HomeMy WebLinkAbout21. 13-124
MARCH 12, 2013 13-124 RESOLUTION
(CARRIED___6-1P___ LOST________ LAID OVER________ WITHDRAWN_______)
PURPOSE: APPROVE DEVELOPMENT AGREEMENT & WAIVER OF SPECIAL
ASSESSMENT PROCEEDINGS FOR PARTIAL RELOCATION &
TH
RECONSTRUCTION OF WEST 7 AVENUE AS PART OF CVS
PHARMACY PROJECT
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized and directed to enter into a CVS Pharmacy Project
Development Agreement in substantially the same form as attached, and that such
Development Agreement is accepted and approved.
BE IT FURTHER 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 as described in the
attached Waiver is accepted and approved.
DEVELOPMENT AGREEMENT
(CVS Pharmacy Project)
This DEVELOPMENT AGREEMENT("Agreement"), made and entered into this
day of , 2013, 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, ("Seller") and 9th and 7th Street, LLC with its principal
offices located at 601 Oregon Street, Suite B, Oshkosh, WI 54902 ("Developer"):
RECITALS
Developer desires to construct an approximately 13,225 square foot pharmacy on a
1.8270 acre site zoned for commercial use located in the 1700 blocks of West r and
West 9th Avenues near the northeast corner of the intersection of West 9th Avenue and
South Koeller Street, (the "Property") more particularly described as follows:
Part of Lots 1, 2, 3, and 4 in Fair Wind Plat, Part of Lots 1 and 2, and all of
Lots 3 and 4 of Sunny Side Plat, all being a part of the Southwest 1/4 of the
Southwest 1/4 of Section 22, Township 18 North, Range 16 East, in the City
of Oshkosh, County of Winnebago, State of Wisconsin, bounded and
described as follows:
Commencing at the Southwest corner of said 1/4 Section; thence
South 88°36'06" East along the South line of said Section 1140.04 feet to a
point; thence North 00°52'34" East 38.71 feet along the West line of West
Gate Subdivision and its Southerly extension to a point on the North line of
West 9th Avenue, said point being the Point of Beginning of Land to be
described; thence North 85°13'57"West along said North line 99.42 feet to a
point; thence North 82°30'43" West along said North line 109.93 feet to a
point; thence South 84°36'25" West along said North line 16.67 feet to a
point; thence South 89°45'21" West along said North line 83.70 feet to a
point; thence Northwesterly 22.79 feet along the arc of curve whose center
lies to the Northeast, whose radius is 35.01 feet and whose chord bears
North 71°35'49" West 22.39 feet to a point on the West line of Fair Wind
Plat; thence North 00°52'34" East along said West line 225.56 feet to a point;
thence South 89°07'26" East 5.74 feet to a point; thence Southeasterly
118.58 feet along the arc of a curve whose center lies to the Northeast,
whose radius is 50.00 feet, and whose chord bears North 82°21'02" East
92.68 feet to a point on the South line of West 7th Avenue; thence South
88°40'37" East along said South line 232.60 feet to a point on the West line
of West Gate Subdivision; thence South 00°52'34" West along said West
line 260.18 feet to the point of beginning.
Said described lands contain 79,584 square feet (1.8270 acres) of land.
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Developer has requested driveway access to West 7th Avenue as a secondary
ingress/egress point to the Property.
Developer has requested realignment of 7th Avenue as it intersects with South
Koeller Street to move the intersection to the northwest past an existing median located in
that portion of South Koeller Street to allow for both right and left turns onto South Koeller
Street from 7th Avenue.
By Resolutions 12-342 (June 26, 2012), 12-362 (July 10, 2012), 12-361 (July 10,
2012), and 12-598 (December 11, 2012), the Common Council conditionally approved
planned development of the Project Site, closing a portion of 7th Avenue west of Lilac
Street, and removal of the left turn regulations at Koeller Street and 7th Avenue; and
accepted dedication of street right-of-ways necessary for the relocation of 7th Avenue and
the construction of a cul-de-sac in the 1700 block of West 7th Avenue. The Common
Council conditioned approval upon the payment by Developer of all costs for work related
to right-of-way related improvements; the Developer assuming the responsibility for
maintenance of certain improvements as defined in this Agreement; and the Developer's
agreement to restore the intersection and other right of way improvements to the pre-
development condition if, within three (3) years after the opening of the pharmacy, the
City's annual accident report identifies the intersection of South Koeller and West 7th
Avenue as a "high-crash" location.
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
improvements.
By Resolutions 13- , on March 12, 2013, the Common Council of the City of
Oshkosh authorized and directed the proper City officials to enter into this Agreement to
provide for installation and payment by the Developer of all costs pertaining to the Project
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 above-listed improvements.
NOW THEREFORE, in consideration of the foregoing recitals that are incorporated
hereto 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.
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ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the
following meanings:
A. "Completion Date" shall mean November 1, 2013 or such date as the City
Engineer certifies that all improvements within the public right-of-way pertaining
to the Project have been completed and accepted by the City, whichever is
earlier.
B. "Project" means the construction of right-of-way improvements including
relocation and reconstruction of the intersection of West 7t Avenue with Koeller
Street, installation of a cul-de-sac at the western terminus of 7th Avenue,the closure
of the eastern terminus of West 7th Avenue with the construction of a radius at the
intersection of West 7th Avenue with Lilac Street, landscaping including the
construction of a berm and plantings within the right-of-way area between the cul-
de-sac bulb and the eastern terminus of West 7th Avenue, construction of a bicycle
path, sidewalk construction, relocation of street lights, installation of storm sewer
facilities, and the adjustment of sanitary sewer facilities, all adjacent to an
approximately 13,225 square foot pharmacy to be located in the 1700 blocks of
West 7th Avenue and 9th Avenue at the intersection of 9th Avenue and Koeller Street
within the City of Oshkosh, all in conformance with the approved plans and in
compliance with City of Oshkosh Standards and Specifications and as shown on
attached Exhibit A.
C. "Project Plans" means final detailed plans and specifications for the Project
as approved and on file in the City of Oshkosh Department of Public Works.
D. "Project Site" means the right-of-way adjacent to the Property located in the
1700 Block of West 7th Avenue as shown on attached Exhibit B.
E. "Property" means the parcel of land comprised of an approximately 1.8270
acre site zoned for commercial use located in the 1700 blocks of West 7th and West
9th Avenues near the northeast corner of the intersection of West 9th Avenue and
South Koeller Street and the adjacent right-of-way areas of the 1700 block of West
7thAvenue more particularly described above.
ARTICLE II. Project Overview. The Developer will construct the Project on the Project
Site in accordance with the Project Plans.
Construction of the Project will also require the relocation of a driveway and reconfiguration
of the parking lot in accordance with the Project Plans on the adjacent privately owned
parcel located at:
Parcel #90611620100 at 600 S. Koeller Street (Red Robin Restaurant)
Such relocation and reconfiguration shall be completed as part of the Project.
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ARTICLE III. Covenants of Developer.The Developer represents and agrees as follows:
(a) Developer covenants and warrants that it has accepted offers to purchase for
all the private property within the Project Site and will be the owner of all the
private property within the Project Site prior to beginning construction of the
Project. This agreement shall not be effective until the developer acquires
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. Developer shall guaranty such work for a period of two(2)
years as provided in Article V. 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 otherwise 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 all 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, or cause others to have, in effect at all times, all
permits, approvals 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, or cause others to 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 will cause the Project to be in
conformance and compliance with, all applicable federal, state, local and
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other laws, rules, regulations and ordinances. Developer shall secure, or
cause others to secure, all necessary plan approvals and permits prior to
beginning construction activities.
(j) The Developer, or its designee, at its cost and expense, shall construct,
install, maintain, repair and replace the berm and plantings within the right-
of-way area between the cul-de-sac bulb and the eastern terminus of West
7th Avenue of the Project within the area identified as "Developer
Maintenance Area" on attached Exhibit C. The Developer's maintenance
and repair obligations shall include both day to day maintenance and repair
and extraordinary maintenance and repair and shall include maintenance,
repair and replacement of all elements of the landscape plan as are
necessary in order to maintain the landscape plan in compliance with the
Project Plan.
(k) The Developer, or its designee, at its cost and expense, shall construct,
install, maintain, repair and replace the bicycle path and sidewalk within the
right-of-way area between the cul-de-sac bulb and the eastern terminus of
West 7th Avenue of the Project as shown in the Project Plans within the area
identified as "Developer Maintenance Area" on attached Exhibit C. 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 surfaces as necessary.
(I) The Developer, or its designee, at its cost and expense, shall restore the
intersection and other right of way improvements to the pre-development
condition if, within three (3) years after the opening of the pharmacy, the
City's annual accident report identifies the intersection of South Koeller and
West 7th Avenue as a "high-crash" location. This intersection would be
defined as a high crash location when it has at least four (4) reportable
vehicular crashes in a particular calendar year, when the crash rate for that
year(as defined by reportable crashes per one million entering vehicles) is at
least 150 percent higher than predicted using the appropriate safety
performance function from the Interactive Highway Safety Design Manual
(IHSDM), and the crash rate over the most recent period of three (3)
consecutive calendar years was at least double the predicted crash rate over
that same time frame.
(m) 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.
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ARTICLE IV.City Services.
Developer 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. Invoices and 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 V. Payment for City Services and Financial Guaranties
A. Payment for City Services. The Developer shall supply, or cause to be supplied, a
cash deposit in the amount of Nine Thousand, two hundred eighty-nine and 00/100
Dollars ($9,289.00)for survey and inspection fees as shown on attached Exhibit"D"
which may be drawn upon by the City for payment for the services provided. The
City shall provide to the Developer an accounting of all draws from the cash deposit.
If the amount due, exceeds the cash deposit, the City shall invoice the Developer
for the difference between the amount due and the amount drawn from the cash
deposit. The Developer shall pay, or cause to be paid, all invoices, in cash, within
thirty (30) days of invoice from the City. If the amount of the cash deposit exceeds
the amount due for services provided, the City shall refund to the Developer the
deposit amount in excess of the amount due for services.
B. Financial Guaranties. Prior to undertaking any work within the right-of-way,
Developer shall file a two (2) year performance bond or letter(s) of credit, which
shall be renewable at the option of the City of Oshkosh if such construction has not
been completed within the period specified above and which meets the approval of
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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 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 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 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 work
upon the project including construction performed 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 VI. 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 all special assessment proceedings as described
in Section 66.0703, of the Wisconsin Statutes. The remedies provided in this Agreement
are not exclusive. The City may use any other remedies available to it.
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ARTICLE VII. LIABILITY AND INDEMNIFICATION
No Personal Liability. 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 shall 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 to pay on any such claims 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 VIII. GENERAL PROVISIONS
Entire Agreement. 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.
Severability 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.
Headings. Descriptive headings are for convenience only and shall not control or affect the
meaning or construction of any provision of this Agreement.
Assignment. Except as otherwise specifically set forth herein, the respective rights and
liabilities of the City and the Developer in this Agreement are not assignable or delegable,
in whole or in part, without the prior written consent of the other party. Provisions of this
Agreement shall inure to the benefit of and be binding upon the successors and assigns of
the parties. Not withstanding the foregoing, the City consents to Developer assigning its
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obligations under this Agreement to Wisconsin CVS Pharmacy, L.L.C., but such
assignment shall not relieve Developer from any responsibility or liability to the City under
this Agreement.
No Joint Partnership. Nothing contained in this Agreement or any other documents
executed pursuant to this Agreement shall 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 performing 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 perform, 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.
Recording of Document. A memorandum of this Agreement may be recorded in the office
of the Register of Deeds of Winnebago County, Wisconsin, it being understood by the
parties that the provisions of Article III of this Agreement will run with the land and will be
binding upon the Property. 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.
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Governing Law. This Agreement shall be governed by, and construed in accordance with
the laws of the State of Wisconsin.
Litigation. 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.
Waiver of Trial by 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 Approvals. Nothing contained in this Agreement is intended to or has the effect of
releasing the Developer from compliance with all applicable 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 shall be required to obtain, or cause to be obtained, all approvals, 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 governmental or non-governmental authority shall not relieve the
Developer or the Project from complying with all of the terms and conditions of this
Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
9th and 7th Street, LLC CITY OF OSHKOSH
Grant T. Schwab, Registered Agent Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
SS
COUNTY OF WINNEBAGO )
Personally came before me this day of March, 2013, the above-named Grant T.
Schwab, to me known to be the Registered Agent for 9th and 7th Street, LLC and the person who
executed the foregoing document and acknowledged the same.
Notary Public, State of
My commission:
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
Personally came before me this day of March, 2013, the above-named Mark A.
Rohloff and Pamela R. Ubrig, to me known to be the City Manager and City Clerk of the City of
Oshkosh,Wisconsin and the person who executed the foregoing document and acknowledged the
same.
*
Notary Public, State of
My commission:
This Agreement was drafted by:
Attorney Lynn Lorenson
Oshkosh, Wisconsin 54903-1130
11
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WAIVER 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, Winnebago County, State of Wisconsin, to wit:
For public construction of pavement markings and signage.
For private construction and public 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. In 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
Wisconsin 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
reasonable basis:
Description of Premises
Property as defined in Developer's Agreement
1. Sanitary Sewer &Laterals (Private Construction)
Estimated Construction Cost $30,000.00 Private
3%Inspection $900.00 Deposit
2. Water Main with Laterals (Private Construction)
Estimated Construction Cost $10,000.00 Private
3% Inspection $300.00 Deposit
3. Storm Sewer w/Laterals (Private Construction)
Estimated Construction Cost $35,000.00 Private
3%Inspection $1,050.00 Deposit
4. Concrete Sidewalk and Bike Path(Private Construction)
Estimated Construction Cost $30,000.00 Private
3%Inspection $900.00 Deposit .
5. Concrete Street Paving(Private Construction)—Paving in 2013
Estimated Construction Cost $158,500.00 Private
3% Inspection $4,755.00 Deposit
6. Landscaping(Private Construction)
Estimated Construction Cost $7,800.00 Private
3%Inspection $234.00 Deposit
I:\Engineering\Walverof Special AsseumentWaiverof Special Assess-by SubdivisionlCVSW.76Ave.docx Page 1 of 2
7. Street Lighting(Private Construction)
Estimated Construction Cost $5,000.00 Private
3%Inspection $150.00 Deposit
8. Pavement Marking and Signage(Public Construction)
Estimated Construction Cost $1,000.00 Deposit
Cash Deposit for Public Services=$9,289.00
2—Year Irrevocable Letter of Credit for Private Construction=$276,300.00
2—Year Irrevocable Letter of Credit after Acceptance of Private Construction=$55,260.00
Signature of Owner:
41m
./111:
':na -of thorized Representative Date
Grant T. Schwab, Registered Agent
•
•
Tr ngineering\Waiver of Special Assesament\Waiver ofSpeclal Assess•by Subdivision\CVS W.70 Ave.doa Page 2 of 2
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