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Home My WebLink AboutCHAMCO-Industrial Development 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 additional lands for future industrial development; and WHEREAS, CHAMCO, 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 CHAMCO, Inc., hereinafter referred to as "CHAMCO ", in order to work towards the industrial development of the following described property, viz: A. AVIATION INDUSTRIAL PARK B. NORTH INDUSTRIAL PARK C. NORTHWEST INDUSTRIAL PARK D. SOUTHWEST INDUSTRIAL PARK agree as follows: 1. That by these presents, for and in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, that CHAMCO does hold until the thirty -first (31st) day of January, 2013 at 12:00 PM, time being of the essence of this Agreement, an option, to purchase all of the premises owned by the City of Oshkosh known as and consisting of the following: A. AVIATION 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 of the 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. That the City shall make an annual payment to CHAMCO in the amount of Thirty -seven Thousand Five Hundred Dollars ($37,500.00). 3. CHAMCO, 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. 1 (b) To sell land for uses as permitted in the approved Protective Covenants and in accordance with the "Industrial 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 the enforcement of these Covenants and if a breach occurs which requires repurchase, then in that event, CHAMCO shall assign its right to repurchase to the City. 4. CHAMCO shall assist the City in acquisition of suitably identifiable lands for future industrial development with the City reimbursing CHAMCO for its reasonable, out -of- pocket expenses. 5. This Agreement may be assigned to a successor organization with written consent of the City, which shall be given by the City Manager. 6. 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, Inc. have respec vely caused this Agreement to be duly executed on this — 7--'- \ day of A ---- A r U■rk_ c () , 2011. CITY OF OSHKOSH CHA INC. By: 1,--- e By: L c Maloff, City anager • ab. th , ■ EO > `, And ` # - 4 An.' ,. t _. , Pamela R. Ubrig, City Clerk David Omachinski, Chairperson STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this / day of iMACLifl , 2011, the above named Elizabeth Hartman, CEO, and David Omachinski, Chairperson, thf CHAMCO, Inc., to me known to be the persons who executed the foregoing instru ent and acknowled• -d s me as and for said Cori a ; its authority. 41� .ithik1 .4. ® Y ' % Notary •u•lic, in -bago C. my WI - ' ' My Commission xpires: . 3171 /O1. r 2 STATE OF WISCONSIN) ) ss. WINNEBAGO COUNTY ) Personally came before me this 0 day of e _ :.11, 11 it ,z1 , 2011, the above named Mark Rohloff, City Manager and Pamela R. Ubrig, City Clerk, of fhe 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. Notary Purplic, Winnebago County, WI My Commission Expires: 4 -/ 3 Ap• ved as to for k _ r►, A Lorenson,! £ ttorne Y 3 "ATTACHMENT A" CITY OF OSHKOSH INDUSTRIAL PARK SALES POLICIES AND GUIDELINES Industrial Parks within the City of Oshkosh have been developed as a result of a successful public - private partnership working for the community benefit -- through job creation, economic growth, and expanded tax base. It represents the commitment by the community to provide a suitable setting for planned, orderly industrial development to occur. The sales policies and guidelines described herein will be followed when land sales are considered in each of the City's Industrial Parks. These policies and guidelines in combination with the Protective Covenants, are intended 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) CHAMCO, Inc. is designated as the exclusive agent regarding the sale of property in each of the City's Industrial Parks. 2) All contacts and communications with prospects will be handled by CHAMCO on a confiden- tial basis. 3) To be considered for approval, a project must produce certain public benefits including quality job creation and addition to the tax base. 4) Land sales should be undertaken 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 of irregular shape and size. CHAMCO, Inc. shall consult with City staff in 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 costs for 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 contain a provision that the purchaser, if a not - for - profit or otherwise tax exempt entity, shall 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 of land and improvements as estimated by the City Assessor. 4 "ATTACHMENT B" SCHEDULE OF PRICES A. AVIATION INDUSTRIAL PARK (no land available) B. NORTH INDUSTRIAL PARK Property fronting on Jackson St. (no land available) C. NORTHWEST INDUSTRIAL PARK $17,500 per acre D. SOUTHWEST INDUSTRIAL PARK $26,000 per acre The City of Oshkosh reserves the right to reduce the prices herein established for individual parcels for good and sufficient reasons as determined by said City. CHAMCO, Inc. shall have the right to sell the properties which are the 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 Tess than the scheduled price, then CHAMCO's sixteen percent (16 %) shall be determined by the actual selling price. When land is repurchased by the City, due to non - implementation of the project that had been proposed per its initial sale, CHAMCO 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 incidental expenses associated with said resale. The above schedule shall be in effect until January 31, 2013. However, the above price structure may be reviewed and adjusted prior to January 31, 2013 by the City, in consultation with CHAMCO, and upon approval of the Oshkosh Common Council. 5 `` 1 Maas w _ 211 4 0 / , 1 N 1 ,-- 1� • N 1 r b ?/ ` � @ �� I • . 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