HomeMy WebLinkAbout12. 19-388 JULY 9, 2019 19-388 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: ACCEPT & APPROVE WAIVER OF SPECIAL ASSESSMENT
NOTICES & HEARING IN CONNECTION WITH
IMPROVEMENTS — OSHKOSH AVENUE, NORTH KOELLER
STREET, & NORTH WESTFIELD STREET, PER DEVELOPER'S
AGREEMENT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED BY the Common Council of the City of Oshkosh that the Waiver
of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the Wisconsin
Statutes, for public improvements and services, for the premises described below and in
the attached Waiver is accepted and approved.
Oshkosh Avenue from North Koeller to Eagle Street
North Westfield Street from Oshkosh Avenue to North Koeller Street
North Koeller Street from Rath Lane to North Westfield Street
Document Number Document Title
Recording Area
Name and Return Address
City Attorney Office
P O Box 1130
Oshkosh'WI 54903-1130
Parcel Identification Number (PIN)
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
(Oshkosh Avenue Assessments)
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh,WI 54903-1130
1
June 25, 2019
DEVELOPER'S AGREEMENT
WAIVER OF SPECIAL ASSESSMENT NOTICES
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.
NOW, THEREFORE, IT IS HEREBY AGREED by and between Lake Shore Development of
Oshkosh, LLC, a Wisconsin Limited Liability Corporation,230 Ohio Street, Suite 200, Oshkosh,
Wisconsin 54901; Highway 21 Hospitality Group LLC, a Wisconsin Limited Liability
Corporation, 5101 I Ali Maytah, Oshkosh, Wisconsin 54901; Casey's Marketing Company, an
Iowa Corporation, 1 SE Convenience Blvd, Ankeny, IA, 50021; (Collectively the"Developers");
and the City of Oshkosh, a Wisconsin Municipal Corporation, 215 Church Avenue, Oshkosh,
Wisconsin 54901 (City).
1. Pu ose. The parties enter into this Agreement pursuant to Section 66.0703 of the Wisconsin
Statutes which provides for levying and assessing the cost of various improvements to the
Property described in this Agreement. The consideration agreed to by the parties is the mutual
benefit resulting from the development of the Property by the entities identified above and the
construction of public facilities serving the Property.
2. PropeAy. Developers covenant and warrant that each is the owner of the Property shown on
attached Exhibit"A" and described as follows:
Lakeshore Development of Oshkosh, LLC—Parcel ID # 1608490100 Described as follows:
Lot I of Certified Survey Map 7473 as recorded with the Winnebago County Register of
Deeds on May 1, 2019, as Document Number 1788287, being Lot I of Certified Survey Map
7370 and part of Lots 3 and 4 of Block 110 of Leach's Map of 1894, all being part of the
Southeast Quarter of the Northwest Quarter of Section 15, Township 18 North, Range 16
East, City of Oshkosh, Winnebago County, Wisconsin.
Lakeshore Development of Oshkosh, LLC—Parcel ID # 1610870100 Described as follows:
Lot 2 of Certified Survey Map 7411 as recorded with the Winnebago County Register of
Deeds on October 19, 2018, as Document Number 1777684, being part of Lot 3 of Certified
Survey Map 7370,part of Outlot 1 of Certified Survey Map 7398,part of Lots 1 and 2 of
Rath's Addition,part of Lot 10 of Wilder's Replat of Part of Sturtevant's Subdivision, all
being part of the Southeast Quarter of the Northwest Quarter of Section 15, Township 18
North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin.
2
June 25, 2019
Hotel Property:
Highway 21 Hospitality Group LLC--Parcel ID # 1608471000 Described as follows:
Lot 1 of Certified Survey Map 7411 as recorded with the Winnebago County Register of
Deeds on October 19, 2018, as Document Number 1777684,being part of Lot 3 of Certified
Survey Map 7370,part of Outlot 1 of Certified Survey Map 7398,part of Vacated N.
Westfield Street,part of Lot I of Rath's Addition, part of Lot 10 of Wilder's Replat of Part of
Sturtevant's Subdivision, all being part of the Southeast Quarter of the Northwest Quarter of
Section 15, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County,
Wisconsin.
Casey's Marketing Company. —Parcel Id#1608510200 commonly known as 1686 Oshkosh
Avenue
Described as follows:
Lot 2 of Certified Survey Map 7370 as recorded with the Winnebago County Register of Deeds
on June 25, 2018, as document number 1769250, being all of Lots 5 and 6 of Block 100 of
Leach's Map of 1894, all of Lots 7 and 8 of Sturtevant's Subdivision of the Southwest part of
Block 100 Fifth Ward, all of Lot 9 and part of Lot 10 of Wilder's Replat of part of Sturtevant's
Subdivision, all being part of the Southeast Quarter of the Northwest Quarter of Section 15,
T18N, R16E, City of Oshkosh, Winnebago County, Wisconsin.
3. Waiver of Special Assessment Notices and Hearing. In consideration of the construction by
the City of Oshkosh of the following proposed public improvements serving the Property,
Developers as owners of the Property hereby admit that the improvements will benefit the
Property and consent to the levying of special assessments for the costs of the improvements
against the Property:
Grading, Graveling, Concrete Paving, Sidewalk, Traffic Signals, Storm Sewer Main and
Laterals, Sanitary Sewer Main and Laterals, Water Main and Laterals, and storm water
management practices.
The City of Oshkosh developed preliminary assessment calculations based upon the City of
Oshkosh's Special Assessment Policy and upon unique characteristics of the proposed
project, including area assessments for utilities. The City has provided the Developers with
these preliminary calculations of the special assessments for the affected properties. Upon
review of the City's preliminary calculations, the Developer has agreed with the overall, or
total, benefit provided to Developer's properties. However, in consideration of the scale of
the development and the various interests involved, the Developer has requested that the
proportionate and equitable share of the special assessments for each of the affected properties
be as shown on attached Exhibit B to this Agreement. Developer, individually and
collectively, affirmatively assert that the estimated assessments identified in Exhibit B,
reflect, in their opinion, a local benefit that is reasonable based upon the uniqueness of each
affected property.
3
June 25, 2019
The City acknowledges that the Developer's request does not affect the overall or total
combined special assessment for the affected properties. The City further acknowledges that
the properties subject to the proportionate changes proposed by Developer are all owned by
the Developer, and that by signing this Agreement each party cumulatively comprising the
Developer agrees to the change from Exhibit A to the assessments in Exhibit B.
In accordance with Wisconsin Statutes Section 66.0703(7)(b), Developers hereby waive all
special assessment notices and hearings required by Wisconsin Statutes Section 66.0703, and
further agree and admit that the assessed property receives a benefit from the above-identified
public improvements,which is equal to or greater than the proposed assessment for such work
as identified in the Final Resolution for Special Assessments and Exhibit B attached hereto.
It is specifically understood by and between both parties that the amounts and costs set forth
in the attached Exhibits A and B, are estimates of amounts and costs 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.
Notwithstanding any other term in this Agreement, the Developer, individually and
collectively, affirmatively agree that in the event any assessment identified in Exhibit B is
determined by a court of competent jurisdiction to be invalid for any reason, then the City
retains the right to reassess all of the affected properties as otherwise allowed by law. Each
part comprising the cumulative Developer consents to such reassessment as described in
Exhibit A and hereby waive all special assessment notices and hearings required by Wisconsin.
Statutes Section 66.0703, and further agree and admit that the assessed property receives a
benefit from the above-identified public improvements, which is equal to or greater than the
proposed assessment for such work as identified in Exhibit A.
4. Payment of Assessments. Developer will pay for the improvements and services upon invoice
and/or through special assessment financing available pursuant to Section 25-83 through 25-
89 of the Oshkosh Municipal Code upon certification by the City Engineer for the City of
Oshkosh that said improvements have been completed.
5. Pqy_ment on Sale. Upon sale or other divestiture of the Property, Developer shall pay in full
the special assessments applicable to that particular parcel as identified above and on the
attached Exhibit A, without regard to whether the parcel has been further subdivided by
Developer after the date of this Agreement.
6. Refund Not Assignable. Any refund which may be due Developer as a result of any special
assessment being in excess of the actual amount paid by City for said improvements is not
assignable by Developer.
7. Recording. This Agreement and its Exhibits and any attachments, may be recorded at City's
option, and if so done, this Agreement shall serve as Notice of Lien and/or encumbrance
against such Property.
4
,Tune 25, 2019
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: 1
-5v 52019
LAKE SHORE DEVELOPMENT OF OSHKOSH,LLC
By:
Randy Schmiedel, Managing Member Steve Hoopman,Partn r
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this 10� day of Z , ,2019,the above-named Randy Schmiedel and Steve Hoopman,
to me known to be the person(s)who executed t�regoing instrument and to me known to be such officers of said
corporation, and acknowledged that he executed the foregoing instrument as such officers as the deed of said
corporation,by its authority.
Notary Public, State of Wisconsin
My Commission expires: q Z(o-Z I _
HIGHWAY 21 HOSPITALITY GROUP LLC
By:
Steve Hoopman, Managjng Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY)
Personally came before me this ,S� day of Jl 2019,the above-named Steve Hoopman, to me known to be
the person(s) who executed the foregoing instrument and to me known to be such officer of said corporation, and
acknowledged that he executed the foregoing instrument as such officer as the deed of said corporation, by its
authority.
Notary Public, State of Wisconsin'
My Commission expires: q—2(,-2l
5
June 25, 2019
CASEY'S MARKETING COMPANY
By:
Michael R. Richardson, President
STATE OF IOWA )
) ss.
POLK COUNTY)
Personally came before me this�day of 019,the above-named Mi d44
me known to be the person(s) who executed t foregoing instrument and to me known to be such officer of said
corporation, and acknowledged that he executed the foregoing instrument as such officer as the deed of said
corporation,by its authority.
:. ;'�� JOY 6�. �5SlHNSOM�VKI�ffll an.
V,i
P c S ate of Iowa ` Cornmisdon Number 721529
iss n Expiresm oexpires:
��
CITY OF OSHKOSH
By: And:
Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
)ss.
WINNEBAGO COUNTY)
Personally came before me this day of 2019, the above-named Mark A. Rohloff, City
Manager, and Pamela R.Ubrig, 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.,WI
My Commission expires/is:
Approved as to Form:
Lynn A. Lorenson, City Attorney
6
June 25, 2019
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EXHIBIT A
07/02/2019
Exhibit B
Parcel Number,Owner and Description
16-0847-1000 16-1087-0100 16-0851-0200 16-0849-0100
Highway 21 Hospitality Lakeshore Development of Casey's Marketing Lakeshore Development
Group,LLC Oshkosh,LLC Company of Oshkosh,LLC Total
Work Description Limits Lot 1 CSM 7411 Lot 2 CSM 7411 Lot 2 CSM 7370 Lot 1 CSM 7473
N.Koeller St Paving Oshkosh Ave to Rath Ln $0.00 $0.00 $0.00 $0.00 $0.00
N.Koeller St Paving Rath Ln to Four Wheel Dr $0.00 $0.00
$0.00 $0.00 $0.00
N.Westfield St Paving Four Wheel Dr to Oshkosh Ave $40,797.67 $94,211.49 $41,780.75 $176,789.91
Oshkosh Ave Widening w/Signals N.Koeller St to Eagle St $86,591.47 $86,591.47 $173,182.93 $28,863.82 $375,229.68
Storm Sewer/Stet Water Management $57,677.63 $100,941.88 $32,965.52 $62,081.06 $253,666.09
Santary Sewer Area Charges $10,493.32 $14,969.51 $11,467.34 $36,930.17
Water Main Area Char es $33,359.02 $18,537.38 $11,177.30 $63,073.70
Sanitary Lateral $5,756.80 $12,937.85 $13,493.77 $32,088.42
Water Lateral $12,178.57 $23,034.44 $26,948.11 $62,161.12
Total $246,854.48 $351,124.00 $206,148.45 $195,812.16 $999,939.09
*means costs were allocated to other parcells at developer's request.
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