HomeMy WebLinkAbout35521 / 89-247 J �J
August 17, 1989 # 247 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SOIL STORAGE AGREEMENT/FETT & SONS
INITIATED BY: CITY ADMINISTRATION/CHAMCO, INC.
WHEREAS, A.C. Fett & Sons, Inc. , is the excavation
contractor for the Manufacturer's Marketplace being developed by
the Horizon Group, Inc. ; and
WHEREAS, Horizon Group, Inc. , owns approximately 40 acres of
land and holds an option to purchase approximately 40 more acres
of Southwest Industrial Park land immediately adjacent to the
site of Manufacturer's Marketplace; and
WHEREAS, A.C. Fett & Sons, Inc. , desires to use about two
acres of the optioned property for temporary storage of top soil;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
City of Oshkosh that the proper City officials are authorized and
directed to enter into an appropriate agreement with A.C. Fett &
Sons, Inc. , for the temporary storage of top soil removed from
the site of the Manufacturer's Marketplace, the agreement to
include the following terms:
a. the agreement shall expire December 31, 1990 or when
the optioned property is sold, whichever is
sooner; if the property is sold, A.C. Fett & Sons,
Inc. shall receive 60 days written notice to
remove any stored top soil, or must negotiate with
the purchaser for continued storage or with the
City for removal in a manner agreeable to the
purchaser.
b. A.C. Fett & Sons, Inc. , shall indemnify and hold the
City and CHAMCO, Inc. , harmless.
c. A.C. Fett & Sons, Inc. , shall compensate Bob Brayton
for any crop loss on the site, limited to no more
than $300 per acre, and shall compensate the City
as rent the sum of $50 per acre per year or in-
kind provision of top soil.
SUBMITTED BY
�;PPROVED ��
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