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HomeMy WebLinkAbout07-66 FEBRUARY 13, 2007 07 -29 07 -66 JANUARY 23,2007 PENDING RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE AGREEMENT WITH CHAMCO - INDUSTRIAL PARK LAND INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement for sale of lands for industrial development between the City of Oshkosh and CHAMCO, Inc. is hereby approved; any changes in the execution copy being deemed approved by their respective signatures, and the proper City officials are hereby authorized and directed to enter into same. AGREEMENT WHEREAS, the City of Oshkosh owns certain lands within the corporate limits of the City of Oshkosh and desires .to sell such lands for industrial development; and . " ' WHEREAS, the CitY periodically seeks to acquire additioliallands fbr future industrial development; and WHEREAS, CHAM CO, Inc., is a non-profit Wisconsin corporation interested in the industrial development of the City of Oshkosh and having the means and ability to work toward the acquisition, sale and development of land industrially. . . NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the "CITY", and CHAMCd,lnc., hereinafter referred to as "CHAMCO", in order to work towards the industrial development of the following described property, viz: . A. A VIA nON INDUSTRIAL PARK RNORTH INDUSTRIAL PARK C. NORTHWEST INDUSTRIAL PARK D. 'SOUTHWEST INDUSTRIALPARK agrees as follows: The City agrees: 1. That by these presents, for and in consideration ofTen Dollars ($10.00) in hand paid, receipt of which is hereby, acknowledged from CHAMCQ, has agreed and does agree to hold until the thirty-first (31 st) day of January, 2009 at 12:00 PM, time being of the essence of this Agreement, an option, subject to the order of CHAMCO to purchase all of the premises owned by the City of Oshkosh known as and consisting onhe following: A. A VIA nON INDUSTRIAL PARK B. NORTH INDUSTRIAL PARK C. NORTHWEST INDUSTRIAL PARK D. SOUTHWEST INDUSTRIAL PARK and the City of Oshkosh covenants to convey by Warranty Deed any portion of said property thereof at any time within the above time prescribed, to CHAMCO or such person or persons as CHAMCO may direct for and at the price as shown on "Attachment B", payable on delivery of a Warranty Deed by the City; subject, however, to the further requirement that this Option shall be of no effect and no rights shall inure to CHAMCO or any other person or persons hereunder or by any purported exercise of this Option, unless within the time written notice of exercise of this Option ,shall be delivered to the City Attorney ofthe City. The purchase price' attached. hereto includes for all industrial parks, graded, graveled and paved streets, street lights, sanitary sewer, water mains and storm sewers, as 'needed. 2. CHAM CO, a non-profit organization, agrees: . (a) To attempt to work toward the industrial development of the land which is the subject matter of this Agreement. (6) To sell land for uses as permitted in the approved' Protective Covenants and in accordance with,the "lndustrial Park Sales Policies and Guidelines" (see "Attachment A"). ( c) That they have adopted Protective Covenants for land sold hereunder and before any changes to said Covenants are adopted, they will be submitted to the Oshkosh Common Council for. review. CHAMCO ,shall monitor th~ enforcement of these Covenants and if a breach occurs which requires repurchase, then in that event, CHAM CO shall assign its right to repurchase to hC~ . ' 3) . CHAMCO shall assist the City in acquisition of suitably, identifiable lands for futUre industrial development with the City reimbursing CHAMCO for itsreasonable, out-of-pocket expenses. ' THIS AGREEMENT shall be terminable by either party by giving to the other party six (6) months written notice of its desire to terminate. ' ' ' IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and CHAMCO, fuc. have respectively caused this , Agreement to be duly executed on this ~ay of , 2007. ' CITY OF OSHKOSH CHAM CO, INC. By: Richard A. Wollangk; City Manager By: President And: Pamela R. Ubrig, City Clerk And: Secretary ST A TEOF WISCONSIN') ) ss. WINNEBAGO COUNTY) . \, ' Personally came before me this day of. ,2007, the above named Ri~hard A. Wollarigk, City Manager and Pamela R. Ubrig, City Clerk, of the City of Oshkosh, to me known to be the persons who executed the foregoing instrument and acknowledged same as and for said Corporation, by its authority. . . . .' STATE OF WISCQNSIN.") ) ss. WINNEBAGO CQUNTY ) .. NotaryPublic, Winnebago County, WI My Commission Expires: . , . Personally Clime before me this day6f ,2007, the. above named .' , President, and ' ,Secretary, of CHAM CO, Inc." to me known to be the persons who executed the foregoing instrument and acknowledged same asa'nd -for said Corporation, by its authority. ' Approved as to form: .. Notary Public, Winnebago County, WI My Commission Expires: Lynn Lorenson, Asst. City Attorney "ATTACHMENT A" c:;ITY OF OSHKOSH INDUSTRIAL PARK SALES POLICIES AND GUIDELINES Industrial Parkswithin the City of Oshkosh have been developed as a result ofasuccessful public-private partnership working for the community benefit -- tbroughjob cr~ation, economic growth, and expanded tax base. It represents th~~ commitment by the community to provide a suitable setting for planned, orderly indu~trial development to occur., . The salespolicie,s and guidelines described herein will befollowed when land sales 'are considered in each of the City's: IndustriaJ Parks. These policies and guidelines in combination with the Protective Covenants, are intelided to promote; the overall quality of development, to attract quality, labor intensive companies, and to ensure that the industrial parks remain successful public investments. . , . . . .' . . . - . . . . 1) CHAM CO, Inc. is designated as' the exclusive agent regarding the sale of property in each of the City's' Indu~trial ParkS. 2) All contacts and communications with prospects will be handled on a confidential basis. 3) To be considered ~orapproval, a project must produce the following public benefits: (A) Initial construction on the site will produce a building to land coverage.of 11% minimum. . (B) '. The pr~ject will generat~an i.nitialtaxable real estate valueof$lOO,OOO per acre, inclusive of land. (C) The project will supply 3 jobs per acre ofland purchased, with a likelihood of creating an additional 3 jobs per acre within five (5) years. Any sales proposal which does not meet one or more of these public benefits, may still be considered for approval if, inthe opinion of CHAMCO, Inc., the project fits the development objectives of the City and CHAMCO, Inc. ' 4) Land sales should be undeI1:aken in such a manner so as to promote and encourage compact and orderly development of each Park; The identification of sites should be done so as to .avoid the creation of remnant parcels and areas ofirre~lar shape and size. CHAMC6, lnc; shall consult with City staffin the delineation of sites. 5) Land sales may also be accomplished by an option for a maximum term of three (3) years with the annual option payment equal to the amount of real .estate property tax that would accrue on the industrial park acreage if the optioned acreage is on the tax. role. The option money, less any reasonable costsfor incidental expenses associated with creating the option, would accrue directly to the City and would not be applied to the sales . prices. 6) Offers to purchase shall c,ontain a provision that the purchaser, if a not-for-profit or otherwise tax exempt entity, shaU make an annual. payment to the City in lieu of property taxes equal to the mill rate for City purposes multiplied by the assessed value ofIand anq improvements as estimated by the City Assessor. j'ATTACHMENT B" SCHEDULE OF PRICES A. 'AVIATION'INDUSTRIAL P ARI( (no lands'ilVailable) B. . " . . NORT'H INDUSTRIA,L.PARK Property fronting on' Jackson St. , , $12,000 per acre C. NORTHWEST INDUSTRIAL PARK SOUTHWEST INDUSTRIAL PARK Parcels not in expansion area , $17,500 per acre D. $18,000 per acre. Expansion area $26,000 per acre The 9ity of Oshkosh reserves the right to reduce the prices herein established for individual parcels for good arid sufficient reasons as determined by said City: CHAMCO, Inc. shall have the right to sell the properties which arethf: subject matter of this Agreement and shall receive sixteen percent (16%) commission plus any reasonable costs for incidental expenses including land survey fees, attorney fees, engineering studies and soil tests, excluding environmental studies, associated with said sale. Should the City determine to sell land for less than the scheduled price, then CHAMCO's 'sixteen percent (1-6%) shaH bedeterrnined by the actual selling price. When land is repurchased by the City, due to non~irriplementation of the project that had been proposed per its initial[ .... sale,CRAMCQ will be entitled, upon the resale of said land, to a sixteen percent (16%) commission figured on the: value of any increment that exists between the original selling price and the resale price, plus any reasonable costs for incidentai expenses assoch'lted with said resale.' ,.' , . .' . . The above schedule shall be in effect un~iJ January) 1, 2009. However, the above price structure may be adjusted annually by mutual agreement by the parties. Any adjustments wo~ld be effecti:ve on or after February 1 of the year in which the prices are changed. ' :chamco agreement revised Jail 2003; 1/05~ 1/07 . '. . . ". ,;. . . "~', . Industrial Parks CITY OF OSHKOSH, WISCONSIN ,,+ e> ~ o 0.2$ 0.$ 1.71 1 1-ZS ~ ~,.....