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HomeMy WebLinkAbout90-43 April 19, 1990 #90-43 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH CHAMCO, INC. INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement for sale of lands for industrial development between the City of Oshkosh and Chamco, Inc. is hereby approved and the proper City officials are hereby authorized and directed to enter into same. ST_T�P�fITTED BX '°� _.__,_____,__ • ,)T."�i� ���it,� (I .t��'�. •. V - 81 - - Res. #90-43 A G R E E M E N T 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, 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 development of land industrially; NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the "City1° , and CHAMCO, INC. , hereinafter referred to as "CHAMCO", in order to work towards the industrial development of the following described property, viz: A. SOUTH INDUSTRIAL PARK B. NORTH INDUSTRIAL PARK C. SOUTHWEST INDUSTRIAL PARK D. NORTHWEST INDUSTRIAL PARK agrees as follows: THE CITY AGREES: l. That by these presents, for and in consideration of Ten Dollars ($10. 00) in hand paid, receipt of which is hereby acknowledged from CHAMCO, has agreed and does agree to hold until the thirty-first (31st) day of December, 1990, at 12 : 00 P.M. , time being of the essence of this agreement, an option, subject to the order of CHAMCO to purchase all of the premises owned by the City of Oshkosh known as and consisting of the following: A. SOUTH INDUSTRIAL PARK B. NORTH INDUSTRIAL PARK C. SOUTHWEST INDUSTRIAL PARK D. NORTHWEST INDUSTRIAL PARK 1 - 81a - . � Res. #90-43 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 of Schedule attached and price thereof, 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 of Oshkosh. The purchase price attached hereto includes, for the North and South Industrial Park, graded and graveled streets, sanitary sewer and water mains and storm sewers as needed. The prices for the Southwest Industrial Park include graded and graveled streets, sanitary sewers, water main and gas main and storm sewers as needed. The prices for the Northwest Industrial Park include graded and graveled streets, sanitary sewer, gas main, water main and storm sewer as needed. 2 . 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. b. To sell land for use permitted in the M-Zone of the City of Oshkosh Zoning Ordinance and as limited by protective covenants. 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 City 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 of Oshkosh. 3 . This Agreement shall be terminable by either party by giving to the other party six (6) months written notice of its desire to 2 - 81b - . ' Res. #90-43 terminate. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and CHAMCO, INC. have respectively caused this agreement to be duly executed on this day of April, 1990. IN THE PRESENCE OF: CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk CHAMCO, INC. By: Robert Fick, President And: Secretary STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this day of April, 1990, the above named, William D. Frueh, City Manager, and Donna C. Serwas, City Clerk, of the City of Oshkosh, to me known to be the persons who executed the foregoinc� instrument and acknowledged same as and for said corporation, by its authority. Notary Public, Winnebago Co. , WI My Commission• STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY ) Personally came before me this day of April, 1990, the above named, Robert Fick, President, and Secretary, of CHAMCO, INC. , to me known to be the persons who executed the forec�oing instrument and acknowledged same as and for said corporation, by its authority. Notary Public, Winnebago Co. , WI My Commission• 3 - 81c - . • � � Res. #90-43 SCHEDULE OF 1990 PRICES A. SOUTH INDUSTRIAL PARK Parcel #1 - 2 . 5A $12, 000 per acre Parcel #2 - 6.2A $15, 000 per acre B. NORTH INDUSTRIAL PARK Property fronting on Jackson $15, 000 per acre _ Property lying North of Fernau Avenue - 7.7± fronting on North Main Street $12, 000 per acre Site on Fernau Ave. - 1.4A $10, 000 per acre C. SOUTHWEST INDUSTRIAL PARK AlI Parc�ls adj ac�nt te [•?wshburr. P_�:�ntze- 13A} (minimum parcel size of 5 acres} $25, 000. 00 per acre Smaller Parcel on Washburn - 1. 6A± $20, 000. 00 per acre Al1 Parcels North of and fronting on Hwy 44 $20, 000. 00 per acre Parcels south of, and fronting on Hwy 44 with a depth of 500' $17, 500 per acre All other available sites in Park $12, 000 per acre D. NORTHWEST INDUSTRIAL PARK $10, 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 ten percent (10�) plus $250.00 per acre of the scheduled price for incidental expenses. Should the City determine to sell land for less than the scheduled price, then CHAMCO�S ten percent (10�) shall be determined by the actual selling price. 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