HomeMy WebLinkAboutIntergov Agreement-National Guard detention basin Armory PlINTERGOVERNMENTAL COOPERATION AGREEMENT
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DEPARTMENT OF MILITARY AFFAIRS
STATE OF WISCONSIN
AND
CITY OF OSHKOSH
THIS AGREEMENT ,is made between the City of Oshkosh, a Wisconsin municipal corporation (the
"City ") and the Department of Military Affairs, State of Wisconsin (the "State ").
WHEREAS the City desires to construct a wet storm -water detention pond for the South Branch and
Main Stream branches of the Campbell Creek Watershed; and
WHEREAS the need to construct a wet storm -water detention pond requires the transfer of certain State
owned land interests to the City, and
WHEREAS the State desires to have state -owned land occupied by the Wisconsin National Guard and
more particularly described as 1415 Armory Place (the "Premises ") to include a Planned Development
overlay district (PD); and
WHEREAS the State requires City approval of a conditional use permit for the construction of a motor -
vehicle storage facility; and
WHEREAS Section 66.0301 of the Wisconsin Statutes allows municipalities to enter into agreements for
the receipt or furnishing of services or joi t exercise of any power or duty required or authorized by law.
NOW THEREFORE, in consideration of the mutual covenants set forth herein, and for other good and
valuable consideration, it is agreed by and between the parties as follows:
1. Storm -water Detention Area. The State shall convey to the City by quit -claim deed
approximately nine (9) acres of land for the construction of a City owned and operated wet storm -water
detention pond. The approximate location and dimensions of the storm -water detention pond are
depicted on Attachment 1. The City agrees the State may utilize the proposed Storm Water Detention
Pond to meet the current and future runoff quantity requirements of the City and the Total Suspended
Solids (TSS) requirements of the DNR for existing and future development on the Armory Site. The
State must convey the stormwater runoff from the National Guard development to the stormwater
detention pond. The City agrees that the State may continue to utilize the area to be conveyed for storm -
water detention under this paragraph for the temporary storm water management required under the CUP
issued August 26, 2008.
2. Rezoning. Upon application by the State, the City agrees to initiate the process to include a
Planned Development (PD) overlay on the premises.
3. Compensation. The city agrees to pay the State fair - market value for the conveyance of the
land used for street right -of -way purposes and storm -water detention pond as described in paragraphs 1
and 2 above. Fair- market value shall be the average price of three independent appraisals. The State
agrees to pay the appraisal costs.
IN WITNESS WHEREOF the parties agree to execute this Agreement which shall be effective as of the
date last written below.
DEPARTMENT OF MILITARY AFFAIRS CITY OF OSHKOSH
State of Wisconsin A Wisconsin Municipal Corporation
By: By: