HomeMy WebLinkAbout21. 13-301JUNE 11, 2013
13 -301 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH SIX RIVERS INVESTMENTS
FOR CITY'S ADMINISTRATION OF WEDC GRANT FOR
JELD -WEN PROPERTY
INITIATED BY: COMMUNITY DEVELOPMENT; SIX RIVERS INVESTMENTS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Agreement with Six Rivers Investments LLC relative to the City's
administration of a Wisconsin Economic Development Corporation (WEDC) Site
Assessment Grant (SAG) for the former Jeld -Wen property on West 6th Avenue is
hereby approved and the proper City officials are hereby authorized to execute and
deliver the agreement insubstantially the same form as attached hereto, any changes in
the execution copy being deemed approved by their respective signatures, and said
City officials are authorized and directed to take those steps necessary to implement the
terms and conditions of the Agreement.
City of Oshkosh
Community Development Department O HKO-IH
215 Church Avenue, Oshkosh, WI 54901 ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: June 6, 2013
SUBJECT: Approve Agreement with Six Rivers Investments, LLC for City's
Administration of WEDC Grant for Jeld -Wen Property on West 6" Ave.
BACKGROUND.
The City has submitted a Site Assessment Grant (SAG) on behalf of the new owners of
the Jeld -Wen property, Six Rivers Investments, LLC. The Wisconsin Economic
Development Corporation (WEDC) is the SAG administrator and is reviewing the grant
application and could approve the grant soon. The proposed grant of $149,840 will be
matched by private funds from the Six Rivers Investments LLC. If WEDC awards the
grant, the City would administer the grant funds.
ANALYSIS
The new owners of the Jeld -Wen property are planning to investigate, demolish
buildings and remediate the site as soon as possible. The general schedule for the site
is:
• Demolition of existing buildings by the end of 2013.
• Complete investigation activities by the end of 2013.
• Project Planning and design — 2013 and early 2014.
• Begin building construction in late 2014 or early 2015.
The SAG funds and investor funds will be used largely in 2013 for:
• Environmental Assessments — asbestos and other hazardous materials.
• Site Investigation
• Asbestos removal /abatement
• Demolition of buildings, footings and foundations.
The proposed layout of the redeveloped site would include commercial and a range of
residential options. The proposed layout of the site could change based on the Site
Assessment and market conditions. The Site Plan for the redevelopment would come
before the Plan Commission and City Council for approval at a future date, after the
Site Assessment has been completed.
The private developers, Six Rivers Investments, LLC will provide the matching funds of
$643,160. With the $149,840 SAG, the project cost would total $793,000.
City staff has worked with representatives of Six Rivers Investments, LLC in preparing
an agreement that will transfer the grant matching fund requirement and other grant
requirements from the City to the developers. The agreement transfers the grant
matching funds and all WEDC requirements to Six Rivers Investments, LLC.
FISCAL IMPACT
There are no City funds included in the SAG grant application or the implementation.
Six Rivers Investments, LLC will be paying for the City's staff time for grant
administration, namely the grant draws.
RECOMMENDATION
The City Council approves the SAG grant agreement with Six Rivers Investments, LLC
for the Jeld -Wen property on west 6 Ave.
Approved,
f - L
City Manager
AGREEMENT
WHEREAS, Six Rivers Investments LLC ( "Six Rivers ") has purchased and desires to
redevelop the property commonly known as the former Jeld Wen property, located generally
between the terminus of W. 4 th and 5' Avenues to the west and 330 feet south of Oregon
Street to the east, and W. 61h Avenue to the south and the Fox River to the North and
encompassing parcel identification numbers 90900010100, .90900010000, 90902390000 and
90300010000, all located in the City of Oshkosh ( "the Property ") as shown on the attached
Exhibit "A" to this Agreement; and
WHEREAS, the City of Oshkosh (the "City ") desires to work with Six Rivers to facilitate
the redevelopment of the Property and to obtain an easement over or obtain title to a portion of
the Property to construct a portion of the City's proposed Riverwalk System; and
WHEREAS, it is necessary to conduct Phase i and 11 Environmental Site Assessments
of the Property, an Asbestos inspection and pre - demolition environmental hazardous material
assessment and demolition of structures located on the property; and
WHEREAS, it is desirable to prepare and submit an application for a Wisconsin
Economic Development Corporation (WEDC) Site Assessment Grant (SAG) to assist with
certain of the costs associated with the assessment and potential redevelopment'.of the
Property; and
WHEREAS, it is more cost effective and efficient for Six Rivers and the City to
cooperate in obtaining the WEDC SAG grant and sharing the information obtained pertaining
to the Property.
NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the "City ", and Six
Rivers Investments, LLC hereinafter referred to as "Six Rivers ", agree as follows:
1. The City shall submit, an application for a WEDC Site Assessment Grant (SAG)
to assist with the site evaluation and redevelopment of the Property. The application shall be
for the purposes identified in and substantially in the same form as the attached Exhibit B to
this Agreement.
2. The City shall be responsible to complete all necessary WEDC SAG grant
requirements in relation to this Agreement and the WEDC SAG grant, if awarded.
3. Six Rivers shall provide the City with all testing results, data, or other information
in its possession or reasonably obtainable by it to assist the City with the submittal of the Grant
application and compliance with all requirements of the Grant, if awarded.
4. Six Rivers hereby permits City, its employees, duly authorized representatives,
agents and subcontractors, the temporary right to enter upon and have temporary rights of
ingress and egress over and access at reasonable times to the Property to complete the City's
responsibilities in relation to this Agreement and the WEDC SAG grant, if awarded.
WHD/9480389.4 1
5. Six Rivers shall be responsible for obtaining all required permits and approvals
for all work to be performed on the Property in relation to this Agreement and the WEDC SAG
grant, if awarded, including but not limited to permits and approvals from the Wisconsin
Department of Natural Resources.
6, Six Rivers shall be responsible for the Match Investment identified in the WEDC
SAG application and directly. pay for all project costs including but not limited to any permit or
approval costs and fees, and any contractors' fees and consultants' fees, relating to the
performance of responsibilities under the WEDC SAG grant, if awarded.
7. Six Rivers shall submit to the City payment requests with all necessary
supporting documentation to allow the City to request reimbursement under the terms of the
WEDC SAG grant. 'One payment request shall be submitted when approximately one -half of
the project is completed and an additional payment request shall be submitted upon
completion of the project. Additional payment requests may be submitted as Six Rivers may
determine necessary. Within 15 days of the date reimbursement is received from WEDC, the
City shall issue a check to Six Rivers for the allowed reimbursement amount less the fee
specified in paragraph 8 below.
8. Six Rivers shall pay to the City a fee of $500 per payment request to reimburse
the City for the City's costs of administering the WEDC SAG grant.
9. Subject to any limitations contained in Sec 893.80 and any similar statute, of the
Wisconsin Statutes, the City agrees to hold Six Rivers, its officers, officials, employees, and
agents harmless from any and all liability, including claims, demands, losses, costs, damages,
and expenses of every kind and description (including death), or damages to person or
property arising out of the terms of this Agreement where such liability is founded upon or
grows out of the acts of omission of any City's officers, employees, or agents while acting
within the scope of their employment.
Six Rivers agrees to hold the City, its officers, officials, employees, and agents harmless from
any and all liability, including claims, demands, losses, costs, damages, and expenses of every
kind and description (including death), or damages to person or property arising out of the
terms of this Agreement where such liability is founded upon or grows out of the acts of
omission of any Six River's officers, employees, or agents while acting within the scope of their
employment.
Nothing in this Agreement is intended as a waiver of the City's right or opportunity to rely upon
the governmental limitations and immunities contained within Wisconsin law. Municipal
immunities and limitations include, but are not limited to, Sections 315.05, 893.80, and 893.83,
Wisconsin Statutes. Such damage limits, caps and immunities are intended to be preserved
and are incorporated into this agreement and shall govern all disputes, contractual or
otherwise, as they apply to the parties and their agents, officers, and employees.
The intention of this paragraph is that each party shall be responsible for its own actions and
inactions related to this Agreement.
V.TW/9480389.4 2
Notwithstanding any other provision of this Agreement, it is further agreed that to the fullest
extent permitted by law Six Rivers shall indemnify and hold harmless the City, its employees,
agents, contractors and consultants from and against all claims, damages, losses and
expenses, direct and indirect, or consequential damages, including but not limited to attorneys'
fees and all Court, arbitration or other dispute resolution costs, arising out of, resulting from, or
related to the presence and/or involvement of hazardous substances or constituents, including
hazardous waste, at or contiguous to the ,project site or contained in samples collected by or
received by the City or its contractors and /or consultants from the site. This indemnification
extends to claims against the City or any of its employees, agents, contractors or consultants
which arise out of, are related to, or are based upon, the disposal, discharge, escape, release,
spillage or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids,
gases or any other material, irritant, contaminant or pollution in or into the atmosphere, or on,
onto, upon, in or into the surface or subsurface of soil, water or watercourses, objects, or any
tangible or intangible matter, whether such event or circumstance is sudden or not. Nothing in
this paragraph is intended to indemnify, or shall be construed as indemnifying the City, its
employees, agents, contractors or consultants with respect to claims, losses, expenses or
damages to the extent caused by the City or its employees', agents', contractors' or
consultants' own negligent acts or omissions.
10. This Agreement shall be construed under the laws of the State of Wisconsin.
11. This Agreement, and all other documents or instruments that may be required by
this Agreement, may be executed in several counterparts, each of which shall be deemed an
original, but all of which shall constitute the same instrument.
[SIGNATURES ON THE FOLLOWING PAGE]
V IM19480389.4 3
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and Six Rivers have
respectively caused this Agreement to be duly executed on this day of June, 2013.
CITY OF OSHKOSH
Mark A. Rohloff, City Manager
And:
Pamela R. Ubrig, City Clerk
And:
Peggy Steeno, Finance Director
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY)
SIX RIVERS I VESTMENTS LLC
V .
yl-
r A Schwab, Manag&
Personally came before me this � day of June, 2093, the above named Grant Schwab,
the Manager of Six Rivers Investments LLC to me known to be the person who executed the foregoing
instrument and acknowledged same as and for said company, by its authority.
Notary Public, Winnebago C Vl y' My Commission Expires: ,
STATE OF WISCONSIN)
) ss.
WINNEBAGO COUNTY)
Personally came before me this day of June, 2093, the above named Mark A. Rohloff,
City Manager, Pamela R. Ubrig, City Clerk, and Peggy Steeno, Finance Director, 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.
Notary Public, Winnebago County, WI
My Commission Expires:
Approved as to form:
Lynn Lorenson, City Attorney
VM/9480389.4 4
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