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HomeMy WebLinkAboutGrant Agreement/WI Dept of Administration 01-091-0000 1 4 PS 3 REGISTER'S OFFICE WINNEBAGO COUNTY, WI GRANT AGREEMENT RECORDED ON 06/01/2010 09:44AN Between the REGISTEERR OF DEEDS State of Wisconsin RECORDING FEE 23.00 Department of Administration TRANSFER FEE • OF PAGES 7 And City of Oshkosh Recording Area Name and return address: �Y. This Agreement is made and entered into by and Ci ty Attorney � between the Department of Administration, State of PO Box 1130 Wisconsin ( "Grantor ") and the City of Oshkosh Oshkosh, WI 54903 -1130 ( "Grantee ") . PIN # 0 09/- 00 -00 WHEREAS, the Wisconsin State Legislature has determined that public support for the performing arts and cultural arts contributes to the education, enjoyment and quality of life of Wisconsin residents; and WHEREAS, the Wisconsin State Legislature has determined that the Grand Opera House in the city of Oshkosh plays a vital role in delivering performing arts and cultural arts to the citizens of this state; and WHEREAS, the Wisconsin State Legislature has determined that it is in the public interest and it is the public policy of the state to assist the City of Oshkosh in the restoration and repair of the Grand Opera House; and WHEREAS, the Legislature has provided that the Wisconsin State Building Commission may authorize up to Five Hundred Thousand ($500,000.00) Dollars of general fund supported borrowing to aid in the restoration and repair of Grand Opera House; and WHEREAS, the statutes provide that the state funding commitment for the restoration and repair of the Grand Opera House shall be in the form of a grant to the Grantee; and WHEREAS, the statutes provide that the state funding commitment for the restoration and repair of the Grand Opera House shall not be released by the Wisconsin State Building Commission until the Commission has determined that the City of Oshkosh has secured at least One Million ($1,000,000) Dollars of additional funding commitments from non -state revenue sources; and °P4 WHEREAS, the Wisconsin State Building Commission, at its meeting on October 21, 2009, determined that the City of Oshkosh has met all the conditions set forth by the Legislature and authorized the Grantor to release funds to the City of Oshkosh for the restoration and repair of the Grand Opera House the amount of Five Hundred Thousand ($500,000.00) Dollars general fund supported borrowing as a grant to the Grantee. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties hereto agree as follows: 1. The Grantor shall make payments to the Grantee in the total amount of Five Hundred Thousand ($500,000.00) Dollars, as reimbursement of construction expenses paid by the Grantee. The Grantor shall disburse the grant as a one time lump sum payment (Form of requisition attached as Exhibit A). 2. The Grantee has provided information to the Grantor showing that it has secured additional funding commitments for the remainder of the approximately Two Million Three Hundred Thousand ($2,300,000.00) Dollars project cost from non -state revenue sources, the non -state revenue sources are reasonable and available and the total funding commitments of the state and the non -state sources will permit Grantee to satisfy the payments for the repairs and renovation of the Grand Opera House. The Grantee shall provide such additional information as may be required by the Grantor from time to time to show its compliance with the requirement of this paragraph. 3. The Grand Opera House is located at 100 High Avenue in the city of Oshkosh. The legal description of the facility is attached hereto as Exhibit B. 4. Other than payment of the Five Hundred Thousand ($500,000.00) Dollars in grant funds, the State of Wisconsin and its agencies, officers and employees will have no obligation regarding the new facility. Therefore, the Grantee hereby agrees to indemnify, hold harmless and defend the State of Wisconsin and its agencies, officers and employees against any financial obligation or liability regarding the construction of the renovation, including, but not limited to, injury to any person or property or environmental hazards which may be encountered in the construction, maintenance and management of this facility. Grantee shall maintain full replacement cost coverage for the facility and upon loss or destruction of the facility shall repair or rebuild the facility within three (3) years from the date of loss or repay to Grantor the amount of the Grant. The form of this replacement cost coverage shall be satisfactory to the Grantor. 5. Pursuant to 2009 Wisconsin Act 28 and Article 8, section 7, sub. 2 of the State of Wisconsin Constitution, all grantees are required to sign the attached Use Restriction Easement. The grantee, by its acceptance of funds voluntarily granted by the Building Commission, hereby accepts a use restriction easement over property for a period of twenty (20) years hereof or until such time that the person charged with the administration of the grant determines that the purpose of the grant has been satisfied. The use restriction easement 2 shall be of the nature and character and to the extent and on the terms and conditions set forth therein. 6. The Grantee shall not discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical conditions, development disability as defined in Section 51.05(5), Wisconsin Statutes, sexual orientation, or national origin. This provision shall include, but not be limited to, employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Grantee shall take affirmative action to ensure equal employment opportunities. The Grantee shall post in conspicuous places, available for employees and applicants for employment, notices to be provided by the Grantee setting forth the provisions of the nondiscrimination clause. An Affirmative Action Plan is required from any Grantee who receives an award from the Grantor in excess of Twenty -five Thousand ($25,000.00) Dollars and who has a workforce of twenty -five (25) or more employees as of the Grant date. The Grantee shall include these provisions in any subcontract associated with this Grant. 7. The Grantee shall establish a record keeping system, which assures that the Grantee is in compliance with this Agreement. The system shall provide an historic account of Agreement activities for examination and review by anyone authorized by the Grantor. Records must be maintained after final completion of construction for a period of not less than three (3) years. The minimum acceptable records for administrative purposes of this Agreement consist of invoices for allowable construction costs, materials and equipment and construction services and professional, architectural and engineering fees. The Grantee shall maintain sufficient segregation of accounting records for this Agreement separate from other agreements, projects and programs. Documents related to this Agreement shall be made available for review by the Grantor during normal business hours. The Grantor shall have access to all records related to this agreement at any time during normal business hours, and shall have the right to examine, audit, excerpt, transcribe and copy on the premises any directly pertinent records, in whatever form, relating to this Agreement. If the material is on electronic media, the Grantee shall provide copies in such form as may be requested by the Grantor. This provision shall also apply in the event of termination of this Agreement. 8. If funds from the Grant are not used for the repairs and renovation of the Grand Opera House, the Grantor shall retain an ownership interest in the facility equal to the amount of the state's grant. 3 9. This Grant Agreement shall be recorded in the Office of the City Clerk of the City of Oshkosh. STATE OF WISCONSIN City of Oshksoh (GRANT S -) (GRANTEE) i� By: /. Z! /Lid By: d Name: David W. Helbach Naf ie MarlNRohloff , City ge Title: Secretary State of Wisconsin Building By: a u0).L Commission Date: 3//4/ 8.O / d Name: Pamela R. Urbrig Title: City Clerk APPROVED ., �.. t ti CITY ATTO•f *SHKOSH, WISCONSIN 4 ACKNOWLEDGEMENT State of Wisconsin County of This instrument was acknowledged before me on , by as of _4 otary Public, Wis My Commission (expires) (is) - ,c. t - ' dt 6-- / - ' ACKNOWLEDGEMENT State of Wisconsin County of Wi sconsi n This instrument was acknowledged before me on February Ac , 2010 H b Mark A. Rohloff, City Manager,and Pamela R. Ubrig, City Clerk of City of Oshkosh, a Wisconsin municipality, located in Winnebago County, Wisconsin, to me known to be such officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. o ise d--,-.7- amzow,, ' o ary yU Winnebago Co Wisc.' in My Commission expires 11/17/13. 5 Attachment A State of Wisconsin Capital Finance Office Attn: Mr. Frank R. Hoadle1, Capital Finance Director 101 East Wilson Street, 10 Floor P.O. Box 7864 Madison, WI 53707 To Whom It May Concern: Requisition Date: Requisition Number Requisition of Construction Grant Funds Grand Opera House, City of Oshkosh On behalf of the Grand Opera House a draw on available grant funds for the above project is hereby requested. The invoice(s) for which reimbursement is requested are listed and attached separately. This grant draw is to reimburse construction invoice(s) paid by the Grand Opera House. The calculation of the amount of grant available and this draw is as follows: 1. Total Amount of Grant: $500,000.00 2. Total of Previous Grant Draws 0.00 3. Remaining Grant Available: $500,000.00 4. Total Invoices Submitted/Grant Draw $0.00 5. Cumulative total of Grant Draws (line 2 plus line 4) $0.00 6. Remaining Grant Available (line 1 minus line 5) $500,000.00 On behalf of the City of Oshkosh, I hereby certify that the invoices submitted with this letter are true and correct copies of the original invoices paid by the City of Oshkosh for this project and that the amounts requested for payment under this Requisition are due to the City of Oshkosh. Sincerely, Mark Rohloff, City Manager, City of Oshkosh Attachment B Legal Description of the Facility Grand Opera House Sely 10 Feet of Lot 2 Also all of lots 3,4, and 5 block8 original plat.