalent to such delay.
Recordinq of Document. A memorandum of this Agreement may be recorded in the
office of the Register of Deeds of Winnebago County, Wisconsin. This Agreement
inures to the benefit of the City and its successors and assigns.
Construction of Document. This Agreement is the product of negotiation between the
parties hereto and no term, covenant or provision herein or the failure to include a term,
covenant or provision shall be construed against any party hereto solely on the basis
that one party or the other drafted this Agreement or any term, covenant or condition
contained herein.
No Third Party Beneficiaries. This Agreement is intended solely for the benefit of the
Developer and the City, and no third party (other than successors and permitted
assigns) shall have any rights or interest in any provision of this Agreement, or as a
result of any action or inaction of the City in connection therewith.
Governinq Law. This Agreement shall be governed by, and construed in accordance
with the laws of the State of Wisconsin.
Litiqation. In connection with any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover all costs incurred, including reasonable attorneys' fees.
11
Waiver of Trial bv Jury. EACH PARTY TO THIS AGREEMENT HEREBY WAIVES
TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, OR COUNTERCLAIM,
WHETHER CONTRACT OR TORT, AT LAW OR EQUITY, ARISING OUT OF OR IN
ANY WAY RELATED TO THIS AGREEMENT.
Interest Rate on past due amounts. All amounts not paid when due hereunder shall
bear interest at the rate of twelve percent (12%).
Other Aoprovals. Nothing contained in this Agreement is intended to or has the effect of
releasing the Developer from compliance with all appiicable laws, rules, regulations and
ordinances in addition to compliance with all the terms, conditions and covenants
contained in this Agreement. In addition to any approvals required under this
Agreement, the Developer shail be required to obtain all approvais, consents, and
licenses as may be required by any governmental or non-governmental authority in
connection with the Project, including, without limitation, all building permits, Project
Plan approvals and zoning approvals. The Developer's compliance with the terms of
this Agreement shall not relieve the Developer from complying with all applicable
federal, state and local laws, rules, regulations and ordinances in connection with the
Project and to the extent any governmental or non-governmental entity imposes
different or more restrictive conditions on the Developer or the Project, compliance by
the Developer with the terms of this Agreement shall not relieve the Developer from
complying with such different or more restrictive conditions. Likewise, any less
restrictive conditions imposed on the Developer or the Project by any govemmental or
non-governmental authority shall not relieve the Developer or the Project from
compiying with all of the terms and conditions of this Agreement.
(Signature Pages to follow)
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
CITY OF OSHKOSH
��ec�-- 3� lZs���
Mark A. Rohloff, City Manager
--_ -_
� �� � � l
Pamela R. Ubrig, Ci y lerk J
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this /- �� day of � 2015, the above
named Mark A. Rohloff, City Manager for the City of Os kosh, and Pamela R. Ubrig,
City Clerk for the City of Oshkosh, to me known to be such persons who executed the
foregoing instrument and acknowledged the same, for the purpose herein contained.
�'It,r�u��� t` . r�r,.�1�.�,r'��1
Notary Public, Winnebago Count�Wisconsin
My Commission expires: iC J 3 i� 1�
By: _
JOE A.
STATE OF WISCONSIN )
) ss.
WAUKESHA COUNTY )
EK LLC
ability Company
Agent
/
Personally came before me this � day of Ju.wwe-- , 2015, the above
named Joe A. Goldberger, Authorized Agent of Premier Soda Creek LLC, a Wisconsin
Limited Liability Company, to me known to be such person who executed the foregoing
instrument and acknowledged the same, for the purpose herein contained.
=`,= � o��.c�,(.�,��-0� �y�o�
'� l�'� ��'�. �lotary Public, aukesha County, onsin
��:, A Fi1y Commission expires: LP- I-ri - I�p
� v�•., UBLI��
; r• •- ..�� �: �
.p �F �...... 0;;.9 ,,..
`"°•�,��v�s„t.�`` 13
This Agreement was drafted by:
Attorney Lynn Lorenson
Oshkosh, Wisconsin 54903-1130
14
�
.�
S
w
�
�X►�; h�� 1�
5 i
£ [RK 1�'A�91�1] %��a `�'�`S
d a C� � aem u'°a'° °mr
� � z o� aaerem ya�o�ua aa-.,.,�z .,���..a
!'
�� _
����
p a
f�5° .._.s._..
U��Skz re-� .._T____._�_'�_____.._
4 3 ":
� � 4 _ _____ ..
�e2§� �-rj r-_- /�-_-------T�...,q'..___- --
aigos I _ _ I —t
�js'e �. I� I. ''M I i
� �as � . I � i. � ��� „,� I : �� 0
��aa� I I I � °EE � � v ��
yz i . � �- _ II � —
�3�,C. � � I 1� �
F..Y9z �I 6I.I� �. �� �— � _1
s'g pi � r -�� _ - aW �, �
�,��y P� SI�I I g .
� � y I I �
I €� I °� ��I ' � �
� �
I �
� ����,� ,�m I�^ i� � i I
�--�.lii o �,� i�� I�� i �
f3 I' Ixl�� I II � .,II I I
� � �
� ` �4 � I _ _ -''Y � I �I �
- - �� I � {�J I �gy S �, I � �
.. _. 1} ' Ij d&� ���li ? III II .
��.� �.
._— �.- I �� �O �i� p i'I � a g �� li 3
�1 4i � % i� ;_ �.1�� � � � � ��
:I 5�'�;��.,; '�� ���--���C
� K �' �--- a�_. -�
,� i g � � � _ �
ii i'fi'L. i ii .
_ _ ;' -
„d.,n� � �/ €§� � �� `i
_ __._ - � �, 4 � v
— —
��< <
'� i y $s
L7� S
a� � 5
. l � �
'
��,}i� .
,� �
I I �
.` a � ' �. ; � �
� �� � ��. � 3
��—
��� � ,�
WSN�J911 'IISOIDI50 d0 Atll 3� Q
11Cflidv0h9a �� � � (�
tM�M �P.I NsXC� A'IDI�tl -tE'IM �SOdOtld E�. Y
'!� 91RlOCN I�V
a a a o
i '
1 i�- �— � � �i
�Y^ 1 � _
-___� I a"
��I ` : . , �
� � � t e E'
I ' � ? ° ° �_
Rt� ��6i��j�h e±_,
�� ����� , ;i� € �;,.
- � ��, � �; �Fs s � �� � g�;
� � P� i3: t 5` ,ez
��4 ��s i E •f 's � a€F�
I � iyy $�� � k�± a%$ Pst
� Fgs }}Ea� t iis+ Ha ='
< ;3 O �I�.., � 1i6 �4��� ��3; is ii�
,
� " I�� A �� ` { e �pg't,
�� . � s z �.iF 7 j' i§ Eng 9t
� � �E �(:°.�4 3 � I (f��
�� ����� 4 �}�d.�F���1�� �i�!'9i'Ss
i j�
°„ � i
- �
�� �
i _� �t �
lal � �
�p i'I r` .
_ i, a-
�i�', I; � ��
��� �a t�.
�,
' i� � � Y�
� ,
� i � .
w !
O _ _ w O.�
`'O�, - i� I .�... �,,... .� .._,
O �
J � 3 d
���- - --� 6�. s
i=
si �
�€ E �KY.:
4rvo�
, �g��W
W; a"e€,=
�. �t��t�����
E `�'Y�'.
e _
� S ��' i
� 5� t %���yi e ;
g �L �tl�Y 43p33¢Y��A�� ; 2 :
a i�q$� i 4 �FB�3 p� � �q �e�.
�e� €a�A �� �y��a�] 3- 3�J�4�4�9yS� �S
�� ��pr �8�4 svve sx�BadtFYBpF'� ' `
#�§ �gE�a@ R3pC �a�aa aaoo 8a5433�s 4
�.e �� �
� i
�I I
� L �,
(,xh�b��- (� i�f �I
I'�lil I!I�I!I I!II i�l I'�
az3ooso
Tx:4,6�802
� C94gU
CERTIFIED SURVEY MAP
RETRACEMENT OF LOT 1 OF CSM #6956
A RETRACEMENT OF ALL OF LOT 1 OF CERTIFIED SURVEY MAP N0. 6956, RECORDED ON JUNE 23,
IN VOLUME 1 OF CERTIFIED SURVEY MAPS, PAGE 6956, AS DOCUMENT N0. 1690487,
RECORDED W THE REGISTER OF DEEDS OFFICE, IN AND FOR, WINNEBAGO COUNN, WISCONSIN.
rouxn vr. / i�i
NQPMW£SI CORNER
SEC.l6. T19N-Rf6E
PK HVL F01/N�
(N 19)0�6.J1]. E >9�6Y2.I08)
8 -v.uwsow 11*�H_
_=�oer___ ma1�14�_�£LLL
8 MVI{']I£ !2A'
� wwm•ssw ,a.n•
rll f�tf.v4 u.0�)�
yro.r .
c � � ��
[ es.d•
vrw+[n W�' (wc
sx r rcx
}orL
SL�'Ls
NOTE: REFERTOSHEET3
FOR DEfAILS Of EXISTING
EASEMENTS
��iYSYM b.�!'
_�-x++sau s'—
_a�„EO� �. ��,�,_
-�Lu�ynTrEVVdL-
ovmxo2 �E'453*nor_
couurr rr. f ,ss
w. r/. comlrn
SEG J6. T19N-Ribf
LEGEND
� 2' IRON PIPE FOUND
� 1' IRON PIPE FOUND
nn aeeoaoeo oisrnNCes
S�SL � RI �
£'wX^! : S.CI
�QL IyorL I bci��no
usu� •
��9Vd']3£ ID.U' I
�aiar.ius�
-T „�a,. I
\ %�� 1
`Yr�rtm a
� sxls�i�-r a r�an acn'wts � i
aws nec �
p�pp (f%Gw YE1Wtl0.YIMYI
� � �`�
I ��� F
I.O_fl � ���= � �
15588�Y I
1'I559 �LWS I I� y
1� I ' ��
�� �
-- �\ I��
iFN:F mV1lA 6
11" 11%III V 1/K
iF)l:E CCVEY6'�\ 4MRH lf IlF\\ \ � �
0.5' KRIM � \ �{dY' ffMEY 6l \ I. �
iFll'F [YMIIFR 6 J MWIX C£ INE�
pl M1l^LPIY INC
,orL I y4.Zl yoril 1oSi I yor� I imi � yorL � o�� � 1oSL
�.uy�n � Yi?;Fw2h_; c.wy e; csup� i csu�z. �� rsMliffi i� gY? d
I I I I I I I I
W111 IIIII/II/
`,,��\SCONS,,,,,
/,} �%�
Y
BEARINGREPERENCE�TOTME `�f,' D;NNIS1. '.,��
wir�ueenGOCOUrrirCOOaolr+n� _ ��{giSTIF
SYSTEM WITH TME WEST UNE OF iNEL
NW1I40FSECTION36BEARING � $���Ji
S00'03'S3'E. _ �ifYYn BOy, .
zoo a zoo - �'••. w�:. , 'a ,d
', `9•• „�� C;
Snie:t'=200' ''��'�iN� Sl1R�.±o•
I, DENNIS CHRISTIE, REGIS7ERED LAND SURVEYOR DO HEREBY CERTIFYTHAT I
HAVE SURVEYED AND MAPPED ALl OF LOT 1 OF CERTIFIFD SURVEV MAP N0. 6956
RECORDED ON JUNE 23, 2015 IN VOLUME 1 OF CEftTIFIED SURVEY MAPS, PAGE fi95G,
AS DOCUMENT NO.'1690487, RECORDED IN THE REGISTER Of DEEDS OFFICE, IN AN�
FOR, WINNEBAGO COUNN, WISCONSIN. SAID UJJDS ARE LOCATED IN PART OF THE
NW 1/4 OF THE N W 1/4 AND THE SW i/4 OF THE NW 1/6 OF SECTION 3fi, TOWNSHIP 19
NORTH, RANGE ifi EAST,tSTH WARD, CITY OF OSHKOSH, WINNEeAGO COUNN,
WISCO N,MOREFULLY SCRBEDONSHEET2.
� _ ,� � �--
DEN J.CHRIST 5-1452 DATE
JMM CONSULTIN , LLC
8a0CHALLENGE DRIVE-SUITE140
GREEN BAY, WI 543H
SHEET 1 OP 4 I
� �
�x�� bi�- G 2�r �I
SURVEYOR'S CERTIFICA7E CONTINUED:
� �
�
Commencing m Nc NW Comrr of said Settiou 36, a PK nail fouud; [tirnce S 00° 03' S3" E(reco:ded as S DO° 24' aa" V.�, aloog Ghe Wesc Livc of said
Scction 36, 667.OB feep [hence N 89° 14' 12" E, a220 ket ro the Fest nght-of-way ("ddw") line of Jeckson Svicet (S.T.H. "96'�, beiug thc NW Comer
of Lot 1 said CSM No. 5245 evd Ne Poine o[Begiruwg ("POB"); Nence c000nuing N 89° 14' 22" E, 359.98 @e4 thrnce N 00° 09' 32" W alovg Me
W est lint ot Anders PIe; 4911 feer, thence N 69° 16' 03" E, 80.00 f¢t to Ne SouN nghtrof-waY oCthc ocw Soda Creck Road; Iheuce 125.66 feel along
the Smth ngSFOf-way of tl�e new Sode Cmek Aoad avd being a curvc m Ne leR having a radius of 80.00 feet and being subtrnded by a 113.Id foot chord
bcaring S 45° 43' S]" E; thcncc N 89` IB 03" E aloog tbe Sowh ngLtro4way oC[hc new Soda Creck Road , 200.00 fee4 ��� �25.66 @et elong[he
Sowh dp�tof-wry of ihc new Soda CreeY Road md being a curve to Nc left having e adius of 80.00 fect avd being mbmnded by a 113.14 foot chord
bmnng N 44° Ib' 03" E; thenct N B9° 16' 03" E, 120.00 Ceek �cvcc S 00° 09' 32" E, C9.42 fec4 ��� �`N' Comcr ofLot I of said CSM No. 5854;
[hrnce N 89° l4' 22" B, 327J0 Cecq iLenec S 00° 11' U" E, 666.L fce[ m Ne SE Come( oCLOt l otsaid CSM Na. SHSd', chence S 89° Il' S'i" W,
222.11 &eS ��� SE Comcr of Lo[ 2 said CSM No. 5245; Nmce S 89° 10' S4" W, ]24.07 fmr, 0ence N 00° 01' 10" W, JISB6 m Ne SE Comw of Lo�
1 of seid CSM No.5245; tM1<vw S 89° R' 33" W, 348.63 &ct w t}ro Fxst do/w linc of Ieckson Strce[ (S T.H. "'/6'�; thrnce N 00° 00' 41"E, aioog said
Fast do/w Iwe, 32626 fceq thenu N I l° Oi' 32" E, alang said EaztrloN linq 25.85 £at �n tl+c POB.
� SaidPazcelconteas7SS,B87sqvarefect(1735Jacrrs),mmcw7ess,endisallofParedIDNo.
IS-3244-07-00 (I.ot 1 CSM p695fi), in tAc Ciry ofOsYJcosh, Wiviebaga Cowry, Wiswusin.
Ifia[ 1 have made mch map a comcvepresv�Gtiov o[ill ofthe ex¢rior bouudancs of Nt Imd swvryed and is e
:oertct rep�eseotation of ihe parcels and eazemrnh o[ mwrd wvtaincA within said boundarics. That this cemfied
',urvey map is not s division ofproperry bu[ soley a retracemevt aud depicnon of Ne land bowdaries and
:azemm6 of mcord atRcfing Lot 1 of CSM # 6956, and recordeA on J�ue 23, 2015 in Volume 1 of
�enifmd Survry Maps, Pege 6956, es Docwvrnt No. 169048], recorded in Nc Register of �eeds Office, m
md foL Wiwcbego Couury, Wiswnsin, Tnatt6c map docs mo crcace ad�i4onal l06 ttut ere no[ oCmcort
°uMu �hai I mede such survey end map a� Ne di�xctioo o[ the Owners of said lands Iiste4 hereon. That I have
;omplied with Ne vrovisions of CAapter 23634 oCrLC Wiswrtsm Spmces and Nc requvemrn6 of the City of
Jshkosb end Winncbago Comcy, Wismnsiq in s�uvrying and mapping tha same.
Jate. /�I�IJ �
ennis J. Christi LS k 1A52
Q� �
a� ��
x � ��
W � �' I
U� mf
�G� �
OI
�,
SF
N89'
iT� �ENNISI.
CN4i5AF
5 IdSZ
'. Graen Boy.
''., Wis.
�i, (�. '' ..... .
L2�.____.J 26,053 SF DEDICATED � _L077__
` FOR STREEI PURPOSES i CSM 5246
\� �����������F��������
N89' 16"03'E ; 200.00
� ' ' _ ' ' _ ' _ _ ' ' _ _ ' ' ' ' _ ' ' '
CVRVE TnBIE 2,526 SF
NUMBER CHORD OIRECTION RFDIUS ARC LENGlH CHORO LENGTN
C1 5 19'56'39' E 80.00' S3.65' SY.65'
C2 N 3T19'S�' E B0.00' 106.25' 98.61'
L1NE TABIF
NUUBER LINE DIRELTION LINE LENGTH
U S 00'09'32' E 49J3'
L2 N 8996'03� E 17.82'
1� S aV09'}T E 22.74'
�� N 99'1603� E 60.00'
LS N 00'09'32' W 100.00'
p� �
O� �
�[G I �I
6� ��
�) m I
�� �
/ L4
60 0 60
Snle: 1' = 6a'
SHFFT90F6
� �
�Xh'b'� p �a� �
�`'"SCONS''-.
.,�s�� iy
�{'j.' DENNIiI. �'
CHRfSAf
S-1 a52
� Groen Boy. /.�
�
I
�
�
�
I
I�
I
��
a
7
ry�" / el
/�,�-I$ �
d .
_�
�
§
�
€
�
�
� �
�
�
£� �
��
e I �
�
�
1� e
� r
� I
r � � � �
� vJ � � I
W VI
a I D� oy � � � �
� n
��y � rg
� � � ��� �
�— e.
� � �- - �.� ,-,.r ;
y � ;I
rr-----------:r--------------�f.
-- ' � L•��j �r �
�
� � �� E
� � _1 �� � _
J �
I �.w
— — 361ri � �nrn u�i.�r —
--�--��--� marT.,i—ieav��---
�—�
€s I
�B �
�
� �
�4
I
L
SHEET 3 OF 4
� `
I� � d� �� 6� i F� �l r�' �
COkPORATE OWNERS'S CERTIFICATE:
As O�er of Pazccl m No. 15d244-01-00 (iut 1 CSM #fi956), I, Mr. Calvin M Akiq am auNoeized m sign on
bcLelf of Prtmicr Sode Crak, LLC, a Wisconxiv Limitcd Liability Coryomtion, and Ihat I hereby ccrtiry Nat I
wuscd the land described on �his Cemfiw' Sucvey Map W be sucveyed aod sappeA as ttpcesenv.d hereon.
_4 � . "5� . � .
Mr. Calvin M. Akin. Manaqlnq Member
STATE OF WISCONSIN )
1, � ss.
COUNTV OF M.CE� )
4 day of ��- 7 , 2D15, �he above nametl
, to me known to be ihz person(s) who executetl V,e
� �
� (�
' ntorTypeName� -fv6d. f�y_SORSit/�M _ =O� `�C����
otary Pu�lic, Sfate o( Wisconsin �
dYGOmmssionF�{weo-,l�07—�'-f/}+i/.�t�� J JOEA. �
4 � GOLDBERGER
� Z,
gh� sl 5� .
CITY OF OSHNOSH PLAN COMMISSION CERTIFICATE OF APPROVAL: !i 9j QC� :_
��L F DF W1S� �,<`
Thia Rcrcacement of Lot i of Ccrtified Surey Map No. 6956, locauA in parc o(ihe NW % ott6e NW % evd the SW�I'dF`°"�
the NW Y. of Section 36, T19N, R76E, ISth Ward, City o[Oshkosh, Wwucbago Counry, Wiscovsiv, is hercby eppmved.
� � 2o/S
Date O � anning Commission Representative
.� J��,_ .. ,
��� � DENINf J,
CNRISTIE
S-1 d5i
Graen B
� �:'��. w�sl�
�'�W /,�
? �l'
1693496
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
07/29/20,k5 1:35 PMc�
vv(�JULIE PA��g `
REGISTER OF DEEDS
RECpRDING FEE30.00
PAGES: 4
SURVEVOR: O�"1NER:
MR. DENNIS J. CHRISTIE St<52 MR. CALVIN M. AKIN
JMMCONSULTING,I,LC PREMIERSODACREEKLLC
B40 CHALLENGER DRNE -SUITE i<0 19105 W. CAPITAL �RNE - SUITE 200
GREEN BAV, WI 54311 BROOKFIELD, WI53045
(920)592-9606
THIS INSTRl1MENT ORAFTED BV DENNIS J. CHRISTIE, P.E.I F.LS., JMM CONSULTING, LLC.
�
SHEET 4 0F 4
�Xh�►�r� G
• • • » »��
Buildin� Specifications Required forAncillarv Walkin� Path Connectin� Premier Soda Creek
Estates Multi-Familv Housina Proiect to Shared Use Path within the Winneba�o Countv
Communitv Park
Description:
The Premier path shall essentially match the County's shared use path both in design and
construction.
Placement of the point of ingress/egress as it relates to positioning along the border of the park
shall be at a point within 50 feet of the north east corner of the Premier property. The course
on which the path shall follow from its place of origin shall be laid-out on a straight line across
the parkland grass area towards a predetermined spot on the shared use path, as selected and
marked by the County. Once the path is within twenty feet of the predetermined spot the
course of the path shall precipitously arc towards to the east. The layout of the are shall be
such that it allows the Premier path to connect to the shared use path at a 90 degree angle.
Specification:
• Design features shall include a 10 feet wide asphalt path with 12 inch wide gravel shoulders.
• Common excavation shall be set at a minimum 12 inches however Premier shall perform
additional excavation as required in order to establish a solid sub base throughout. It will
not be permissible for stone base materials to be laid atop of black dirt or soft sub base.
• With the exception of all stripped turf materials and 4+ inch rocks which are to be removed
from the site, Premier shall maintain a reserve of black dirt deemed sufficient for backfilling
purposes.
• Premier shall be responsible for relocation, forming and rough grading of all remaining soils
related to the path project. Said activities will be confined to one or more sites within the
Community Park and shall be performed according to the County's specification.
• Fill w/ dense grade base to 12 inch depth and compact.
• Install asphalt HMAType E-1.0, 2'/: inch depth
• Backfill over grevel shoulders up to paved edges using soil reserve.
• Seed/fertilize/mulch common green space areas throughout construction zone.
In constructing the path, Premier shall be accountable for ensuring that its contours follow the
pitch of the surrounding terrain such that the surface remains flat and even with the adjacent
ground. Premier shall be responsible for remediation of any subsequent blockage of ground
surface water resulting in ponding around the Premier path. Premier shall be responsible for
addressing all state and local code requirements for permitting and erosion control.
Premier Soda Creek Estates LLC shall recognize the County as a named co-insured and shall
assume responsibility to pay liabilities arising out of any and all activities associated with
Winnebago County's granting of the required temporary construction easement.
1 RESOLUT[ON: Approve the Request of Premier Soda Creek Estates LLC for
2 Winnebago County to Grant a Temporary Construction
3 Easement to Facilitate the Building of a Walking Path from the
4 Premier Soda Creek Estates' Multi-Family Housing Project into
5
6
7
8
9
10
11
12
13
14
15
16
17
I8
19
20
21
22
23
24
the Community Park
TO THE WINNEBAGO COUNTY BOARD OF SUPERVISORS:
WHEREAS, Winnebago County is presently involved in a sizeable infrastructure
improvement project of the Winnebago County Community Park that is intended to
enhance the functionality of the park road system and establish a 2%z mile shared use path
network; and
WAEREAS, it is a�ticipated that the presence of a 10-foot wide shared use path
will become a major recrcational asset for the community that will draw interest from a
broad array of citizens; and
WHEREAS, Premier Soda Creek Estates LLC is a private interest that is in the
planning stages of building a large apartment complex on property located just outside
the northwest corner of the Community Park and south of Jacktar Road in Oshkosh; and
WHEREAS, it has been recognized by Premier Soda Creek Estates LLC that
with the presence of the shared use path in close proximity to the apaRment complex,
there is a tremendous opportunity to make available to its residents a secure and
dependable means for persons to access the abundant leisure service opportunities
accessible in the park via the shared use path network; and,
WHEREAS, Premier Soda Creek Estates LLC wishes to proceed with
25 construction of a 10-foot wide asphalt path running from the northeast corner of the Soda
26
27
28
29
30
3l
32
33
Creek Estates Multi-Family Housing Project approximately 223 feet southeast across
parkland property and link up with the Communiry Park shared use path; and,
WIIEREAS, in ordcr to facilitate development of the aforementioned project,
Premier Soda Creek Estates LLC requests that Winnebago County consider granting a
20-foot wide by 223-foot long construction easement that would allow Premier Soda
Creek Estates LLC the necessary access in order to build the aforemenYioned ] 0-foot
wide paved path from the Premier Soda Creek Estates' Multi-Family Housing Project to
the Community Park shared use path; and,
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
WHEREAS, to ensure that the correct construction methods are implemented
and that the Premier Soda Creck Estates LLC path follows a set route, the City of
Oshkosh has opted to demonstrate its support of the project by allowing a Winnebago
County-generated document containing a detailed list of specifications and expectations
for constructing the path, to bc attached to and made a part of the City of Oshkosh—
Premier Soda Creek Estates LLC Developers Agreement; and,
WHEREAS, Premier Soda Creek Estates LLC shall rewgnize Winnebago
County as a named co-insured and shall assume responsibiliry to pay liabilities that arise
out of any and all activities associated with Winnebago County's granting of the required
temporary construction easement; and,
WHEREAS, your u�dersigned Committee believes that it would be in the best
interests of Wi�uebago County to proceed in approving the aforementioned temporary
construction easement io order to accommodate the Premier Soda Creek Estates' LLC
path building project within the Community Park.
NOW, THEREFORE, BE IT RESOLVED, by the Winnebago County Board of
Supervisors that it hereby authorizes the County Executive to proceed in granting a
temporary 20-foot wide X 223 foot long construction easement to Premier Soda Creek
Estates, LLC in consideration of its desire to install a safe and dependable path for
residents ofthe Soda Creek Estates Multi-Family Housing Project traveling to and from
the Community Park shared use path.
BE IT FURTHER RESOLVED, by the Winnebago County Board of
Supervisors that it hereby authorizes that official activation of the construction easement
shall commence on April 28�h of 2015 and continue until the conclusion of the
aforementioned path installation or on September 15°i of 2015, whichever comes first.
BE IT FURTHER RESOLVED by the Winnebago County Board of
Supervisors that it hereby authorizes that for the duration of the construction easement
Premier Soda Creek Estates, LLC shall be granted the right of ingress and egress to the
Community Park via the Soda Creek Estates Multi-Family Housing Project only and that
65
66
67
68
69
70
71
72
73
74
75
76
77
78
:1
:
:
:.
:.
.,
.�
.
.
..
95
96
97
98
99
100
101
102
l03
104
such ingress and egress shall be confined to weekdays between the hours of 7:30 a.m. and
4:00 p.m.
BE IT FURTHER RESOLVED by the Winnebago County Board of
Supervisors that it hereby requires that Premier Soda Creek Estates LLC and its
subcontractors be obligated to strictly adhere to all provisions of the construction
requirements as delineated within the Specifications Required for Walking Path
Connecting Premier Soda Creek Estates Multi-Familv Housing Proiect to Shared Use
Path within the Community Park document attached to and made a part of the City of
Oshkosh — Premier Soda Creek Estates LLC, Development Agreement.
BE IT FURTHER RESOLVED, by the Winnebago County Board of
Supervisors that it hereby authorizes that the aforementioned consuuction easement shall
consist of the following tract of land in the City of Oshkosh, Winnebago County,
described as:
All that land of the owner in the N 1/2 of Section 36, T19N, R16E, 15`" Ward, City of
Oshkosh, Winnebago County, Wisconsin, more fully described as follows:
Commencing at the Northeast corner of Lot 1 of Certified Survey Map No. 5854,
recorded on February 17, 2006 in Volume 1 of Certified Survey Maps, Page 5854, as
Document No. 1388402, recorded in the Register of Deeds Office, in and for,
Winnebago County, Wisconsin; thence
S 00 ° 11' 13" E(recorded as S 00 ° 17' 25" W), 25.00 feet, to the point of beginning
(Winnebago County Coordinate 496,341.86 N, 792,953.11 E) and being the centerline
of the 20 foot wide easement being 10 feet each way of the centerline bearing 3S 79 °
22' S3" E, and being 223.43 feet in length (Winnebago County Coordinate 496,300.69
N, 793,172.72 E).
Said temporary construction easement contains 22,343 square feet, more or less.
Fiscal Note: The installation of this 10-foot wide by 223-foot long paved path in the
northwest section of the Community Park will not sig�ifica�tly affect either
the type or quantity of maintenance that the Parks Department will
otherwise be dedicating in maintaining the much larger 2Y mile main
section of the shared use path. The Parks Department anticipates that an
extra $200-$300 in labor and equipment costs will be required to mai�tai❑
the facility. The main focus of maintaining the path will center on sweeping
activities.
Respectful(y submitted by:
PARKS AND RECREAT(ON
105 COMMITTEE
106 Committee Vote: 4-0
107 Vote Required for Passage: Maioritv of Those Present
]08
109 Approved by the Winnebago County Executive this , day of
110 , 2015.
I11
112
113
114
lI5
116
Mark L Harris
Winnebago County Executive
EXHIBIT D
WANER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.0703. WISCONSIN STATUTES
The undersigned, owner of property benefited by the following improvements to be made by the
City of Oshkosh, Wionebago County, State of Wisconsin, to wit:
For private construction and public surveying and inspection for Project, as defined in
Developer's Agreement.
In consideration of the construction of said improvements by the City of Oshkosh, Wisconsin, I
hereby admit that such public improvement will benefit said property and consent to the levying
of special assessments against the premises under Section 66.0703 of the Wisconsin Statutes for
the cost of such improvements. ln accordance with Section 66.0703 of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required by Section 66.0703 of the
Wiscoosin Statutes; and i further agree and admit that there is benefit to my property from the
construction of such improvements and the assessments set forth herein have been estimated on a
reasonabie basis:
Description of Premises
Property as defined in Developer's Agreement
Lot 1 CSM XXXX
Sanitary Sewer & Laterals (Private Constructioo)
Estimated Construction Cost
6% Survey and Inspection
2. Water Main with Laterals (Private Construction)
Estimated Construction Cost
6% Survey and Inspection
3. Storm Sewer w/Laterals (Private Construetion)
Storm Sewer in street
Srorm sewer to basin
$1Q000.00 Private
$600.00 Deposit
$25,000.00 Private
$1,500.00 Deposit
$35,000.00 Private
$8,500.00 Private
Outlet Structure and Outlet Piping $12,000.00 Private
Ditching Work $8J00.00 Private
Estimated Construction Cost $64,200.00 Private
6% Survey and Inspection $3,852.00 Deposit
4. Asphalt Path (Private Construction)
On Property
$11,700.00 Private
In Winnebaeo Countv Park $13,500.00 Private
Estimated Construction Cost $25,200.00 Private
6% Survey and Inspection $1,512.00 Deposit
N:�kellyn�RojcnsVSodeCrakApk�FivaIDA'�E�ibnDSoOeCrcck WflIVCf.dOCX Page 1 of2
5. Concrete Sidewalk (Private Construction)
Estimated Constmction Cost
6% Survey and Inspection
6. Concrete Street Paving (Private Construction) — Paving in 2015
Estimated Construction Cost
6% Survey and Inspection
EXHIBIT D
$10,000.00 Private
$600.00 Deposit
$104,160.00 Private
$6,249.60 Deposit
7. On-Property Stormwater Management Basin including Storm sewer and Ditching to basin
(Private Construction)
Estimated Constcuction Cost $87,500.00 Private
No City Inspection or Survey. $0.00 Deposit
Requires Private Survey a�d Inspection
8. Jackson Street Median Construction (Private Construction)
Estimated Construction Cost
6% Survey and Inspection
9. Street Lighting (WPS Constmction)
Estimated Construction Cost
10. Pavement Marking and Signage (Private Construction)
Estimated Construction Cost
$62,000.00 Private
$3,720.00 Deposit
$6,000.00 Deposit
$1,000.00 Deposit
Cash Deposit for Public Services =$18,033.60
2— Year Irrevocable Letter of Credit for Private Construction =$395,060.00
2— Year Irrevocable Letter of Credit after Acceptance of Private Construction =$80,812.00
Si ature of Adthorized Representative
JO A. GOLDBERGER, Authorized Agent
/�'��5�
Date
H Voepyn�Projx�s�Sade Crcek AO�s�inal DA1Exhibn D Soda Crtek W dIV C'LCIOCX Page 2 of 2
eFIPCO
W. B. A. (LC) 103 (4/07) 11244
e zom w�sco�sm ea�kers nssoc�a�io� i ois�nbmea ey FiPCO� Boxes Checked Are Applicable.
Boxes Not Checked Are Not Applicable.
IRREVOCABLE STANDBY LETTER OF CREDIT
Waukesha Sta[e Bank ____
151 E St Paul Avenue, PO Box 648
Waukesha W153187-0648
(NAME AN� A�OflESS OF ISSUEF)
BENEFICIARY
CITY OF OSHKOSH
215 CHURCH AVE, PO BOX 1130
OSHKOSH, WI54903-1130
LETfER OF CREDIT NO.
WS8061115A
WE HEREBY AUTHORIZE YOU TO DRAW ON US FOR THE ACCOUNT OF PREMIER SODA CREEK, LLC
UP TO AN AGGREGATE AMOUNT OF ihree Hundred Ninery-Five ihousand Sixry om�ars a�d oo/too
AVAILABLE BY YOUR DRAFTS AT SIGHT TO BE ACCOMPAMED BY
�ATE
June 12, 2015
(g sss.oso.00 �
ORIGINALS OF ALL AMENDMENTS MADE TO THIS CREDIT ALONG WITH A WRITTEN STATEMENT SIGNED BY A PURPORTED
REPRESENTATNE OF THE CI"Tl' OF OSHKOSH CERTIFYING, "THE DRAWING PRESENTED IS DUE BECAUSE OF THE DEFAULT OR
FAIIURE TO TIMELY OR SATISFACTORILY PERFORM BY PREMIER SODA CREEK, LLC THE REQUIRED IMPROVEMENTS AS PROVIDED
BY THE DEVELOPMENT AGREEMENT, EASEMENTS AND OTHER ASSOCIATED DOCUMENTS REQUIRED FOR DEVELOPMENT
APPROVAL FOR THE PROPERTY LOCATED AT 4362-4408 JACKSON STREET AND 4187-4401 SODA CREEK ROAD, OSHKOSH, WI 54901."
SPECIAL INSTRUCTIONS:
ALL BANKING CHARGES OTHER THAN ISSUER'S ARE FOA BENEFICIARY'S ACCOUNT.
PARTIAL DRAWINGS ❑O PERMITTED ❑ NOT PERMITTED.
ALL DRAFTS MUST BE MARKED "DRAWN UNDER LETTER OF CREDIT OF Waukesha State 8ank
�NnMe oF issuea�
NO. WSB061115A DATED June12 2015
THIS LETfER OF CREDIT IS SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES (1998), INTERNATIONAL CHAMBER OF
COMMERCE PUBLICATION NO. 590. WE AGREE WITH YOU TO PAY DRAFT(S) �RAWN UNDER AND M COMPLIANCE WITH THE TERMS
OF THIS LETTER OF CREDIT IF PRESENTED AT THIS OFFICE TOGETHER WITH THIS LETTER OF CREDIT ON OR BEFORE THE CLOSE
OF OUR BUSINESS ON
EWILC103 rev.102013
� �DATED�
Waukesh State Bank
/� ��MEOFIBSUER
. .. . ..-BY f��—�7" _ /k,L,��
�` . THOF2E� SIGNATURE
James P Riley, Senior Vice President
10/13