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MAY 10, 2005 05-135RESOLUTION
(CARRIED__6-0____ LOST________ LAID OVER________ WITHDRAWN________)
PURPOSE:APPROVE MEMORANDUM OF UNDERSTANDING / DRAINAGE /
AVIATION INDUSTRIAL PARK
INITIATED BY:CITY ADMINSTRATION
WHEREAS, the City of Oshkosh previously entered into an agreement with
Oshkosh Truck Corporation, which enables the company to use a vacant piece of city-
owned land in the Aviation Industrial Park for vehicle storage; and
WHEREAS, CHAMCO, Inc., has sold to Dahl Properties, LLC, an adjacent parcel
of land and the drainage pattern for proposed development flows through the leased
property toward the nearby creek; and
WHEREAS, the company has agreed, through a memorandum of understanding,
to permit the stormwater discharge through its leased land at runoff rates not to exceed
current rates; and
WHEREAS, Dahl has agreed to indemnify and hold the company and the City of
Oshkosh harmless for any loss arising from Dahl’s use of the leased property for this
purpose and will further restore and remediate the subject land to its original condition;
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Oshkosh hereby approves the proposed memorandum of understanding with Dahl
Properties LLC and Oshkosh Truck Corporation and the proper City officials are hereby
authorized to execute and deliver an appropriate document for purposes of same, any
changes in the execution copy being deemed approved by their respective signatures, and
said City officials are authorized and directed to take those steps necessary to implement
the terms and conditions of the memorandum.