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Home My WebLink About30015 / 79-28r�rcn is, 1979 #z8 xt��r*srzo:v PURPOSE: ATJ'[iIORI7.ATIt�7 � I�C?7CtJ1'E fiJD AGREF�....'v°15 INITIATID BY: DEP["�IS�PP Cl� CON�IUNI'IX DEVEUJ=''F.E�PP 4�4..'RFAS, the City of Oshk�_:i l:as i�,n awarded an iIr`a�.n D=�velo;�.r�t Action G_rant ui the e,mow�t of $75,000 frcrn t'.ie 7��rtrne.�t of iieu:>inc? �.r.d Urtk3n U=c��'..oFr- meirt £or the ��urf�c:se �£ mnst��-u�i:inq a raii exte:nsion f�n th=� Ec� Liu�e ZYacks �,.i u�:c ,. ,..Lu; i�:G.:au.i-:1.i ic3i.";: � a3 t.iiL�','.Z v� �.<3::Ci '.::.."� ..�".L-'. u�l'aia.'"E:�'..��. tlj' vli:a::v;�S1ia 7nclustrial. Shippir.g Supplies, Ir.e., (see attacluc�nt maxked F�chibit "A"), and Wi-IF,Ri�t'LS, the condi.tions of the grant wr�uld rEx�ui.re the City to exect.lte a crontract wi:th t1�� Depar�ent of fiousir�q a:e] Urban I�velon��nt conceiYiing cert�ir. acti.ons to be taken by the 17eFk,risr�ent of Housing anc3 Urbaii Devel.ogr�:nt for the City of Osh;cosh ancl Wisconsin Irx3ustrial Shipping Supplies, Inc. , and WfIERFt�5, the pmvisions of the granL- fi�-thex r�.iire the City tr� eaec�zte an agrc�r�_nt with Wise:�nsin Industrial- Shipp�ng Supplies Inc_ a�ncerninq cestain ac�ions to be talcen by the CiLy of Oshkosh and Wis�ronsin Industrial Shi�i.r.g Supplies, Inc., (see attaciu�nt marked E�chibit "B") . NOW, TfiII2EFl�Rti, BE IT RFSOLUEO by the Can�n Council af the City oi Oshkosh that the apgropria�e city oificials are herex�y authorized and direc:ted to ��ecute the agrer�r�nt mark�3 "E�chibit B" in th� fozm at.tache3 as well as the contr�cct with HUD any and all other doc�m�en�s relati.ve to t'r=;: implar�rr`ation of the grant. S`.,'::h:T i :7JD BY - ?8 - � !• r r.'as,�`` _- -. �.—*��_--- �-�-_°'-� �--,�---�n F,=--�_-^• - F . . � � L . , - r�� '---r.._- -w-f- . -rr-. i � r, 4 , 't :. , " il �",. _ a r' . i '- . _ .. � � I j * p { y t � �� i' � .�PRO SED RAIL`EXTENSION �' i� ( • � �i - _ � �` �� i , ' f..�,,�,� - t r' � - ` � _ _ �� h 4 l �� r Y 1 f ` 1 L � \ �', J "S � _ � � .., \J/ � '�"�"a_ �-,. - '�--"°'��}�� 1 _` E � .__t J _ . �t � _ _ �.r � - �;: � �_ .-; `' ` `�'- v .y If E . a ..; , , . _ � . _. ::, ::-z �., „-_. . I ' . �_ ' ! 1�=ryl, . _ �' .-. �^ � }.5 l. R E. F � �--. }[ � j i r. 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' �� -�^ r7!1'J S .1� f� � � . ,-�� , '��l I ,� ' s �� vL ��!� r ._ � �-__��I i��-�� ,^`��' �.� �,�i "'3��>C � : �r..�r � _. � �� L�-�jr� �I�� 1 �: '1�`-�'�/' . - e o. 1 �� °1� ��.r� _:� � � �Sc�-' ��L7�= �.�0 ��. - r�"� l\�,:,,,�'a�� v-, ' . G -'' WCT�� _� �i � ' � i-� � : in I?i � � > �� a�� _�.30 �+��`'--"�J � �� ' - 9�ry��` �'— ��_ . -� �y� . �� r� , : _ II rr� \ II � ��l��Y! � � ..—.N1a�` �I� �i ' �4 ��? �� p 3�7�tr a'��'��E��7 �� ._.�0��'� ° � _' �a�� _;;i �� 'aIM�S r:�- �'��7 - ��i � ��3 _' J 1.: '� �t /, ,, a �-.' ��'C -�.1�Cy�� _ � . `: �,, � \ , : J�.�� , �. oc��_ , � �� - J p � Fl ��' � - I � L��' � �:_ � �e �� " ��.I ;''"j i �' i �� ,,.I � L=.� -. �r- �e J � ��/�� ` ', ,.��7�1;��u�. �a��'�� , � �� :��an1Jaj��-]C�" � T > � '�� IL�I��`3 � C T � ' � I��f � �� ' �� ` OSHKOSH ' , � � � _ � _ , �,4 * _ � �I�,� �,. �.WISCONSIN "� . " � I � - �� ` �� j � «,-�I i , t j � , �� `7 — � u� ` � - o �c � q � PROPOSED RAIL `�y r � � , �^�� , '� � � U� ; � — i _ �� ,. t ,, q_ �.EXTE SION I L�_� � l: , _ � � _ , =. _ � � � � �i _ �I �; � ' ` ` _ . . _ 4_ � . . . : �� _ __ ,� .. ..� . � : ,� _ _ 1 �•. . ��' � , .� _:.. . ., , s � ��X��o�r ,� AGREEMENT THIS AGREEMENT, made and entered into this _ day of March, 1979, between the CITY OF OSHKOSN, WISCONSIN, a mun"scipal corporation organized under the Taws of the State of Wisconsin, and having its principal place of b�siness at 215 Church Avenue, Oshkosh, Winnebago County, Wisconsin 54901, hereinafter referred� Yo as "City," and WISCONSIN INDUSTR�AL SHIPPING SUPPLIES, INC., a private corpora- tion organized under the laws of the State of Wisconsin and having its principal place of business at 1107 Waupaca Street, New London, Wisconsin, 54961, herein- after referred to as "Developer," WHEREAS, the City has heretofore applied, in Application/Grant No. D-78-AA- 55-0006, for an Urban Development AcTion Grant from the Department of Housing and Urban Development, a department of the United States Government, and WHEREAS, the purpose of the grant is the construction of a railroad extension from the existing Soo Line tracks in the City's Nortfi Industrial Park to a 9•b79 acre parcel of industrial land to be purchased by the Developer, said parcel of land also located in the North Industrial Park, City of Oshkosh, Wisconsin, and described in Exhibit A, attached hereto. WHEREAS, such application has been approved in the amount of Seventy-Five Thousand ($75,000) Dollars, and WHEREAS, the grant to the CiYy is made upon the imposition of certain conditions for the financing of certain purposes or projects, and WHEREAS, among other tliings, conditions of the grant include representation that within 6 months from the date of the execution of this Agreement, the Developer wilt, 1) use its best effort to create or cause to be created 11 permanent new jobs, three of which will be for persons who, at the time of their employment, are of low and moderate income; 2) acquire from the City a 9.679 acre parcel of land as described in Exhibit A at a price of $52,267, and; 3) pay to the City the special assessment costs for street improvements and sewer and water extensions, and: 5) locate a business, and construct an new building of approximately 20,000 square feet in area and; 5) invest not less than $569,167 for the total development of said business expansion and construction of new facilities. WHEREAS, upon completion of the rail extension to be constructed by the City with HUD funds, the developer will, within 12 months from the date the extension is completed, construct a rail spur from the extension to serve the new business. NOW, THEREFORE, it is mutually agreed and represented by the parties as follows: �- �. �: �;, : 1. The City hereby agrees to perform or cause to be performed the work as specified in the HUD granY in accordance with HUD regulations and in accordance with other applicable regulations involving public works; 2. The Developer agrees to use its best efforts to create or cause to be created, within 6 months of the day of this agreement, eleven permanent new jobs, three of which will be for persons of low or rnoderate income. To further aceomplish Chis, the Developer consents to report to the City, as the City may require, the numbers and kinds of new jobs created or cause to be created and filled. The Developer further assures and agrees to provide to the City any and all information required by the City to enable the City to comply with reporting requirements as required by HUD. Such information shall be provided by the Developer within a reasonabte time after request in writing is made 6y the City. 3• The Developer hereby agrees and assures that in consideration of the City's application for HUD funds, and in connection with the deve1oper's business expansion, the Developer will acquire, within.b months of the day of this agreement, a 9.679 acre site as described in Exhibit A, and located in the North tndustrial Park, City of Oshkosh, at a price of $52,267, and in conjunction with the acquisition, pay special assessme�ts for street improvements and sewer and water extensions. 4. The Developer hereby agrees and assures that in consideration of the City's application for HUD funds, and in connection with the Developer's business expansion, the Developer will, within 6 months of the day of this agreement, construct a new block buitding of approximately 20,000 square feet in area, in conjuction with the expansion of said business. In addition to the above, the Developer further agrees that it will, within 6 months of this agreement, invest not less that $869,167 for the development of the business expansion, including building construction and other necessary equipment, assessments for sewer and water and public and street and any other expenditures prudent in connection with the development of the business expansion. The Developer hereby assures and represents, that it has available to it, financing in an amount of at least $869,167, to be used by it to accomplish the expansion of the business enterprise and to accomplish the purposes arid comply with ihe assurances set forth in this agreement. The Developer further assures that financing for the expansion will be secured through Western 5tate Bank, Oshkosh, Wisconsin, and that private equity as required by Western State Bank will be furnished by the Developer to Western State Bank's satisfaction. � ;f�: �tEo-.YW4 . � d " �" v S .- , Q. ?p. ' x T . ; �� S. The Developer hereby agrees and assures that in consideration of the City's application for HUD funds, and in connection with the Developer's business expansion, the Developer wi11, within 12 months from the date of completion of the HUD-funded railroad extension, construct a rail spur to his property from the railroad extension. 6. Developer represents and and acknowledges that the assurances made by it in this agreement are for the purpose of inducing the Department of Nousing and Urban Development and the City to use grant funds as outlined in this agreement. ]. The City and the Developer acknowledge that willful non-authorized use of grant funds or faiture by the Developer to abide by its assurances made herein may result in corrective and remedial action pursuant to HUD regulations under the Community Development Block Grant Program. 8_ The United States Department of Nousing and Urban Deveiopment is fiere6y deemed to be a beneficiary of all assurances made herein by either party. IN WITNESS WNEREOF, the parties hereto have hereunto set their hands and seals the day and year first written above. • Approved as to form and execution Wiliiam P. Nagle Assistant City Attorney BY: []� CITY OF OSHKOSH William D. Frueh, City Manager Converse Marks, City Clerk WISCONSIN INDUSTRIAL SHIPPING SUPPLIES, INC. Pat Curler, President Sigurd W. Krostue, Secretary � � � � � �� `I /' � STATE OF WISCONSIN, ) ) SS: PAT CURLER, being duly sworn, deposes and says that he is the President of WISCONSIN INDUSTRIAL SHIPPING SUPPLIES, INC., one of the parties to the within Agreement, that he has read the foregoing Agreement and kno�:�s the contents thereof; that the same is true to the knowledge of deponent, except as to matters therein stated to be alleged on information and belief and that as to those matters he believes it to be true. � Pat Curler Subscribed and sworn to before me this day of , 7979• Notary Public, My Commission STATE Of WISCONSIN, ) ) SS: SIGURD W. KROSTUE, being duly sworn, deposes and says that he is the Secretary of WISCONSIN INDUSTRIAL SHIPPING SUPPLtES, INC., one of the parties to the within Agreement, that he has read the fo-eqoing Agreement and knows the contents thereof; that the same is true to the knowledge of deponent, except as to matters therein stated to be alleged on information and belief and that as to those matters he believes it to be true.` Sigurd W. Krostue Subscribed and sworn to before me this day of , 7979• Notary Public, My Commission � ��`;`.,�,, w� .. ��` STATE OF WISCONSIN, COUNTY OF WINNEBAGO ) ) SS: ) !� �' � WILLIAM D. FRUEH, being duly sworn, deposes and says that he is the City Manager of the CITY OF OSHKOSH, one of the parties to the within Agreement, that he has read the foregoing Agreement and knows the contents thereof; that the same is true to the knowledge of deponent, except as Yo matters therein stated to be alleged on information and belief and that as to those matters he believes it Co be true. Subscribed and sworn to before me this day of , 1979• Notary Public, Winnebago County, WI My Commission STATE OF WISCONSIN, ) ) SS: COUNTY OF WINNEBAGO ) William D. Fruen _� CONVERSE C. MARKS, being duly sworn, deposes and says that he is the City Clerk of the CITY OF OSHKOSH, one of the parties to the within Agreement, that he has read the foregoing Agreement and knows the contents thereof; that the same is true to the knowledge of deponent, except as to matters therein stated to be alleged on information and belief and that as to those matters he believes it to be true. Converse C. Marks Subscribed and sworn to before me this day of , 1979• Notary Public, Winnebago County, WI My Commission � �.. � ,. , ,. �: - e � � EX}IIBIT A A tract of land in the ftortheast Ouarter (NE�) of the Northwest Quarter (NWZ) and in the Southeast Quarter (S�) of the Northwest Quarter (NW'4) of Secti.on One (1) Township Eighteen (18) North, Range Sixteen (16) East, Fifteenth (15th) Ward, City of Oshkosh, Winnebago County, Wisconsin containing 9.679 Acres of land, said tract of land zlsa being a part of lots 11, 14, 15, 16, 17, 18, 19, and 20 and a part of vacated Neenah Avenue and all of lots 12 and 13 of Lothe Acres and being descritred by: Commencing, at the North Quarter (N�) corner of said Section 1, thence S. �0°-02'-44" E. 947.25 feet along the East line of the NW'4 of said Section 1. Thence S_ 89°-27'-07" W. 66.00 feet to the true point of beginning, thence continuing S. 84°-27'-07" W. 606.47 feet, thence S. 00°-00'-39" E. 695.00 feet, thence N. 89°-27'-07" E. 606.89 feet, thence N. 00°-02'-44" W. 695.00 feet ta the true point of beginning. V,, ! � N � N u2 �� N N � N N •r{ QJ Fa Fa `e.,, O SO ` .� R3 v -. 1� .u:. (d 5 �.: x ,: o .. < 1> w O � O � +i O -1-�+-I � J> r-t � O U UI N vx �� ...i � N A 6 _I-> • CL 'U o a� � •� 6 i� F� O N E U � O +� J� 0 � � ti O� r� LCl r-I � U � � � � � N ri U � J� �ri U