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HomeMy WebLinkAbout32290 / 83-13February 17, 1983 (CARRIED �I�i�y� INITIATED BY # �3 RESOLUTION LOST LAID OVER WtTHDRAWN ) AGREEMENT BETWEEN CITY Of OSHKOSH AND CHAMCO, INC. DEPARTMENT OF ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached agreement with Chamco, tnc. for selling land in the South Industrial Park, North Industrial Park and Southwest Industrial Park. SUBMITTED BY APPROVED -3z- 0 RESOLUTION #13 A G R E E M E N WHEREAS, the City of Oshkosh owns certain tands 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 "City", and CHAMCO, INC., hereinafter referred to as "CHAMGO", in order to work towards the industrial development of the following described property, viz: A. SOUTH INDUSTRIAL PARK B. NORTH tNDUSTRIAL PARK G. SOU7HWEST INDUSTRIAL PARK agree as follows: THE CITY AGREES: 1. That by these presents, for and i:n 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 (3�st) day of December, 1983, 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 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 pers�� or persons as CNAMCO may direct for and at the p;ice of Sch�dulz attached and price [hereof, payable on delivery of a Warranty Deed by thz 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 lndustrial Parks, graded and graveled streets, sanitary sewer and water mains and storm sewers as needed. The prices for the Southwest Industrial Park includes graded and graveled streets, sanitary sewers, water main and gas main and storm sewers as needed. —33— n.a RESOLUTION # 13 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. To adopt protective covenants for lands sold hereunder. The cove- nants for the Southwest Industrial Park shall, prior to adoption by CHAMCO, be submitted to the City of Oshkosh for review. CHAMCO shall monitor the enforcement of these covenants and if a breach occurs wfiich requires repurchase, then in that event, CHAMCO shall assign its right to repurchase to the City of Oshkosh. 3. This agreement shall be termina6le by either party by giving to the other party six (6) months written notice of its desire to 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 1983• IN THE PRESENCE OF: CITY OF OSHKOSH STATE OF WISCONSIN} ) S5. WINNEBAGO COUNTY ) BY: am D. Frueh, C!ty Manager And: Donna C. Luebke, City Clerk LHAMCO, INC. By: Donald C. Wissink, President 3v: Patrick J. Vercauteren, Se.cre�ary Personally came before me th.is day of , 1983, the above named WILLIAM D. FRUEH and DONNA C. LUEBKE, for the City of Oshkosh, and DONALD C. WISSINK and PATRICK J. VERCAUTEREN for CHAMCO, INC., to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, Wisconsi� My Commission: -34- �-. A. SOUTH INDUSTRIAL PARK Parcels $1 SCHEDULE OF 1983 PRlCES Parcel J�2 NORTH INDUSTRIAL PARK Property lying South of Fernau Avenue and East o4 NortR Main Street Al1 other available sites in Park C. SOUTHWEST INDUSTRIAL PARK Parcels adjacent to Washburn Avenue and State Hwy 44 All other available sites in Park RESOLUTION # 13 $ 10,00Q per acre S 13,500 per acre $ 7,000 per acre $10,000 per acre $13,500 per acre $10,500 per acre That in the Southwest Industrial Park, all parcels of land located on Washburn Avenue and lying between Washburn Avenue and the East property line of Bemis Specialty Films Company, and all parcels of land fronting on State Highway 44 with a depth of 300' are not avail- able for sale until such time as CHAMCO, INC, presents the City of Oshkosh Common Council with revised Protective Covenants and price structure. 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 rigfit to sell the properties which are the subject matter of this Agreement and shall receive ten percent (IOo) plus $250.00 per acre of the sclieduled price for incidental expenses. Should the City dete.rr�i�n2 to sell land ror less than the sched�led oric�, then CHAPtC�'s ten percent (lC�;) shall be de_ermined by [t�e. artual sei)inc pric�. The above schedule shali be in effect for calendar year 1983. —35— �� � � � r•._ � m a o �t � cr � cr � �s � N• N � H o c� � w t� � I-' N 'S ty .. � � � .. x �a —~i t� a o � k � o m a F� � m C7 �O U� O �� � � TJ �, � � o� a� � � ncr 0 � m H c1 � � C] N • (p � � �• � � 0 M O m � � 0 m � � � a N w � U �