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Home My WebLink AboutA.C. Fett & Sons, Inc 1989 CITY HALL 215 Church Avenue P 0 E3ox 1130 Oshkosh 01 vconyn 54902-1130 City of Oshkosh 414-236-5115 CJHKQfH October 3, 1989 ON THE WATER Tim Casey Chamber of Commerce 120 Jackson Street Oshkosh, WI 54901 Re: Manufacturer's Market place A. C. Fett & Sons, Inc. Dear Tim: Enclosed please find two duly executed copy of the Agreement between the City and A.C. Fett & Sons, Inc. the excavation contractor for the Manufacturer' s Marketplace. Would you please forward one copy to A.C. Fett & Sons, Inc. The other is for your own files. In the event you have any comment or question, please do not hesitate to advise. Yours truly, CITY 0 OSHKOSH Warren P. Kraft Asst. City Attorney wpk: lz Enc. cc: Donna Serwas, City Clerk THIS AGREEMENT is made between A.C. FETT & SONS, Inc. , a Wisconsin corporation, hereinafter referred to as "FETT" , and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as "CITY" . WHEREAS, FETT is the excavation contractor for the Manufacturer's Marketplace being developed by the Horizon Group, Inc. , on forty (40) acres of land owned by Horizon Group, Inc. , located west of South Washburn Street, north of Waukau Avenue and bordered on the west by the Southwest Industrial Park owned by the CITY; and WHEREAS, Horizon Group, Inc. , has an option to purchase the adjacent forty (40) acres of Southwest Industrial Park property from the CITY; and WHEREAS, FETT desires to use approximately two (2) of the optioned forty (40) acres to store excess top soil being stripped from the Manufacturer's Marketplace site; NOW, THEREFORE, IT IS AGREED by the parties as follows: 1. The CITY authorizes FETT to enter onto City-owned property in the Southwest Industrial Park for purposes of reasonable ingress and egress and for temporary storage of top soil removed from the Manufacturer's Marketplace site. The storage site shall be limited to an approximately two-acre parcel, about 200 by 400 feet in size - the southern boundary located about 200 feet north of Waukau Avenue and the eastern boundary located about 1250 feet west of South Washburn Road, as shown generally on exhibit "A" attached. 2 . FETT shall pay to the CITY compensation in the amount of Fifty Dollars ($50. 00) per acre per year or in-kind provision of top soil to the CITY in exchange for this agreement. 3 . FETT shall compensate Robert Brayton for the loss of crops on the two-acre site and any area affected by earth moving equipment, limited to no more than Three Hundred Dollars ($300. 00) per acre. 4 . FETT shall hold the CITY and CHAMCO, Inc. , harmless and shall indemnify same from any claims for liability which arise from any activity under this agreement not caused exclusively by the negligence of CITY or CHAMCO, Inc. 5 ./gyp This agreement shall expire at 11: 59 p.m. on December 31, 4-9-8-9- (the date of expiration of the option held by Horizon Group, Inc. ) or when the property or portion thereof is sold, whichever is sooner. Should an agreement for the sale of the property or any portion thereof be entered into prior to the expiration date of this agreement, FETT having received written notice shall remove all top soil within sixty (60) days of said sales agreement unless agreed to otherwise by the purchaser. IN WITNESS WHEREOF, the parties have signed and sealed this agreement this ZS day of-A st 1989. 5'Ere. A.C.FETT & SONS, INC. CITY OF OSHKOSH I PP P OP>d 1;< e e fd) ti Davi• Fet , ,presi•ent- William D. Frueh, city manager APTAV � /4/2404/0-) secretary Donna C. Serwas, city clerk Y APPROVED AS TO FORM: 1 Warren P. Kraft Assistant City Atto ney 2 I / / ,y/' / ,...--,..-. .`- -------• * \ \ 1 - V l\ , / / 7 / a �\ 1 i / ii / A - - \ / / p / I � / / / _....B4C77 1 1 / I ' / / ■ / /$34?) I jai • I l / l k \ \ 1 / . d 40 ',K .'\� -\ \ ` I 1 / \ 1 i ) / i / / li / / N \ 2 I, / / HfCKORY 15C^A6N _., I• r.. \ '�Y' 36 OA I I , tom- \ ( III /' ( r,2 1 •I I 1 I I INV842.72 INV 643.11 B C 12"1 CNIP INV 454 INV842,1T I INV 83 � °.--- ---------'''t::.-7 -7.7.11.17N 5,-3- --1-- -------- -=7'--- .3- - -- ----- WAUKAU AVENUE _ OVERHEAD--"-'TELE FETT-CITY AGREEMENT Exhibit "A" EXTENSION AGREEMENT AN AGREEMENT having been entered into by and between A.C. FETT & SONS, INC. , hereinafter referred to as "FETT" , and the CITY OF OSHKOSH, hereinafter referred to as "CITY" , on September 28 , 1989 , a copy of which be and is hereby incorporated herein as if setforth at length by reference, and the parties being desirous of extending the terms of such agreement as setforth below, NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. The terms of said agreement incorporated herein by reference shall be extended and said agreement shall expire at 11:59 p.m. on December 31 , 1991 , the parties agreeing that the said agreement has remained in full force and effect since the day of execution retroactively to the date of the original agreement. 2 . Paragraph 5 of said agreement shall be modified to read as follows: "5. This agreement shall expire at 11:59 p.m. on December 31 , 1991 (the date of expiration of the option held by Horizon Group, Inc. ) or when the property or portion thereof is sold, whichever is sooner. Should an agreement for the sale of property or any portion thereof be entered into prior to the expiration date of this agreement, FETT having received written notice, shall relocate all top soil stored within the area described at paragraph 1 to an area bordered by Manufacturers Market Place on the East, Universal Drive on the North, Wakau Avenue on the South, and the existing township garage on the West, within sixty (60) days of FETT'S receipt of notice of the sale, unless agreed to otherwise by the parties. The purchaser shall be given notice of the provisions of this agreement by the CITY and the same shall be incorporated in any purchase agreement anticipated herein. " 3 . In all other respects the terms and conditions of said agreement dated September 28, 1989 shall remain in full force and effect on a continuous basis since the date of execution thereof. A.C. FETT & SONS, INC. CITY OF ;OSHKOSH ///////��,///�///////111/w/1 �y//� /�/{�/J� 1-Z- 4- ` MICHAEL FETT, President WILLIAM D. FRUEH, City Manager Atirtt. DEBRA FET , Secretary DO 'A C. SERWAS, City Clerk ^ARREN P. KRAFT Assistant City Attorney