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Home My WebLink AboutChamco/Leeco Steel WARRANTY DEED Document Number Document Tide CITY OF OSHKOSH,a Wisconsin municipality,located in Winnebago County,Wisconsin,conveys and warrants to CHAMCO,INC.,a Wisconsin not-for-profit corporation, the following described real estate in Winnebago County, State of Wisconsin: Recording Area Legal Description of Building Property 'Mane and Return Address Part of Lot 1 GSM 3424 and part of the SW 1/4 of the SE 1/4 and part CEIAMCO,INC. of the NW 1/4 of the SEI/4 of Section 32,Township 18 North,Rang:, 2380 Stale Ad.44 Oshkosh,lYl 54904 16 East, City of Oshkosh, Winnebago County,Wisconsin, containing 828,328 square feet(19.0158 acres)described as follows: Part of:13-2921-01-00;13.2923-01-00; &13-2922-00-00 Parcel Identification Numbar(PIN) Commencing at the Southeast Corner of said Section 32;thence along the East line of the Southeast 1/4 of said Section 32,N00°30'23"E, 1360.00 feet to the north line of Atlas Avenue as described in Winnebago County Document Number 1331343;thence along said north line,N89°26'56"W,883.43 feet;thence continuing along said north line, 130.20 feet along the arc of a curve to the left with a radius of 950.00 feet and a chord of 130.10 feet which bears S86°37'29"W to the point of beginning;thence N07°18'07"W, 123.99 feet;thence N16°27'23"E,473.00 feet;thence N00°38'46"E,283.73 feet;thence N89°21'14"W,526.83 feet;thence S59°35'54"W,344,-62 feet;thence S20°40'53"W,543.37 feet; thence S00°44'56"W,85.56 feet; thence S31°46'55"E,464.97 feet;thence S35°22'54"E,22.57 feet to the north line of said Atlas Avenue;thence along said north line,N54°37'06"E,255.52 feet;thence continuing along said north line,465.58 feet along the arc of a curve to the right with a radius of 950.00 feet and a chord of 460.93 feet which bears N68°39'30"B,to the point of beginning. This is not homestead property. • Exception to warranties:All easements and restrictions,municipal zoning ordinances of record. Dated this iday of a u. ,2006. CITY OF OSHKOSH By: Y-7/14.16G 4 And: €J ' i Richard A.Wollangk,City Manager Pamela R.Ubrig,C' - lerk AUTHENTICATION Signatures c Richard A.Wollangk, City Mae +acr and Par-.cla R. Llnrig,City Clerk,for the City of Oshkosh are authenticated this rrikday of (I)/V f9,,,2006. Warren P.Kraft,City Attorney • Oshkosh,WI 54903-1130 RE: $305,500.00 Certain Industrial Park Property, Atlas Drive Oshkosh, Wisconsin MAKER: CHAMCO,Inc. 2380 State Highway 44, Suite C Oshkosh, WI 54904 Date: April 20th, 2006 THIS AGREEMENT is by and between MAKER,and the City of Oshkosh, a Wisconsin municipality, with its principal offices at 215 Church Avenue, Oshkosh, Wisconsin 54902-1130 ("CITY") as follows: WHEREAS,the MAKER accepted conveyance from the CITY of certain industrial park property more particularly described as: Part of Lot 1 CSM 3424 and part of the SW 1/4 of the SE 1/4 and part of the NW 1/4 of the SE 1/4 of Section 32, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin, containing 828,328 square feet(19.0158 acres) described as follows: Commencing at the Southeast Corner of said Section 32; thence along the East line of the Southeast 1/4 of said Section 32,N00°30'23"E,1360.00 feet to the north line of Atlas Avenue as described in Winnebago County Document Number 1331343; thence along said north line, N89°26'56"W,883.43 feet;thence continuing along said north line,130.20 feet along the arc of a curve to the left with a radius of 950.00 feet and a chord of 130.10 feet which bears S86°37'29"W to the point of beginning;thence N07°18'07"W,123.99 feet;thence N16°27'23"E, 473.00 feet; thence N00°38'46"E, 283.73 feet; thence N89°21'14"W, 526.83 feet; thence S59°35'54"W,344.62 feet;thence S20°40'53"W,543.37 feet; thence S00°44'56"W, 85.56 feet; thence S31°46'55"E,464.97 feet; thence S35°22'54"E,22.57 feet to the north line of said Atlas Avenue; thence along said north line,N54°37'06"E,255.52 feet; thence continuing along said north line, 465.58 feet along the arc of a curve to the right with a radius of 950.00 feet and a chord of 460.93 feet which bears N68°39`30"E, to the point of beginning, per this Agreement for Sale of Real Estate and Note dated April 20th,2006 ("Note"); and WHEREAS,Leeco Steel,LLC("Leeco")has agreed to purchase the Property from MAKER on or before April 4,2016,such transaction secured in MAKER's favor by a Lease and Purchase Option Agreement dated April 5, 2006(a Memorandum of Lease which shall be recorded with the Winnebago County Register of Deeds along with the Warranty Deed from the CITY to MAKER)and a Guaranty from O'Neal Steel,Leeco's parent company; and WHEREAS, MAKER desires to secure said obligation to the CITY as evidenced by this Note; 1 1. MAKER, by its authorized representatives,promises to pay to the order of the CITY at its office the sum listed above on or before April 19th,2016. This Note may be prepaid in whole or in part upon payment of a charge of NO DOLLARS (50.00.). 2. MAKER's obligations under this Note are subordinated to its obligations to Nicolet National Bank("Nicolet")pursuant to a Subordination Agreement executed on this same date by MAKER in favor of Nicolet("Subordination Agreement"). 3.This Note bears interest on the unpaid balance before maturity at zero percent(0%)per year.Any delinquent installment bears interest at the twelve percent(12%)per year during the period of delinquency. In addition, if any payment is not made when due, or if the CITY deems itself insecure,the unpaid balance shall,at the option of the CITY and without notice,mature and become immediately payable. The unpaid balance shall bear interest after maturity at twelve percent(12%) per year until paid. 4. This Note shall not be recorded. MAKER shall assign to the CITY all right,title and interest in the above described Guaranty,to the extent of the unpaid purchase price as noted above, or as may be adjusted during the life of this Note per tenns of the Note, subject to the tens of the Subordination Agreement. 5. Without affecting the liability of MAKER,or any assignee,indorser,surety or guarantor, the CITY may, without notice, renew or extend the time for payment, accept partial payments, release or impair any collateral security for the payment of this Note or agree not to sue any party liable on it. 6. CITY shall be liable for and shall defend, indemnify and hold harmless MAKER and its assignees and mortgagees from and against any loss, cost, damage, liability or expense (including attorneys'fees and disbursements and other professional charges)suffered or incurred by MAKER or its assignees and mortgagees due to the presence prior to the closing of this transaction of any Hazardous Materials at,on or under the subject property,including,without limitation,imposition by any federal, state or local governmental authority of any lien or so called "super priority lien" upon the subj ect property or any portion thereof;cleanup and/or remediation costs,liability for personal injury,property damage,change to the environment;investigation,testing and monitoring; fines,penalties and punitive damages;and CITY shall be liable for compliance or failure to comply with and for costs associated therewith any Environmental Law or any directive or order by any governmental authority relating to the presence of any Hazardous Materials at or on the subject property,regardless of by whom caused as of the date of the closing of this transaction. The obligations and liabilities of CITY under this section shall survive the termination of this Note. As used herein, "Hazardous Materials(s)"means, without limitation, asbestos or any substance containing asbestos deemed hazardous under any Environmental Law, any flammable explosives, radioactive materials, urea formaldehyde foam insulation, polychlorinated biphenyls, petroleum and petroleum products (including but not limited to waste petroleum and petroleum products),lead in water supplies and/or plumbing systems,lead in paint,lead in soil, radium, arsenic, iodine or other elements in unhealthy levels in water supplies, radon gas, benzine, vinyl trichoroethylene, methane, hazardous materials, hazardous wastes, pollutants, 2 present and future federal,state or local law(including common law),statute,ordinance,rule,regulation, code, or other requirement relating to the environment,natural resources, or public or employee health and safety and includes,but is not limited to the Comprehensive Environmental Response Compensation and Liability Act("CERCLA"),42 U.S.C. § 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq., the Clean Water Act, 33 U.S.C. Section § 1251 et seq.,the Clean Air Act, 42 U.S.C. § 7401 et seq.. the Toxic Substance Control Act, 15 U.S.C.§2601 et seq.,the Oil Pollution Act of 1990,33 U.S.C. §2701 et seq.,the Safe Drinking Water Act,42 U.S.C. §300(f-j),and the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq., as such laws have been amended or supplemented, and the regulations promulgated pursuant thereto, and all analogous state or local statutes and any applicable transfer statutes. 7. MAKER,or any assignee,indorser,surety or guarantor,agrees to pay all costs of collection, including reasonable attorneys'fees. 8. Presentment,protest, demand and notice of dishonor are waived. CHAMCO,INC. By -� Q `(2-. --C:7 Terry Abra am,Its Treasurer B y f`s .L./ `` ----- Douglas C/ earson,Its Secretary and Executive Director ACK.NNOWLED OMEN T STATE OF WISCONSIN) ) ss . WINNEBAGO COUNTY) Personally came before me the above date, the above named MAKER, by its authorized representative,to me known to be the persons who executed the foregoing instrument and acknowledge sa -e. Eliz g li A. Hartman Notary Public, State of Wisconsin My Commission is permanent. 3 rt� B y /11/ �ff�� -' -Richard A. Wollangk, City Manager Pamela R. Ubrig,Cit- Clerk -- ACKNOWLEDGMENT STATE OF WISCONSIN) ss WINNEBAGO COUNTY) Personally came before me the above date, the city of Oshkosh, by its authorized representative,to me known to be the person who executed the foregoing instrument and acknowledge same. L21f9-7.-c-c...-1.-e.._.i c-c Notary Public, State of Wisconsin My Commission is-pgpmerrent: 13-0 9 APPROVED CITY AT c= EYf) ..SHKOSH,WISCONSIN • 4 Pagel oft Main Identity From: "Penny k. Wilz" <pwilz @chamco.org> To: "Kraft, Warren P." <WKraft @ci.oshkosh.wi.us> Cc: "Nokes, Edward A." <ENokes @ci.oshkosh.wi.us>; "Wollangk, Richard A," <RWollangk @ci.oshkosh.wi.us> Sent: Tuesday, May 30, 2006 2:29 PM . • Subject: leeco land sale i am showing a land sale of-- 19.0158 at$23,500 per acre $305,500 deferred $141,371.30 due now, less 15% commission to chamco of$$21,205.69 leaving a balance of$120,165.61 due the city, now. / does everyone agree? ha n thanks, penny J ,�, i Lj 1 ___ __. I;^- �-----'------"-'-"-"'-""'--"-'--"---'"'--"--"-"--"-FOR SECURITY PURPOSES,THE BORDER OF THIS DOCUMENT CONTAINS MILROPRINTING--- -- - Ij .i _ ° 5601 'i 2380 State Rd.44,Suite C 12-2/750 Ay (,./� �� .'- Oshkosh,Wisconsin 54904 / .. CHAMCOINC. 920-232-9786 - ;�, POFThe Oshkosh Indwlial Oe.elopmenl CorPOrmion DATE .-. ' TO THE / �...f �,✓ ORDER :r / !j' ,. 1��:i;.�7 ----- 8 / t i �` TWO SIGCdATURES REQUIRED FOR AMOUNT00 AND OVER �bank.�� --,--- / �2 c -�- L.., , ��uuu C c.I■ L J ,I 1 CI ' ---- -------- --- -------THIS DOCUMENT INCLUDES A SECURITY SCREEN ON SACK OF THE CHECK----------------------------------- FS - 5/30/2006 INDPKSLO6 03953 SW CITY OF OSHKOSH 95201 41 INDUSTRIAL PARK 43560 SQ FT/ACRE 03951 SOUTH 2006 SALES ALLOCATE$2,500 TO MTNCE ACCT ON SALES IN UNIVERSAL PARK. SOUTHWEST 4.8976 ATLAS AVENUE LLC 4.8976 ACRES 88,157.00 DISC. & EXPENSES 17,246.90 ALLO CATION TO MTNCE 0 70,910.10 LAND COST 6000 29,385.60 41,524.50 Y- LEECO STEEL ` 19.0158 ACRES 446,871.30 141,371.30 DUE AT CLOSING SET UP AIR CHAMCO 15% 67,030.69 2.1,205.69 CHAMCO COMM DEDUCT 121,165.61 TO CITY 379,840.61 305,500 NOTE DUE 4-19-2016 LAND COST 9000 171,142.20 208,698.41 LESS 15 % KOOL PROPERTIES 2.26 ACRES 53,110.00 DEFERRED DISC. & EXPENSES 9,492.10 SET UP AIR 43,617.90 LAND COST 9000 20,340.00 23,277.90 PROVIDENT PROPERTIES 2.1027 ACRES 91,576.00 lot 14/13?? DISC. & EXPENSES 15,742.45 ALLO CATION TO MTNCE 2,500.00 75,833.55 LAND COST 6000 12,616.20 63,217.35 336,718.16 NET ENTRY TO LAND NORTHWEST LOT 1 CSM 3639 5.1514 ACRES 77,271.00 DISC. & EXPENSES 13,646.90 63,624.10 LAND COST 6567.26 33,830.58 29,793.52 29,793.52 TIF 6 LANDFILL 5.4943 ACRES 0.00 DISC. & EXPENSES 0.00 0.00 LAND COST 5007 0.00 0.00