TAX INCREMENT DISTRICT NO. 8
DEVELOPMENT AGREEMENT

THIS DEVELOPMENT AGREEMENT (the “Agreement”) is dated as of the _____ day of
______________, 2016 by and between EP Development, Inc., a Wisconsin corporation (the “Developer”),
the CITY OF APPLETON, a Wisconsin municipal corporation (the “City”) and the REDEVELOPMENT
AUTHORITY OF THE CITY OF APPLETON (the “Authority”).
RECITALS
City, Developer, and Authority acknowledge the following:
A.

Developer owns or will acquire the parcel of real property located in the City and described

on Exhibit A, attached hereto (the “Property”). The Property is comprised of a former industrial site that
requires significant infrastructure improvements prior to development.
B.

In 2009 the City created Tax Increment District No. 8 (the “District”) pursuant to Section

66.1105, Wis. Stat. (the “Tax Increment Law”) and approved a plan for the redevelopment of the District
(the “District Plan”).
C.

Subject to obtaining the financial assistance set forth herein, Developer intends to

undertake a redevelopment of the Property that will increase the value of the Property and provide other
tangible benefits to the surrounding neighborhoods and to the City as a whole, consistent with the District
Plan for the District.
D.

The City and Authority desire to encourage economic development including the

elimination of slum and blight, expand the City’s tax base, and create new jobs within the City. The City and
Authority find that the redevelopment of the Property and the fulfillment, generally, of the terms and
conditions of this Agreement are in the vital and best interests of the City and Authority and its residents
and serve a public purpose in accordance with state and local law.

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 E.

The City has determined that the amount of financial assistance to be provided in this

Agreement is the amount necessary to induce redevelopment of the Property, which would not otherwise
proceed without the financial assistance set forth in this Agreement.
F.

The Authority, pursuant to the action dated ____________________________, has

approved this Agreement and authorized the execution of the Agreement by the proper Authority officers
on the Authority’s behalf.
G.

The City, pursuant to Common Council action dated _________________________, has

approved this Agreement and authorized the execution of the Agreement by the proper City officers on the
City’s behalf.
H.

The Developer has approved this Agreement and authorized the execution of this

Agreement by the Developer’s authorized agents on the Developer’s behalf.

ARTICLE 1
PURPOSES - DEFINITIONS
1.1 Purpose of Agreement.
Property.

The parties have agreed upon a general plan for redevelopment of the

The purpose of this Agreement is to formalize and record the understandings and

undertakings of the parties and to provide a framework within which the redevelopment of the
Property will take place.
1.2 Definitions. The terms listed below shall be defined for the purposes of this Agreement as follows. All
terms that are capitalized but not defined in this Agreement and that are defined under the Tax
Increment Law shall have the definitions assigned to such terms by the Tax Increment Law.
1.2.1

Authority means the Redevelopment Authority of the City of Appleton.

1.2.2

City means the City of Appleton, a Wisconsin Municipal Corporation.

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 1.2.3

Contribution means the Tax Increment Revenue payment made to the Developer by the

City pursuant to Section 5.4 upon Substantial Completion of Phase I of the Project as depicted
on Exhibit C. The Contribution is deemed incurred and payable pursuant to Section 5.4 upon
Substantial Completion of Phase I of the Project, notwithstanding that portions of the Project
specified in Articles 3, 4 and 5 will be completed following Substantial Completion of Phase I of
the Project. “Substantial Completion” means completion of Phase I of the Project evidenced
by: (a) issuance by the Project architect of a certificate of substantial completion for the
building and improvements, including all exterior building work and base mechanical and HVAC
systems; and (b) issuance by the City of a certificate of occupancy.
1.2.4

Development Area means the sum of all property depicted in Exhibit B, including the

Property and certain adjacent public property and rights of way, and constitutes the total
boundaries of the Project.
1.2.5

Development Plan means the Project as generally shown on Exhibit C as improved by the

site improvements further described by this Agreement.
1.2.6

Developer means EP Development, Inc., a Wisconsin corporation.

1.2.7

Project means the improvements and uses anticipated by the Development Plan and this

Agreement for the Development Area, including each Phase of the Project as depicted on
Exhibit C and described in Sections 3.3 and 3.4.
1.2.8

Property Base Value means the equalized value of the Property described on Exhibit A

upon the creation of TID #8 in 2009 as certified by the State, which was $730,000.
1.2.9

Tax Increment Value means the equalized value above the Property Base Value established

for the Property as determined by the City assessor.

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 1.2.10 Tax Increment Revenue means the personal and real property tax revenue (as defined in
Section 66.105(2)(i) of the Wisconsin Statutes) generated by the Tax Increment Value of the
Project.
1.2.11 Zoning Code means Chapter 23 of the Code of Ordinances of the City of Appleton.
ARTICLE 2
DESCRIPTION OF PROJECT
2.1 Development Area. The Development Area depicted on Exhibit B will be redeveloped and improved
with site improvements as generally depicted on the attached Exhibit C and described in Sections 3.3
and 3.4.
2.2 The Development Area is zoned R-3 and the Project shall be consistent with that zoning designation
under the Zoning Code.
2.3 No basement shall be installed in the filled raceway area identified on Exhibit D.
2.4 The following is a list of known development constraints; however, neither the City nor the Authority
guarantee this is a comprehensive list:
2.4.1

There is a fence encroaching on the “Development Area” as indicated on the ALTA Survey

prepared by Thomas M. Kromm for the Authority, dated August 2012, and provided by the City
to the Developer (the “ALTA Survey”), Item 9a.
2.4.2

There is a section of concrete, asphalt and guardrail along the northern Property boundary

(ALTA Survey, Item 9i), which Developer shall remove in conjunction with completion of Phase I
of the Project.
2.4.3

The Fox River Navigational Authority has indicated its willingness to negotiate lease terms

for its strip of land along the eastern boundary of the Property.

The Developer may

incorporate redevelopment of the Fox River Navigational Authority property in conjunction
with the Development Area.
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 2.4.4

A monitoring well is located on the Property as indicated on the ALTA Survey, Item 22, and

shall remain in place so long as required by the Wisconsin Department of Natural Resources.
2.5 Emergency access to the river south of the dam by the City or other authorized governmental or quasi
government or judicial entities shall be allowed.

ARTICLE 3
UNDERTAKINGS OF THE DEVELOPER
The Developer agrees that it shall:
3.1 Initiate, or cause to be initiated by third parties, the Project and complete the same in accordance with
the Zoning Code and all other applicable City building codes, fire codes, ordinances and regulations. All
Project costs expended by Developer or its affiliates or successors in ownership of any portion of the
Property, after the November 18, 2015 Authority action, including costs incurred before the date of this
Agreement, and which are eligible for funding pursuant to §66.1105 of the Wisconsin Statutes, are
referred to as “Developer Costs”. Developer Costs shall include, without limitation, costs for the
acquisition of land, construction of improvements, including hard and soft construction costs,
professional fees, architectural fees, construction period interest, civil engineering fees, general
contractor fees, infrastructure improvements, environmental remediation costs, demolition, public
parking facilities, and the clearing, grading and construction of the Project, and other costs permitted
pursuant to Section 66.1105, Wis. Stat.
3.2 Developer shall acquire from the Authority the Property described in Exhibit A for the purchase price of
Eight Hundred Fifty Thousand Dollars ($850,000).
3.3 Developer shall construct Phase I of the Project on the portion of the Property shown on Exhibit C,
comprised of a senior living facility of approximately ninety-nine (99) dwelling units with a projected
assessed value of $15,700,000 upon stabilization.

Developer shall construct, or cause to be

constructed, Phase II of the Project shown on Exhibit C, comprised of single family homes or
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 condominiums with a projected assessed value of $2,100,000. The projected assessed value of Phases
1 & 2 combined is expected to be $17,800,000. Developer shall use best efforts to construct the final
Phase of the Project as market conditions permit, which may include, but not be limited to, market
rate, senior, single-family or student housing, mixed-use or commercial components, by December 31,
2019.

3.4 The City recognizes that in the current economic environment, approval of a tax increment district and
approval of a development agreement may be necessary prior to the Developer obtaining financing for
the Project. The City has approved the creation and amendment of the District, and will approve this
Agreement with the contingency that prior to the City incurring any obligation to the Developer
pursuant to the terms of this Agreement, the Developer shall:
3.4.1

Cooperate with the City to facilitate the City’s performance under Article 5.

3.4.2

Be responsible for obtaining all required permits.

3.4.3

Be solely responsible for complying with the State of Wisconsin’s prevailing wage rates if and
only to the extent required under State law.

3.4.4

Meet with and review documentation (but not provide hard or electronic copies) with the City's
finance director and Director of Economic Development indicating Developer has financing to
complete each phase (such as a term sheet or commitment from a lender) provided, however,
such documentation may not be provided until after this Development Agreement has been
approved by the City and the Authority but shall be provided prior to the issuance of a building
permit for the relevant phase.

3.5 Developer Costs – Walkway Construction. The Developer shall construct or cause the construction of a
public walkway on the Property substantially as depicted in the Development Plan and in accordance
with Exhibit E, City Trail Development Requirements. The Developer shall execute an easement
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 granting the City and the general public access to the walkway. The easement shall describe the
walkway in language subject to the mutual approval of the City surveyor and the Developer. The
easement shall be located in an area substantially like that shown in Exhibit F, Approximate Location of
Trail Easement. Maintenance of said walkway shall be governed by the Trail Maintenance and
Operating Plan attached as Exhibit G. The Developer, its affiliates or assignees shall be solely
responsible for walkway construction which shall be completed as part of Phase I of the
Project. Construction of the walkway shall be in lieu of any parkland dedication or parkland impact fees
under Section 17-29 of the City ordinances or Wis. Stat. § 66.0617, and the City agrees that no such fees
shall be imposed for any Phase of the Project.
3.6 The Developer agrees that the Property shall not be sold to, leased or used by any party in a manner to
permit discrimination or restriction on the basis of race, creed ethnic origin or identity, color, gender,
religion, marital status, age (except as allowed as part of a senior housing development), handicap, or
national origin and that construction, redevelopment, improvement, and operation of the Project shall
be in compliance with all applicable laws, ordinances and regulations relating to any of the foregoing.

ARTICLE 4
UNDERTAKINGS OF THE AUTHORITY
4.1 The Authority shall convey the Property, by warranty deed, to the Developer on a date mutually agreed
by the Authority and the Developer.
4.2 Developer shall pay the Authority Eight Hundred Fifty Thousand Dollars ($850,000) for the Property.
The Developer shall use commercially reasonable efforts to construct improvements on the Property to
reach an assessed value of Five Million Dollars ($5,000,000) by January 1, 2019, to assist the Authority
and the City in meeting the Authority’s and the City’s obligations under Wisconsin Economic
Development Corporation (WEDC) Brownfields Grant Contract #20975. The City and the Authority
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 agree that if, despite Developer’s efforts, the Property does not reach an assessed value of Five Million
Dollars ($5,000,000) by January 1, 2019, Developer shall not be liable for the City’s or the Authority’s
obligations under the WEDC Brownfields Grant Contract, but shall work cooperatively with the City and
the Authority to secure an extension from WEDC.
4.3 The Authority shall use best efforts to cooperate with Developer to obtain approval for a revised CSM
prior to the Developer’s purchase of the Property at Developer’s request.

ARTICLE 5
UNDERTAKINGS OF THE CITY
5.1 The City shall appropriate sufficient funds for the performance of the City’s obligations under this
Agreement.
5.2 The City shall cooperate with Developer throughout the implementation of the Project and shall
promptly review and/or process all submissions and applications in accordance with applicable City
ordinances.
5.3 The City has created and amended the District to support the Project.
5.4 The City will provide payments to the Developer as reimbursement for a portion of the Developer Costs
as provided in this Agreement.
5.4.1

Reimbursement of Developer Costs. The City will provide payments to the Developer solely

from future Tax Increment Revenue from the Property as a reimbursement for Developer
Costs. The City and the Developer agree that there will be no reimbursement for any activities
prior to the creation of the District. The Developer shall submit to the City’s Director of Finance
a summary of Developer Costs on a periodic basis as the development progresses. The City’s
total payment of Tax Increment Revenue to the Developer shall not exceed the lesser of: i)
$4,267,500; or ii) twenty-five percent (25%) of the Tax Increment Value of Phases 1 & 2, plus
interest thereon. The Contribution may be prepaid at any time, but until paid in full, the Tax
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 Increment Revenue payments will be provided to the Developer as follows: Each year over the
life of the District, the City will pay the Developer ninety percent (90%) of the Tax Increment
Revenue received by the City with respect to the Project in that year. No payments will be
distributed until the property taxes have been paid on the Property.
5.5 As the sole source for payment of the Contribution, the City agrees to pay the Developer an amount
equal to ninety percent (90%) of the Tax Increment Revenue and any City portion of payments received
under a payment in lieu of taxes (PILOT) agreement applicable to the Property through the earlier of: (i)
the date on which the Contribution has been paid in full; or (ii) the date the last Tax Increment Revenue
is received from the District; (the “Expiration Date”). Interest on the Contribution shall begin to accrue
effective on January 1st of the year following the date of this Agreement. The interest rate on the
Contribution shall be the lesser of 1) the interest paid by the Developer to any lender for the Project, as
evidenced by the note indicating the loan amount; or 2) four percent (4%).
5.6 Payments pursuant to this Agreement shall be made by August 15 each year. The Contribution shall be
a special and limited obligation of the City and not a general obligation. Payments shall be applied first
to the principal balance of the Contribution and second to accrued interest.
5.7 Developer hereby acknowledges that, as a result of the special and limited nature of the City’s
obligation to pay the Contribution, Developer’s recovery of the full amount of the Contribution
depends on factors including, but not limited to, future mill rates, changes in the assessed value of the
Project, the failure of the Project to generate the Tax Increment Revenue in the amount expected by
Developer, or reduction in Tax Increment Revenue caused by changes in the Tax Increment Law to the
extent they apply retroactively to this Agreement or the District.
5.8 The City covenants to Developer that:
5.8.1

Until the Contribution plus interest thereon has been paid in full, the City shall not take any

action to close the District. Upon the Expiration Date, the City will be entitled to close the District
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 and no liability shall remain from the City to the Developer upon expiration of the District, except
the City’s obligation to pay Tax Increment Revenue accrued but not paid prior to the Expiration
Date.
5.8.2

The City shall reasonably cooperate with Developer to obtain any necessary amendments

to the U.S. Fish and Wildlife permit or any other environmental permits currently affecting the
Property or as required to complete the Project and allow the redevelopment of the Property.

ARTICLE 6
TAX STATUS
6.1

As long as the District is in existence, the Project including the land and all buildings and

improvements thereon shall be owned and taxable for real estate tax, special assessment purposes and
personal property taxes. The City may waive the above restriction upon execution of a payment in lieu of
taxes (PILOT) agreement, in a form acceptable to the City, made between the City and the owner or lessee
of the applicable portion of the Property.

ARTICLE 7
NO PARTNERSHIP OR VENTURE
7.1

Developer, its affiliates and successors, and their contractors or subcontractors, shall be

solely responsible for the completion of the Project. Nothing contained in this Agreement shall create or
effect any partnership, venture or relationship between the City and Developer or any contractor or
subcontractor employed by Developer in the construction of the Project.

ARTICLE 8
CONFLICT OF INTEREST

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 8.1

No member, officer or employee of the City, during his/her tenure or for one year

thereafter, will have or shall have had any interest, direct or indirect, in this Agreement or any proceeds
thereof.
ARTICLE 9
WATER AND WATER RELATED PUBLIC IMPROVEMENTS
9.1

The City represents that water service is sized and available to serve the Property.

9.2

All plans and specifications for the design of the infrastructure and water improvements

within the boundaries of the Development Area shall be subject to the approval of the City’s department of
public works prior to the commencement of construction of such improvements. Such approval shall not
be unreasonably withheld.
9.3

In instances where this Agreement, or the ordinances of the City or the rules and

regulations of the City do not set forth criteria for particular uses for the water supplied to the Project by
the City, the criteria for uses may be proposed by Developer subject to the City’s approval utilizing generally
accepted criteria, which approval shall not be unreasonably withheld.

ARTICLE 10
SANITARY SEWER
10.1

The City represents that sanitary sewer service is sized and available to serve the Property.

Ejector pumps may be required, at Developer cost, based on the elevation of the existing sanitary sewer
interceptor.
10.2

Under any of the circumstances set forth herein, the City shall permit the Developer to

connect with the City’s sanitary sewer system at such reasonably accessible and economically feasible
locations as determined by the City.

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 10.3

The parties agree to cooperate fully in all matters concerning the development of the

sanitary sewer system, including, but not limited to, securing of permits, implementation of augmentation
plans and acquisition of all rights-of-way and easements.

ARTICLE 11
STORMWATER MANAGEMENT
11.1

The Developer shall follow all applicable State and City stormwater laws, regulations and

ordinances. The Developer shall be solely responsible for installing and maintaining all on-site stormwater
management practices. Stormwater management within the Development Area shall remain private.
11.2

Prior to the occupancy of any buildings, the Developer shall provide to the City’s

department of public works an emergency flood plan for the Development Area.
11.3

A portion of the Development Area may be served from an 18-inch storm main in John

Street.

ARTICLE 12
WRITTEN NOTICES
12.1

Any written notice required under this Agreement shall be sent to the following individuals:
FOR THE CITY:
City of Appleton
Community Development Department
100 North Appleton Street
Appleton, WI 54911-4799
Attention: Karen E. Harkness
With a copy to:
City of Appleton
City Attorney's Office
100 North Appleton Street
Appleton, WI 54911-4799
Attn: Attorney James P. Walsh

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 DEVELOPER:
The Alexander Company, Inc.
Attn.: Colin Cassady
345 W. Washington Ave, Suite 301
Madison, WI 53703-3007
AND
IconiCare
Attn: Tom Pientka
901 Deming Way, Suite 102
Madison, WI 53717-1920
With a copy to:
Husch Blackwell LLP
Attn.: Angela Black
PO Box 1379
Madison, WI 53701-1379

ARTICLE 13
ASSIGNMENT
13.1

No party to this Agreement may assign any of its interest or obligations hereunder without

first obtaining the written consent of all other parties except as otherwise provided for in this Agreement.
Notwithstanding the foregoing, Developer may assign its rights and obligations under this Agreement, in
whole or in part, to a successor owner of any portion of the Property. In addition, Developer may assign its
rights under this Agreement to any lender providing financing for any portion of the Project and shall notify
the City of any such assignment. The City shall not be bound to any such assignment until it has received
written notice, including whether the Agreement has been assigned in whole or in part, the portion of the
Property affected and which rights and obligations have been assigned. Developer may assign its rights and
obligations hereunder without corresponding assignment of its right to collect the Contribution.

[SIGNATURES BEGIN ON THE FOLLOWING PAGE]
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 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above
written.
CITY OF APPLETON:

By: ______________________________________
Timothy M. Hanna, Mayor
ATTEST:

By: ________________________________
________________________________, City Clerk
STATE OF WISCONSIN
OUTAGAMIE COUNTY

)
: ss.
)

Personally came before me this ____ day of _________________, 2016, Timothy M. Hanna, Mayor
and ____________________, City Clerk, of the City of Appleton respectively, to me known to be the
persons who executed the foregoing instrument and acknowledged the same in the capacity and for the
purposes therein intended.
_______________________________________
Printed Name: ___________________________
Notary Public, State of Wisconsin
My commission is/expires: _________________
APPROVED AS TO FORM:

_______________________________
James P. Walsh, City Attorney
[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]

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 REDEVELOPMENT AUTHORITY OF THE CITY OF APPLETON:

By: ______________________________________
Karen E. Harkness, Executive Director
ATTEST:

By: ________________________________
Printed Name: _______________________
STATE OF WISCONSIN
OUTAGAMIE COUNTY

)
: ss.
)

Personally came before me this ____ day of _________________, 2016, Karen E. Harkness,
Executive Director and ______________________________, of the Redevelopment Authority of the City of
Appleton respectively, to me known to be the persons who executed the foregoing instrument and
acknowledged the same in the capacity and for the purposes therein intended.

_______________________________________
Printed Name: ___________________________
Notary Public, State of Wisconsin
My commission is/expires: _________________
APPROVED AS TO FORM:

___________________________________
Printed Name: _______________________

[SIGNATURES CONTINUE ON THE FOLLOWING PAGE]

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 DEVELOPER:
EP Development, Inc.

By: ______________________________________
______________________________________

STATE OF WISCONSIN
DANE COUNTY

)
: ss.
)

Personally came before me this ____ day of _________________,
2016,
___________________________, to me known to be the person who executed the foregoing instrument
and acknowledged the same in the capacity and for the purposes therein intended.

_______________________________________
Printed Name: ___________________________
Notary Public, State of Wisconsin
My commission is/expires: _________________

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 SCHEDULE OF EXHIBITS

A

Legal Description of Property

B

Development Area

C

Development Plan

D

No Basement Area

E

City Trail Development Requirements

F

Approximate Location of Trail Easement

G

Trail Maintenance and Operating Agreement

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 EXHIBIT A
Legal Description of Property
SURVEYOR’S CERTIFICATE: SHEET

2 OF 3

I, Thomas M. Kromm, Wisconsin Registered Land Surveyor, certify that I have surveyed, combined, divided and or
mapped under the direction of the City of Appleton, All of Lot 2 of Certified Survey Map No.6661 recorded in Volume
39 of Certified Survey Maps on Page 6661 as document No. 1990892, Part of vacated Alton Court and All of vacated
East John Street, Part of Lot Three (3), part of Lot Four (4) and all of Lot Five (5) of Block "C", Lots 1-3 and 7-11 of
Block "M" and part of Lots 5 and 6 of Block "M", Lawsburg Plat to the First Ward, all according to the recorded
Assessor's Plat of the City of Appleton and being located in the SW 1/4 of Section 25 and also the NW 1/4 of Section
36, Township 21 North, Range 17 East, City of Appleton, Outagamie County, Wisconsin, containing ±8.1 Acres of land
and water(First Ward Canal) and being further described as follows: Commencing at the SW corner of said Section 25;
Thence North 89°02'51" East 686.19 feet along the South line of the SW ¼ of said Section 25 to the West line of Lot 4,
Block M of Lawsburg Plat; Thence North 00°00'34" West 372.27 feet along the West line of said Lot 4 to the
Northwest corner thereof and also being the Point of Beginning; Thence continue North 00°00'34" West 101.84 feet
along the West line of Lot 3 of said Block M to the Northwest corner of said Lot 3; Thence South 89°55'47" East
207.21 feet along the South line of John Street; Thence North 89°57'41" East 118.41 feet along the South line of said
John Street; Thence North 00°07'39" East 60.00 feet along the East line of said John Street; Thence South 89°57'41"
West 118.52 feet along the North line of said John Street to the centerline of vacated Alton Court; Thence North
19°31'44" East 66.64 feet along the centerline of vacated Alton Court; Thence South 70°28'16" East 22.00 feet along
the Northerly line of the East ½ of vacated Alton Court; Thence North 19°31'44" East 121.23 feet along the Easterly
line of Alton Court; Thence South 66°26'47" East 74.04 feet; Thence North 48°53'38" East 39.18 feet; Thence South
57°18'17" East 60.31 feet; Thence North 63°54'32" East 22.80 feet; Thence South 57°18'17" East 47.97 feet to a
meander corner which is North 57°18'17" West 25 feet m/l from the ordinary high water mark of the Fox River; Thence
South 22°43'30" West 19.80 feet along a meander line to a meander corner which is North 57°18'17" West 30 feet m/l
from the ordinary high water mark of the Fox River; Thence South 13°00'00" West 275.00 feet along a meander line to
a meander corner which is North 81° West 24 feet m/l from the ordinary high water mark of the Fox River; Thence
South 45°00'00" West 110.00 feet along a meander line to a meander corner which is North 45° West 45 feet m/l from
the ordinary high water mark of the Fox River; Thence South 19°28'10" East 107.44 feet along a meander line to a
meander corner which is South 35° West 27 feet m/l from the ordinary high water mark of the Fox River; Thence South
52°34'30" East 97.60 feet along a meander line to a meander corner which is North 52°34'30” West 30 feet m/l from the
ordinary high water mark of the Fox River; Thence South 21°21'17" West 108.16 feet along a meander line to a
meander corner which is North 71°40' West 32 feet m/l from the ordinary high water mark of the Fox River; Thence
South 31°30'48" West 144.13 feet (recorded as 144.41 feet) along a meander line to the end of said meander line;
Thence North 89°29'08" East 42.92 feet to an existing ¾” rebar located at the Northwesterly corner of granite (concrete)
steps to the dam access; Thence South 76°33'25" East 5.04 feet (recorded as 4.91 feet) along the face of said steps to the
Westerly edge of a 1.00 foot wide concrete retaining wall; Thence North 17°41'41" East 197.71 feet along the Westerly
edge of said concrete retaining wall; Thence South 72°18'19" East 1.00 feet along the edge of said concrete retaining
wall; Thence South 17°41'41" West 197.64 feet along the Easterly edge of said concrete retaining wall; Thence North
76°33'25" West 6.04 feet along the face of said steps to an existing ¾” rebar; Thence South 89°29'08" West 80.70 feet;
Thence South 02°14'20" East 57.37 feet; Thence South 89°42'11" West 25.00 feet; Thence South 26°02'22" West 93.21
feet; Thence South 16°49'50" West 167.48 feet; Thence South 37°56'51" West 73.49 feet; Thence South 50°03'56"
West 56.02 feet; Thence South 62°44'10" West 59.82 feet; Thence South 81°03'24" West 97.05 feet; Thence North
79°29'29" West 24.71 feet (recorded as 24.75 feet) to the West line of said Block “M”; Thence North 00°03'50" East
308.21 feet along the West line of said Block “M”; Thence North 89°07'52" East 5.30 feet; Thence North 19°19'59"
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 East 31.96 feet; Thence North 89°07'52" East 120.88 feet along the South line of said Lot 4 to the Southeast corner
thereof; Thence North 09°08'09" East 569.70 feet (recorded as 569.95 feet) to the Southeast corner of Lot 3 of said
Block “M”; Thence North 89°55'47" West 167.16 feet along the South line of said Lot 3 to the Point of Beginning.
Including all those lands between the afore described meander line and the Fox River. Excluding the 1' x 197.7' m/l
concrete retaining/breakwater wall owned by the USA. Subject to all easements and restrictions of record. That I have
fully complied with the provisions of Chapter 236.34 of the Wisconsin Statutes and the City of Appleton subdivision
ordinance in surveying, dividing, combining and or mapping the same. That this map is a correct representation of all
exterior boundaries of the land surveyed and the combination or division thereof.
Dated this _____ day of _____________________, 2013.
__________________________________________________
Wisconsin Registered Land Surveyor, Thomas M. Kromm
This Certified Survey Map is contained fully within tax parcel 31-1-0765-01, 31-1-0732-00 and 31-1-0772-00. This Certified Survey
Map is contained within the property described in the following recorded instruments: Doc. No.1967538, Doc.No.1995379 and less
Doc. No.1995372.

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 EXHIBIT C

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 “…meeting community needs…enhancing quality of life.”

PARKS, RECREATION & FACILITIES MANAGEMENT
Parks & Recreation
100 North Appleton Street
Appleton, Wisconsin 54911-4799
(920) 832-5905 / FAX (920) 832-5950
www.appleton.org

EXHIBIT E
CITY TRAIL DEVELOPMENT REQUIREMENTS
Permanent Easement/Private Property
1. Easement. City shall be granted a permanent easement to the trail, as defined in the City of
Appleton Trail Maintenance and Operations Plan (“Plan”), and the entire trail system on the
property as exhibited in the Site Plan.

2. Maintenance. Developer shall maintain the easement area including trail maintenance,
mowing, garbage removal, and removal of snow and ice as described in the Plan.
3. Construction.
a.

The trail must be constructed using asphalt, which must be a minimum of
three (3) inches thick.

b.

The base of the trail must have a minimum of eight (8) inches of compacted
gravel material.

c.

The minimum width of the base must be twelve (12) feet.

d.

Width of the paved/poured trail must be a minimum of ten (10) feet.

e.

Developer to install lighting along the trail including separate metering.
Lighting shall be provided utilizing bollards and/or lighting poles spaced as
submitted to the City on August 3, 2016, and for staff review on September 9,
2016. City approval will be granted upon completion of staff review of the
Site Plan Resubmittal dated September 9, 2016, or any subsequent
Resubmittals as necessary to obtain final City approval based upon staff
review, which shall not be unreasonably withheld.

4. Vehicles. Maintenance and emergency vehicles may use the trail for the purposes of
building, maintaining and responding to emergencies on the easement area.
5. Design. Developer to install the trail utilizing the design specified in this Development
Requirements and per drawings resubmitted for staff review on September 9, 2016. City approval
will be granted upon completion of staff review of the Site Plan Resubmittal dated September 9,
2016, or any subsequent Resubmittals as necessary to obtain final City approval based upon staff
review, which shall not be unreasonably withheld.
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 EXHIBIT F

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 Exhibit G
CITY OF APPLETON TRAIL MAINTENANCE AND OPERATING PLAN
Permanent Easement/Private Property

The purpose of this Trail Maintenance Plan (“Plan”) is to clarify the duties and responsibilities of Owner and
the City regarding the trail located on the Owner’s property.
DEFINITIONS
For the purposes of this Plan, the following terms shall have the following meanings except where the
context clearly indicates a different meaning:
City:

The City of Appleton, a Wisconsin municipal corporation with a business address of 100
North Appleton Street, Appleton, WI 54911. A responsibility that must be completed by
the City in accordance with this Plan may be done by an employee or authorized agent of
the City.

City Code:

The Municipal Code of the City of Appleton.

Defect:

A problem with the trail or a portion thereof that may cause a safety concern or hazard to a
person using the trail.

Fixture:

Real property permanently located on the trail that is owned and maintained by the City,
and may include benches, light fixtures and waste receptacles. City ownership of any
Owner-installed fixtures shall be evidenced by a bill of sale from the Owner to the City.

Owner:

The person(s) or entity that owns the property containing the trail. A responsibility that
must be completed by the Owner in accordance with this Plan may instead be done by an
employee or authorized agent of the Owner.

Trail:

A paved path with a permanent easement to the City that is located on the Owner’s
property and designated a trail pursuant to City Code, Chapter 13, and subject to the rules
and regulations thereof.
TRAIL MAINTENANCE

1.0

Owner’s Responsibility
1.1

Trail Maintenance. The Owner is responsible for the following trail maintenance:

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 1.1.1

Snow and Ice Removal. The Owner must ensure snow and ice is removed from the
trail, including plowing the trail within thirty-six (36) hours of the cessation of a
snowfall and immediately treating the trail with sand, salt or other substance to
prevent it from being slippery after the accumulation of ice.

1.1.2

Vegetation.
1.1.2.1 Encroaching Vegetation. The Owner must ensure a minimum of four (4)
foot clearance from the paved edge of the trail at all times from
encroaching vegetation, including grass, weeds, brush and tree limbs.
1.1.2.2 Grass. The Owner must mow the grass located within the easement area
of the trail and must comply with the grass height limits per Sec. 12-58(c) of
the City Code.

1.2

1.3

2.0

Inspection. The Owner must routinely inspect the trail for garbage, debris, obstructions,
necessary repairs and defects.
1.2.1

Garbage and Debris. The Owner must ensure the immediate and proper disposal
of any garbage and debris found on the trail.

1.2.2

Obstructions. The Owner must remove obstructions to or on the trail if the
obstruction falls within Sec. 1.1.2.1 above, or if it is within the Owner’s reasonable
ability to remove the obstruction, otherwise the Owner must notify the City within
twenty-four (24) hours of becoming aware of the obstruction whereupon the City
shall be responsible for the removal of the obstruction.

1.2.3

Defects. The Owner must immediately notify the City upon becoming aware of a
defect.

1.2.4

Repairs. The Owner must notify the City within three (3) business days of learning
of the need to repair or replace a fixture or the need to repair the trail where the
repair does not rise to the level of being a defect.

Claims. In the event the Owner becomes aware of an incident involving personal injury
and/or property damage occurring on the trail, the Owner must notify the City within five
(5) business days of becoming aware of the incident.

City’s Responsibility
2.1

Trail Maintenance. The City is responsible for repairs to the trail, for the repair and/or
replacement of fixtures, and for the removal of obstructions to or on the trail that the
Owner is unable to remove.
2.1.1

Defects. Upon learning of a defect, the City must inspect the trail as soon as
possible and make any necessary repairs, in the City’s discretion, as soon as
reasonably possible.

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 3.0

2.1.2

Repairs/Replacements. Upon learning of the need to repair or replace a fixture, or
the need to repair the trail where the repair does not rise to the level of being a
defect, the City shall inspect the fixture and/or trail as soon as reasonably possible
to determine whether, in the City’s discretion, repair or replacement is needed.
The City shall make necessary repairs and/or replacements as soon as reasonably
possible. City shall not make any replacement of a fixture substantially different
from the original fixtures without the authorization of the Owner. Furthermore,
City shall not install additional fixtures along Trail without Owner’s consent, which
shall not be unreasonably withheld.

2.1.3

Obstruction. Upon learning of an obstruction to or on the trail, the City shall be
responsible for the removal of the obstruction as soon as reasonably possible and
for the proper disposal of said obstruction.

2.2

Trail Operating Costs. The City shall be responsible for payment of the ongoing electric bills
relating to lighting of the trail. Such costs shall be individually metered.

2.3

Trail Closure. The City shall be responsible for closing the trail for both planned and
unplanned reasons, and must notify the Owner as soon as reasonably possible about a
closure.

Other Terms And Conditions
3.1

Governing Law. This Plan is governed by the law of the State of Wisconsin, Outagamie
County.

3.2

Disputes. Should a dispute arise out of this Plan, the Owner and the City agree to work
together for thirty (30) days to try and resolve the dispute. If the dispute is not resolved,
the parties agree to mediate the dispute prior to taking any further legal action.

3.3

Indemnification. Each Party (the “Indemnifying Party”) shall indemnify, defend and hold
harmless the other party and the other party’s subsidiaries, affiliated entities, successors,
assigns, officers, directors, shareholders, members, managers, employees, attorneys and
agents (each an “Indemnified Party”) from and against any and all claims, actions, causes of
action, liabilities, losses, demands, fines, and penalties, judgments, damages or expenses,
including reasonable attorney fees and costs incurred by or on behalf of any Indemnified
Party due to, arising out of or relating to any act or omission of the Indemnifying Party
under this Plan, except to the extent caused by the negligence or willful misconduct of the
Indemnified Party.

3.4

Taxes and Assessments. The Owner and the City shall each be independently responsible
for tax liabilities and IRS reporting requirements as they relate to this Plan.

3.5

Notice. Notices required pursuant to this Plan shall, whenever practicable, be served in
person or, alternatively, mailed by Certified Mail with Return Receipt in which case the date
of mailing shall be considered the date notice is given.

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 3.6

Amendments. This Plan may be modified at any time upon written agreement between the
Owner and the City.

3.7

Insurance. The Owner must maintain insurance in accordance with the attached
“INSURANCE REQUIREMENTS FOR CITY OF APPLETON ‘SMALL EXPOSURE JOBS.’”

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 "EXHIBIT B"
INSURANCE REQUIREMENTS
FOR CITY OF APPLETON
"SMALL EXPOSURE JOBS"
It is hereby agreed and understood that the insurance required by the City of Appleton is primary
coverage and that any insurance or self-insurance maintained by the City of Appleton, its officers,
council members, agents, employees or authorized volunteers will not contribute to a loss. All
insurance shall be in full force prior to commencing work and remain in force until the entire job is
completed or the length of time that is specified in the contract.
1.

2.

GENERAL LIABILITY COVERAGE
A.

Commercial General Liability must limits of:
(a)
$1,000,000 general aggregate – per project
(b)
$1,000,000 products - completed operations aggregate
(c)
$1,000,000 personal injury and advertising injury, and
(d)
$1,000,000 each occurrence limit

B.

Claims made form of coverage is not acceptable.

C.

Insurance must include:
(a)
Premises and Operations Liability
(b)
Contractual Liability including coverage for the joint negligence of the City
of Appleton, it officers, council members, agents, employees, authorized
volunteers and the named insured
(c)
Personal Injury
(d)
Explosion, collapse and underground coverage
(e)
Products/Completed Operations
(f)
The general aggregate must apply separately to this project/location

WORKERS COMPENSATION AND EMPLOYERS LIABILITY - If required by
Wisconsin State Statute or any Workers Compensation Statutes of a different state.
A.

3.

Must have for Statutory Workers Compensation and Employers Liability limit of:
(a)
$100,000 Each Accident
(b)
$500,000 Disease Policy Limit
(c)
$100,000 Disease - Each Employee

ADDITIONAL PROVISIONS
A.

Additional Insured - On the General Liability Coverage. City of Appleton, and
its officers, council members, agents, employees, and authorized volunteers shall
be Additional Insureds.

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 B.

Endorsement - The Additional Insured Policy endorsement must accompany
the Certificate of Insurance.

C.

Certificates of Insurance - A copy of the Certificate of Insurance must be
provided if requested.

D.

Notice - City of Appleton requires 30 days written notice of cancellation or
non-renewal of the insurance coverage.

E.

The insurance coverage required must be provided by an insurance carrier with
the "Best" rating of "A-VII" or better. All carriers shall be admitted carriers
in the State of Wisconsin.

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