The URL can be used to link to this page

Home My WebLink AboutOAEDC/Universal Business Park 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 business park development; and WHEREAS, the City had previously entered into a series of agreements with Oshkosh Area Economic Development Corporation, a non-profit Wisconsin corporation committed to the economic development of the City of Oshkosh and having the means and ability to work toward the development of land for business park uses; and WHEREAS, an"Organizational Analysis and Direction"report was prepared by the Prager Team to examine Oshkosh's existing economic development structure and recommended a new public-private economic development partnership be created; and WHEREAS, Oshkosh Area Economic Development Corporation has recently consolidated with the Oshkosh Chamber of Commerce and the Oshkosh Chamber of Commerce wishes to continue to provide the services previously provided by the Oshkosh Area Economic Development Corporation during the transition to a new public-private economic development entity. NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the "CITY", and the Oshkosh Chamber of Commerce, hereinafter referred to as"Chamber," in order to work towards the commercial development of the following described properties, hereinafter referred to as the " BUSINESS PARK", viz: A. Universal Business Park agree as follows: 1. The City agrees that by these presents, for and in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged from Chamber, has agreed and does agree to hold until the thirty-first (31st) day of December, 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. Universal Business 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 Chamber or such person or persons as Chamber 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 Chamber 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 the premises, graded, graveled and paved streets, street lights, sanitary sewer, water mains and storm sewers, as needed, and the extension of gas and electrical service, excluding laterals. 1 2. Chamber, agrees: (a) To attempt to work toward the commercial development of the land which is the subject matter of this agreement. (b) To sell land for uses as permitted in the approved Protective Covenants and in accordance with the "Business Park Sales Policies and Guidelines" (see Attachment A"). (c) OAEDC had adopted Protective Covenants for land sold hereunder and that any rights and responsibilities regarding the Protective Covenants have been assumed by Chamber and before any changes to said covenants are adopted, they will be submitted to the Oshkosh Common Council for review. Chamber shall monitor the enforcement of these Covenants and if a breach occurs which requires repurchase, then in that event, Chamber shall assign its right to repurchase to the City. 3. This Agreement may be assigned to a successor organization with written consent of the City, which shall be given by the City Manager. 4. THIS AGREEMENT shall be terminable by either party by giving to the other party thirty (30) days written notice of its desire to terminate. Within ten (10) days of receipt of written notice to terminate from the City, Chamber shall provide to City a list of all prospective land buyers with whom Chamber is working as of the date of termination ("Prospective Buyers"). Pursuant to paragraph (5) of Attachment A to this Agreement, any real estate broker entitled to a commission under the terms of that paragraph, shall be entitled to commissions pursuant to the terms of this Agreement on any consummated land sale to a Prospective Buyer within one (1) year of termination of this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and Chamber have respectively caused this Agreement to be duly executed on this 3/5•- day of January, 2013. CITY OF OSHKOSH OSHKOSH CHAMBER OF COMMERCE By: - By: Mar Rohloff, City Manager n Casper, CEO & President And: .,, ...�1>1 And: �/_A.i _. .A Pamela R. Ubrig, City CI- k i Vicki Updik:$ hairperson 2 STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this y) day of January, 2013, the above named John Casper, CEO & President, and Vicki Updike, Chairperson , of the Oshkosh Chamber of Commerce to me known to be the persons who executed the foregoing instrument and acknowledged same as and for said corporation. Notary Public, Winnebago County, WI My Commission Expires: /'?¢rel. ; z0/5' STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) art/«1- Personally came before me thi _day of-January, 2013 the above named Mark Rohloff, 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. o ary Pub c, Winnebago County, WI My Commission Expires: / t7 Approved as to form: 411 .0( • n orenson, Attorney, Oshkosh, WI 3 "ATTACHMENT A" CITY OF OSHKOSH BUSINESS PARK SALES POLICIES AND GUIDELINES The development of the Business Park within the City of Oshkosh is a continuance of a successful public-private partnership working for the communities 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 Business Park development to occur. The sales policies and guidelines described herein will be followed when land sales are considered in the City's Business Park. These policies and guidelines in combination with the Protective Covenants, are intended to promote the overall quality of development, to attract high quality, service related businesses, and to ensure that the Business Park remains a successful public investment. 1) Chamber is designated as the exclusive agent regarding the sale of property in the City's Business Park. 2) All contacts and communications with prospects will be handled on a confidential basis. 3) Sales proposals will be considered for approval if, in the opinion of Chamber, the project fits the development objectives of the City and Chamber. 4) Land sales should be undertaken in such a manner so as to promote and encourage compact and orderly development of the business park and each individual parcel. The identification of sites should be done as to avoid the creation of remnant parcels and areas of irregular shape and size. Chamber shall consult with City staff in the delineation of sites. 5) Any real estate broker, licensed to conduct business in the State of Wisconsin, who represents a prospect, shall become eligible for a sales commission not to exceed four percent (4%) of the sale price, to be paid by the City from the proceeds of the sale, subject to the following terms: A. The Broker and prospect shall register in writing with Chamber at 120 Jackson Street, Oshkosh, Wisconsin 54901, prior to any land sale negotiations. B. No commission will be paid to any broker for sale of land to a prospect who registered directly with Chamber prior to contact with a broker. C. All land sale proposals and broker commission payments shall be approved by Chamber. D. A broker-registered prospect shall remain on the active list for a period of six months, unless renewal is requested by the broker. 4 • "ATTACHMENT B" UNIVERSAL BUSINESS PARK PRICING STRUCTURE LOT PRICE PER SQ. LOT AREA LOT PRICE PER SQ. LOT AREA NO FT. NO FT. 1 SOLD 93,596.24 sq.ft 17 SOLD 79,613.31 sq.ft 2 SOLD 54,617.38 sq.ft. 18 SOLD 127,079.51 sq.ft 3 SOLD 48,212.12 sq ft 19 SOLD 57,611.33 sq.ft 4 SOLD 54,532.03 sq ft 20 SOLD 37,108.27 sq.ft 5 SOLD 51,829.53 sq.ft 21 SOLD 54,225.81 sq.ft 6 SOLD 54,670.34 sq.ft 22 SOLD 43,561.12 sq.ft 7 1.25 54,147.24 sq.ft 23 SOLD 39,321.52 sq.ft 8 SOLD 58,864.21 sq.ft 24 SOLD 41,937.01 sq.ft 9 SOLD 70,781.86 sq.ft ` 25 SOLD 42,313.52 sq.ft 10 1.25 67,070.86 sq.ft 26 SOLD 125,297.10 sq.ft 11 SOLD 51,254.46 sq.ft 27 SOLD 91,481.68 sq.ft 12 SOLD 42,463.25 sq.ft 28 SOLD 101,583.51 sq.ft 13 SOLD 43,067.93 sq.ft 29 SOLD 91,819.60 sq.ft 14 SOLD 53,746.26 sq.ft 30 SOLD 97,220.87 sq.ft 15 SOLD 53,819.25 sq.ft - 31 2.50 294,030 sq.ft 16 SOLD 85,344.97 sq.ft NOTE: In the disposition of property in the Universal Business Park, lot lines and lot configurations may be adjusted from those shown on the attached site plan map. 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. Chamber shall have the right to sell properties which are the subject matter of this agreement for the consideration specified in this agreement and shall not receive a commission but the City will reimburse Chamber for its reasonable costs for incidental expenses including land survey fees, attorney fees, engineering studies and soil tests, excluding environmental studies associated with said sale. The above schedule shall be in effect until December 31, 2013. However, the above price structure may be reviewed and adjusted prior to December 31, 2013 by the City, in consultation with Chamberor upon termination of this Agreement as provided herein and upon approval of the Oshkosh Common Council. 5 "ATTACHMENT C" The "City of Oshkosh, Universal Business Park, Covenants and Restrictions" as on file in the Department of Community Development. OAEDC Business Park Agreement revised:1/05;1/07;1/09;1/11;1/13 6 LA . . = g - grEt .1 -a -c- o ■•• CO - .. t -- b F t: t :6 ',-. c:-.) ;-... 7: c CO 0- 9(. D, .1 3 ',..e: E ..-‘9,. -3 1 ;' c., Cl) o_ 3 o — .- .,-- s.__ Cr) 1- -0 I I R I 2 >.71 .. > i ya 'a •E :.g, N.- = o — c E D '— u) cai 8 (/) 0 ,-: R E " -4"E• ' w E.!..v, .;..-; = -, cn I r11 s'-'-.. ..._ , .., , - • - mita Er<.nvg 5.1 Q=0. ,. -=- , o . b c____,, \,. •---.,,, . 44'‹ "`• ' - .. .... ,.. ' < 'cl•Li". 6 ., \,'. -.' c■i*'6 c4.4;'' r'Qr7i2i3r .._ ,...)„ 6 to<1'. 6 0 0 ., di c%1 „.., a ' a r '' , ..,,,,, c‘i<NYc' 4i -c)‘' -. , .t) ' - - 4:1. L;Jr .. v-71 -. i --. ....:,!__.:ue,,,g . '- CV- ...• - o , **-- 'i 1 0 r Loa r ,...< 0 'As, 6 A 'C..C7, ; iv■7 1■C 1""C,°: „,1 •,7 I al • N. 'i ,- A 1 us. ... ..,. Nierl,, .4 No V nil , f000lrli.-1k7 - -- 1 irillinillilii---2\-' ()41.411144k 411111111111 ei 111111114611111k II I 1 , .s. s I A A alli ...................... s • 0 A I I A, riga liA . 4 CNI 7.3 IPP. IA % 0 ,,,, A 1 1° ,' s\'''V .., 1 1 t 1 t t 1166.‘,W \s t 1 1 A A I.BgC''''. \:' SAO\‘`,` .■1* ••.„ CS4 • --- ol A Cr< cl;f; - , , %‘ , , _ _ O.. 1111. I•P$A,,•• lik II. / 1-:./ ' '.- 1611111111 •. ,. . , i --; A I