Loading...
HomeMy WebLinkAbout31. 15-513NOVEMBER 24, 2015 15-513 RESOLUTION (CARRIED__7-0____LOST______LAID OVER______WITHDRAWN______) PURPOSE: AUTHORIZE SUBMITTING APPLICATION TO WISCONSIN ECONOMIC DEVELOPMENT CORPORATION FOR IDLE INDUSTRIAL SITES REDEVELOPMENT GRANT ON BEHALF OF THE MORGAN DISTRICT LLC FOR FORMER JELDWEN PROPERTY IN SOUTH SHORE REDEVELOPMENT AREA; ACCEPT FUNDS; APPROVE AGREEMENT WITH THE MORGAN DISTRICT LLC FOR CITY’S ADMINISTRATION OF IDLE INDUSTRIAL SITES REDEVELOPMENT GRANT INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the Wisconsin Economic Development Corporation (WEDC) has grant funds available for implementation of redevelopment plans for large industrial sites that have been idle, abandoned, or underutilized for at least five years; and WHEREAS, local municipalities are an eligible applicant and can apply for said grant funds on behalf of a local property owner; and WHEREAS, The Morgan District LLC approached the City about applying for said grant funds for the proposed redevelopment of the former JeldWen/Morgan Doors th property at Oregon Street and West 6 Avenue in the South Shore Redevelopment Project Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to submit an Idle Industrial Sites Redevelopment grant application to Wisconsin Economic Development Corporation to obtain funds for said purpose. BE IT FURTHER RESOLVED that if said grant funds are awarded, the proper City officials are hereby authorized and directed to accept said funds, pursuant to the terms of the grant application, and to execute any and all documents and assurances which may be required for purposes of same. BE IT FURTHER RESOLVED that the attached Agreement with The Morgan District LLC relative to the City’s administration of an Idle Industrial Sites Redevelopment grant for the former JeldWen/Morgan Doors property on Oregon Street th and West 6 Avenue is hereby approved contingent upon receiving said grant funds from Wisconsin Economic Development Corporation for this project. NOVEMBER 24, 2015 15-513 RESOLUTION CONT’D BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to execute and deliver the agreement in substantially the same form as attached, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. NOVEMBER 24, 2015 15-513 RESOLUTION CONT’D BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to execute and deliver the agreement in substantially the same form as attached, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. � O.fHKO.IH ON THE WATEP TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis Community Development Director DATE: November 24, 2015 RE: Authorize Submitting Application to Wisconsin Economic Development Corporation for ldle Industrial Grant on Behalf of The Morgan District LLC for Former Jeld-Wen Property in South Shore Redevelopment Area; Accept Funds; Approve Agreement with the Morgan District LLC for City's Administration of Idle Industrial Grant BACKGROUND Staff is proposing to submit an Idle Industrial Sites Redevelopment grant application to WEDC on behalf of The Morgan District LLC, the developers of the former Jeld-Wen riverfront site. The grant amount shall not exceed $500,000 and the funds will be used for site improvements to prepare the property for development. The Morgan District LLC is proposing a mixed-use development which will be completed in multiple phases over a number of years. Before any building construction can start, specific site improvements such as roadways and utilities will need to be installed. The Morgan District LLC will be investing approximately $40 million dollars in the entire project in the next five to ten years. If WEDC awards the grant, the City would administer the grant funds and ensure compliance for use of funds. ANALYSIS The Morgan District LLC, the developers of the former Jeld-Wen site, are starting the infrastructure site work for their redevelopment. The general schedule is: Start infrastructure improvements in summer of 2016. Start construction of mixed-use development in fall 2016. Complete construction in late 2017 to early 2018. The WEDC funds and investor funds will be used largely in 2016-17 for: • Infrastructure improvements necessary for a mixed-use development. City staff has worked with representatives of The Morgan District LLC in preparing the grant application and agreement that will transfer the grant match fund requirements and other WEDC grant requirements from the City to The Morgan District LLC. FISCAL IMPACT There are no City funds included in the Idle Industrial Sites Redevelopment grant application or the implementation. The Morgan District LLC will be paying for the City's staff time for grant administration, namely the grant draws. RECOMMENDATION The City Council approves the submission of the WEDC Idle Industrial Sites Redevelopment grant application, the agreement with The Morgan District LLC for their redevelopment, and accepts the WEDC Idle Industrial Sites Redevelopment grant funds should they be awarded to the City. Approved, ��a---���" 1 City Manager AGREEMENT WHEREAS, The Morgan District, LLC has purchased and has a desire to redevelop the property commonly known as the former Morgan Door Company, located at 42'f Oregon Street, 0 Oregon Street, 228 W 6�' Ave, 0 W 4�h Ave and encompassing the parcel identification numbers 90900010000, 90300010100, 90900010100 located in the City of Oshkosh ("the Property") as shown an the at#ached Exhibit "A" to this Agreement; and WHEREAS, The Morgan District, LL.0 will be building a mixed use development; and WHEREAS, the City of Oshkosh (the "Cit�') desires to work with The Morgan District, LLC to facili#ate the redevelopment af the Property; and WHEREAS, it is desirable to prepare and submit an application for a Wisconsin Economic Development Corporation {WEDC) Idle Industriai Sites Redevelopment Grant Program to assist with certain of the costs associated with the redevelopment o# the Property. NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the "City", and The Morgan District, LLC hereinafter referred to as "The Morgan Partners", agree as follows: 1. The City shall submi# an application for a WEDC ldfe Indus#rial S[tes Redevelopment Grant to assist with the redevelopment of ihe Property. The application shall be for the purposes identified in and substantially in the same form as the attached Exhibit B to this Agreement. 2. The City shali be responsible to complete all necessary requirements in relation to this WEDC Idle Incius#ria( Sites Redevelopment grant Agreemeni and the WEDC Idle Industrial Sites grant, if awarded. 3. The Morgan District, LLC shall be responsible for obtaining all required permits and approvals for all work to be perFormed on the Praper#y in relation to this Agreement and the WEDC Idle Industrial Sites Redevelopment grant, if awarded, including but not limited to permits and approvals from other state and federal agencies. 4. The Morgan District, LLC shall be responsible for the Match Investment identified in the WEDC Idle Industrial Sites Redevelopment applicatian and directly pay for all project costs including but not limited to any permit or approval costs and fees, and any contractors' fees and consuftants' fess, relating to the performance of responsibilities under the WEDC ldie lndustrial Sites Redevelopment grant, if awarded. 5. The Morgan District, LLC sha!! use WEDC ldle Indus#rial Sites Redevelopmenfi funds under the terms of the ac#ivities outlined in Exhibit B. Failure to use the WEDC Idle Industrial Sites Redevelopment funds on the terms of Exhibit B will result in payment requests being denied. 6. The Morgan District, LLC sha11 submit to the City payment requests with all necessary supporting documentation to allow the City to reques# reimbursement under the terms of the WEDC Idle Industrial Sites Redevelopment gran#. I 7. The Morgan District, LLC shall pay to the City a fee of $500 per payment request to reimburse the City for the City's costs of administering the WEDC Idle Industrial Sites Redevelapment grant. 8. The Margan District, LLC shall comply with the requirements listed in the agreement between the WEDC and the City. 9, The Morgan District, LLC shall fully and completely cooperate with the City, the City's attorneys, the City's Auditors or other representative of the City (collectively, the "City") in connection with any internal or governmental Audit, with respect to matters relating to this Agreemen#. Such coopera#ion may include, but shall not be limited to, responding to requests for documents and/or other records, and making Contractar's employees available ta the City (or their respective attorneys or auditors) upon reasonable notice for: (i) interviews, facival investigations, and providing dec{arations or affidavits that provide truthful information in connection with any Audit; (ii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iii} providing information and legal representations to auditors in a form and within a timeframe requested. 10. The agreement between The Margan District, LLC and the City shalf expire once the project is completed and upon completion of the grant requirements. 19. Subject to any limitations contained in Sec 893.80 and any similar statute, of the Wisconsin Statutes, the City agrees to hold The Morgan District, LLC, its afficers, officials, employess, and agents harmless from any and all liabi3ity, including claims, demands, losses, costs, damages, and expenses of every kind and descripiion (including death}, or damages to person or property arising out af the terms of this Agreement where such iiability is #ounded upon or grows out of the acts of omission of any City's officers, employees, or agents while acting within the scope of their employment. The Morgan District, LLC agrees to hold the City, its officers, officials, employees, and agents harmless from any and a11 liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or graws out of the acts of omission of any The Morgan District, LLC's officers, employees, or agents while acting within the scope of their employment. Nothing in this Agreement is intended as a waiver af the City's right or opportunity to rely upon the governmental limitations and immunities contained within Wisconsin iaw. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.8Q, and 893.83, Wisconsin Statutes. Such damage iimits, caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern ali disputes, contractual or otherwise, as they apply to the parties and their agents, o#ficers, and employees. The intention of this paragraph is that each party sha11 be responsible for its own actions and inactions related to this Agreement. Notwithstanding any other provision of this Agreement, it is further agreed that to the fullest extent permitted by law The Morgan Districf, LLC shall indemnify and hold harmless the City, its employees, agents, contractors and consultants from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited 2 to attorneys' fees and ali Court, arbitration or other dispute resolution costs, arising out of, resulting from, or reiated to the presence and/or involvement of hazardous substances or constituents, including hazardaus waste, at or contiguous to the project site or contained in samples collected by or received by the City or its contractors and/or consultants fram the site. This indemnification extends to claims against the City or any of its employees, agents, contractors or consultan#s which arise out of, are related to, or are based upon, the d�sposal, discharge, escape, release, spillage or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other ma#erial, irritant, contaminant or pollution in or into the atmosphere, or on, onto, upon, in or into the surface or subsurtace of soil, water or watercourses, objects, or any tangible or intangible matter, whether such event or circumstance is sudden or not. Nothing in this paragraph is intended to indemnify, or sha(I be construed as indemnifying fhe City, ifs employees, agents, contractors or consultants with respecf to claims, losses, expenses or damages to the extent caused by the City or its employees', agents', contractors' or consuftants' awn negligent acts ar omissions. 12. This Agreement shali be construed under the {aws af the State of Wisconsin. 13. This Agreement, and all other documents or instruments that may be required by this Agreement, may be executed in several caunterparts, each of which shall be deemed an original, but all of which shall const'stute the same insfrument. 3 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and The Morgan District, LLC have respectively caused this Agreement to be duly executed on this day of Nvvember, 2015. C{TY OF OSHKOSH : Mark Rohloff, City Manager And: Pamela R. Ubrig, City Cierk And: Trena Larson, Finance Director Approved as to form: Lynn Lorenson, City Attorney STATE �F WISCONSIN ) } ss. WiNNEBAGO COUNTY ) The Morg D' trict C By_ Gr , egistered Agent Personally came before me this 1� day of November, 2015, the above named Grant Schwab, registered agent of The Morgan District, LLC to me known to be the persons who executed the foregoing instrument and acknowledged same as and for said company, by its authority. STATE OF WISC�NSIN) ) ss. WINNEBAGO COUNTY } �� Not Public, Winneba a County, WI My Commission Expires: /l — / � —� "� Personally came before me this day of November, 2015, the above named Mark Rohloff, City Manager, Pamela R. Ubrig, City Clerk, and Trena L.arson, �inance Director, of the City of Oshkosh, to me known to be the persons who executed the foregoing instrument and acknowledged same as and for said Corporation, by its authority. Notary Public, Winnebago Caunty, WI My Commission Expires: � Exhibit A The City of Oshkash rxeates and maintains GIS maps and cata for its c:vn use. They n�ay sh�w the approximate relative E�ratier� of property, houndaries antl other fe2ture `�om a•���riety o1 scurces. These map(s)idatasets are pretirided for infonnet€on pu�poses on:y and rray not be su�cier: o� appropriate for legai: engineering, or surveying purpcses. They are prov�ded "iaS-ES" witheut warranties of any kind an� tFe Ciry of Oshkosh assur�es n� Iiability for us2 or misuse. O.f HKOlH ON iHE WATFA H'jef`nlFianr�i�:g Basa !,1aP - Jei 2u':4.iritid Us�r: je»� WISCONSIN ECONOMIC DEVELOPMENT CORPORATION Idle Industrial Sites Redevelopment Prospect Data Sheet (All application materials must be received by WEDC no later than November 21, 2014) A. GRANT REQUEST Grant Request: $$375,000 Applicant Match: $$1,050,000 Total Project Cost: $$40M+ Project Size: � Contiguous site is greater than 5 acres, but less than 10 acres ❑ Contiguous site exceeds 10 acres Name of WEDC Communitv Account Mana�er: Natetta Burr B. APPLICANT INFORMATION Legal Name: City of Oshkosh NAICS: 999300 Applicant Type: �City ❑Town ❑Viilage ❑County ❑Other Public Body: FEIN #:39-6005563 (Submit Completed W-9 as a separate document) Addl'eSS: 215 Church Ave, PO Box 1130 City, State, Zip: Oshkosh, WI 54903 Tele. #:(920) 236-5055 Fax #: (920) 236-5053 Internet Address: www. ci.oshkosh.wi.us C. LOCAL GOVERNMENT CONTACTS Primary Contact: Name: Allen Davis Title: Director of Community Development Address (if different): Phone: (920)236-5055 Email: adavis@ci.oshkosh.wi.us Highest Elected Official: Name: Steve Cummings Title: Mayor Address (if different): 1124 Bay Shore Drive Oshkosh, WI 54901 Phone: (920) 410-8545 Email: scummings�a ci.oshkosh.wi.us Official Authorized to Sign Contracts: Name: Mark Rohloff Title: City Manager Address (if different): Phone: (920) 236-5002 Email: mrohloff@ci.oshkosh.wi.us Individual to Receive Grant Payments: Name: Allen Davis Title: Director of Community Development Address (if different): Phone: (920) 236-5055 Email: adavis@ci.oshkosh.wi.us Reporting Contact: Name: Kelly Nieforth Title: Economic Development Specialist Address (if different): Phone: (920) 236-5045 Email: knieforth@ci.oshkosh.wi.us D. SECONDARY CONTACT (e.g. consultant, developer, partner, as applicable): Name: Ed Bowen Title: Organization: The Morgan District, LLC Explain Role: Development Coordinator Address: 601 Oregon Street Suite B City, State, Zip: Oshkosh, WI 54902 Rev.10/15/2014 Tele. #:(920) 267-2558 Email Address: ed@themorganpartners.com Fax #:(920) 233-7363 E. INITIAL ELIGIBILITY Please answer the following to demonstrate eligibility: Yes No � ❑ 1. ❑ The property is larger than 5 acres and has had over 25 years of industrial usage. -OR- � The property is larger than 10 acres and has had over 25 years of commercial usage. � ❑ 2. The property has been vacant or underutilized for more than five years. � ❑ 3. The applicant owns the targeted site or can demonstrate the legal ability to access the property and perform the work proposed in the application. � ❑ 4. Grant funds will not be used for environmental work occurring on properties in which the current owner is also a causer who possessed or controlled the contaminant(s) on the site. � ❑ 5. I certify that WEDC financial assistance is needed to ensure the project will happen in Wisconsin. Explain: Contact Account Manager for eligibilitv information if anv answers in Section C F. SITE DETAILS PTOjeCt LoCatlon: � City ❑ Town ❑ Village Of: Oshkosh County: Winnebago Project Street Address: 421 Oregon St/424 Oregon St Site Size (Acres): 27 Current Zoning: C-3PD Proposed Zoning: TBD Is the project located in a TID? � Yes ❑ No If yes, creation date: 4/1/2016 The party that likely caused environmental contamination on the subject property is unknown, cannot be located or is financially unable to pay for the cost of the cleanup. � Yes ❑ No Does the applicant currently own the site? � Yes ❑ No If no, how do you have or expect to obtain ownership or access to the property? ❑ Condemnation ❑ Tax Delinquency ❑ Purchase (attach purchase agreement or option) ❑ Development Agreement ❑ Other: Timeframe: Timeframe: Timeframe: Timeframe: Timeframe: If applicant will not own the property, what entity will/does? Current Site Ownership: The Morgan Districc, phone: (920) 267-2558 Email: LLC ed(a�themor�andistrict.com G. REDEVELOPMENT NARRATIVES (reference Required Supporting Documentation as needed) 1. Project Objectives: Provide a clear, accurate, and concise summary of the project, the project goals and objectives, and how the project will directly or indirectly promote economic development of the area and support community revitalization. The summary should include the needs to be addressed, the proposed scope of work, total investment, projected impact on jobs and tax base and any other factors of significant impact. Supporting documentation may be referenced as to precise location in the application materials and attached (e.g. letters of support, testimonials from concerned interests, summaries of market and/or planning study data, demographic date). (Two page limit) 2. Need for Assistance: Describe the nature and scope of the site's challenges (physical, social, financial, institutional, and/or other). Clearly and concisely justify the need for grant funding that cannot be met by the private sector alone (e.g., traditional financing, equity investment or donor support), local public 2 Rev.10/15/2014 sector support (e.g. RLF financing, TIF financing and/or public borrowing) ar a reduction in the scope of the project. (Two page limit) 3. Site Background: Describe the site location, history and significance of the site, past and current ownership and usage, any known contamination and causers, reasons for underutilization, and area and people to be impacted by the proposed project. Describe how this project aligns with any planning processes that have been completed relating to this site and include any redevelopment plans specifically referencing the site as Supporting Documentation. (Two page limit) 4. Project Implementation: This section should provide a clear overview of the redevelopment strategy and project vision, and a well-conceived overall approach to the project, including details demonstrating that the project will be implemented in a way that will achieve the program's goals and objectives. Information provided should include the following (four page limit): • An implementation plan and quarterly schedule that details past and planned activities through one year past completion, including milestones and factors that might affect the schedule (e.g. permitting, planning, site control actions, site assessments, environmental cleanup), including strategies to address potential obstacles. • A description of the means by which the applicant has or expects to obtain ownership or access to the property, as well as descriptions of intended property transactions that will occur over the next five years. • Evidence of market viability (e.g. market data from a published source), marketing plans and descriptions of how the project is positioned for continued success after the end of the grant period. 5. Project Viability: Provide information that includes the following (two page limit): • Describe and demonstrate that the applicant is able to implement project activities consistent with the project's scope, scale and projected outcomes, and sustain the project as described in the application. � Include name, role and qualifications of key individuals responsible for implementation of the project, including ownership percentage for any individual owning more than 20% of the project. • Describe the partnerships developed and demonstrate that the partner has sufficient and relevant experience and success in development and/or business operation similar to that being conducted under the proposed project. Include a partnership or other agreement between the applicant and the project partner that includes a description of the roles and the relationship between the applicant and the project partner in Supporting Documentation. The agreement should address topics such as ensuring that: detailed records documenting long-term job creation, appropriate expenditures of grant funds will be provided regularly; the grantee will play a substantive role in the project and will actively monitor the partner(s)' activities to ensure compliance with WEDC program requirements; and all parties will cooperate with WEDC monitoring efforts. As evidence of the project partner's financial viability, individuals owning 20% or more of the project may be required to submit a signed and dated personal financial statement and may be subject to credit check. WEDC funding shall not exceed 30% of eligible project costs. 6. Project Financing: The applicant must include an acceptable financial plan for the project that demonstrates that the project has all financing needed to complete construction and to sustain the project for at least 1 year after completion. Supporting documentation that clearly demonstrates financial feasibility includes iirm iinancial commitment letters from a lending institution or government entity. Financial statements consisting of income statements, balance sheets and cash flow projections may support project viability. Describe each line item in Section N, Proposed Project Budget, itemized by funding source. The financial plan should also demonstrate that the financial estimates are grounded in solid assumptions, attaching any cost estimates or bidding conducted for costs listed in the project budget, or an explanation of the basis for all costs as Supporting Documentation. (Two page limit) Rev.10/15/2014 H. PROJECTED ECONOMIC DEVELOPMENT How many full-time jobs will likely be created at the Average wage: 11.00+/hr ro�ect site: 75-100 ProjeCt S1te: 421/424 Oregon (27 AC redevelopment) Current Assessed Value: $876,600 Projected Assessed Value: $301�+ A detailed justification of these estimates should be provided in the Economic Development Potential narrative requested above. I. LEGAL INFORMATION YES/NO Has the applicant, or any owner, officer, subsidiary or affiliate, been involved in a lawsuit � yes � No in the last 5 years? Has the applicant, or any project owner, officer, subsidiary ar affiliate, ever been involved � yes � No in a bankruptcy or insolvency proceeding or are any such proceedings ending? In the last 5 years, has the applicant, or any owner, ofiicer, subsidiary or affiliate, been charged with a crime, ordered to pay or otherwise comply with civil penalties imposed, or ❑ Yes � No been the subject of a criminal or civil investigation? Does the applicant, or any project owner, officer, subsidiary or affiliate, have any � yes � No outstanding tax liens? Applicant certifies that they have completed a similar background review of the developer � yes ❑ No or any pass through recipient Please attach a detailed explanation of any YES responses. J. REGULATORY INFORMATION (if applicable) DNR Project Manager Name and Address: Telephone Number: (920) 424-7890 Kevin McKnight 625 E County Rd Y#700, Oshkosh, WI 54903 Fax Number: (920) 424-4404 Email Address: kevin.mcknight@wisconsin.gov Indicate the various WDNR case numbers or BRRTS #'s that have been assigned to the project site: 1) See Attachments 2) See attachments 3) See attachments K. STATE REQUESTS FOR BID OR PROPOSAL Are you aware of any State of Wisconsin request for bid or request for proposal to which the applicant or any project owner intends to respond or to which the applicant or has recently responded? ❑ Yes � No If yes, please provide the following: a. Identify the bid or request for proposal (e.g., bid number, or general description or title). b. Identify the state agency or public entity to which you are submitting the bid or proposal. c. Explain the status of the bid or proposal (e.g., recently submitted; considering submission; in current negotiations). Please note that if you answer "yes", WEDC may not be able to discuss potential financial assistance until the reauest for bid or reauest for proposal nrocess has been comnleted. Rev.10/15/2014 L. REQUIRED SUPPORTING DOCUMENTATION CHECKLIST Please include the following attachments in the appendix and clearly identify each Included Attachment document: ✓ # 1. A map and aerial image indicating the project location within its municipal jurisdiction and any specially designated federal, state or local economic or � t�ation zone encompassing the project site. Photographs of the site and surrounding area. 2. List of previous site owners/occupants from a Phase I Assessment or a title � search. 3. Statement declaring that a search was conducted to determine if the parties that caused contamination are unknown, or if known, are no longer in existence or have no ownership interest in the property, or that state funds ❑ will not be used for environmental remediation on the site if there is a known viable causer. 4. Copies of all Phase I and II Environmental Assessments performed on the � project property. 5. Also identify and provide copies of any subsequent environmental reports or correspondence produced that are relevant in demonstrating the progress ❑ of any environmental activities at your project site. 6. A copy of the redevelopment plan for the site. ❑ 7. A copy of any cost estimates or bidding conducted for costs listed in the � roject budget, or an ex lanation of the basis for all costs. 8. A copy of the agreement or document under which the applicant has or � expects to obtain ownership ar access to the property. 9. Documentation that demonstrates the success of obtaining firm financing (e.g. commitment letters from lending institutions, municipal resolutions for ❑ fnancing or TID creation). 10. Partnership or other agreement between the applicant and project partner(s) that includes a description of the roles and the relationship between the ❑ applicant and the project partner. 11. Individuals owning 20% or more of the project may be required to submit � signed and dated personal iinancial statement. 12. Statements from community, public and economic development leaders that � support the project proposed for funding. 13. Please list any other relevant documentation you have provided with your application, along with the page number: a) � b) � c) ❑ d) � e) ❑ Rev.10/15/2014 M. CERTIFICATION STATEMENT This npplication, nnd the information being sicbmitted to WEDC, is true and correct to the best of my (our) knowlecige. This also certifies that: 1. The applicant certifies that to the best of its knowledge and belief, the information being submitted to WEDC is true and correct. 2. The applicant understands submitting false or misleading information in connection with an application may result in the applicant being found ineligible for financial assistance under the funding program, and the applicant or its representative may be subject to civil and/or criminal prosecution. 3. The applicant certiiies that it is in compliance with all laws, regulations, ordinances and arders of public authorities applicable to it. 4. The applicant certiiies that it is not in default under the terms and conditions of any grant or loan agreements, leases, or financing arrangements with its other creditors. 5. The applicant understands this application and other materials submitted to WEDC may constitute public records subject to disclosure under Wisconsin's Public Records Law, § 19.31 et seq. The applicant will mark documents "coniidential" where appropriate for iinancial and other sensitive materials that should be, to the extent possible, be kept in confidence. WEDC will notify the applicant if it receives a public records request for materials marked confidential. 6. The applicant certifies that WEDC is authorized to obtain a credit check and Dun and Bradstreet on the applicant, the business and/or the individual(s). 7. The recipient of the Idle Industrial Sites Grant funds shall enter into a contract with WEDC that may require, at the discretion of WEDC, a personal or business guarantee from any private owner of the site with more than 20% ownership interest. 8. The recipient of Idle Industrial Sites Grant funds shall provide WEDC with semi-annual performance reports, iinancial reports, and schedules of expenditures compiled by a qualified independent third P�Y• 9. Funds received for remediation under the Idle Industrial Sites program shall not replace funds from any other source including Agri-Chemical, Petroleum Environmental Cleanup Act and the Superfund. 10. Funds received under the Idle Industrial Sites program shall not be used for environmental remediation costs where there is a known viable causer of contamination with ownership interest in the property. 11. The applicant certified that it has disclosed and will continue to disclose any occurrence or event that could have an adverse material impact on the project. Adverse inaterial impact includes but is not limited to lawsuits, criminal or civil actions, bankruptcy proceedings, regulatory interventions or inadeauate caqital to complete the qroiect. Signature: (Authorized Representative) Date: Printed Name: Title: - - Rev.10/15/2014 � - .fl a � � 'Z F� � O o F � a+ � � � � � � � � � � � � w ¢ z � � w u o � � f � �a � �: � �. z I � � Q w U ? '� �C O ,., � �3 ^� W u � u ti w � v � �F ¢ � c7 ° z ti z > �, � AA � � W zA � � �� � o G� � ° � � � � O V � � O W � z � � i� A � � `� � � w � E� � � � ti � � .�. � � C � � � � U F ,r `.' uj +� z � � � � � � o � � z � � H � c U� U v A Q � W � 3 F W �� O �' � y a � o � W � � a �w � � z � v, � � � 0 0 � � � .� c � � o � p"' fzj > a�i � a3i a � � � � � w o � v� v� Gti. G�. O � C y � C � a " r� o CL� ° o � � � � � o .� � '� a � � � � � � b � �� � � � � � � . U �� a� +.-� a� '� o� N M � �/'1 Q CG L� v� �1 O � State of Wisconsin Departrnent of Administration DOA-6448 (R08/2001) Subsdtute W-9 Division of Executive Budget and Finance State Controller's Office DO NOT SEND TO IRS W-9 TAXPAYER IDENTIFICATION NUMBER (TIN) VERIFICATION Print or Type This form can be made available in alternative formats to qualified individuals upon request. _ _ . _ _ --- — — _ Legal Name: (as encered wich ntS) i Entity Designation: (check only one) Individuals: Enter Last Name, First Name, Middle Initial Sole Proprietorships: Enter Last Name, First Name, Middie Initial ❑ Individual / Sole Proprietor All Others: Enter Lega] Name of Business ❑ Corporation (includes service corporations) Trade Name: Individuals: Leave Blank Sole Proprietorships: Enter Business Name All Others: Complete only if doing business as a DB/A Remit Address: Address where awarded funds check should be sent if different from primary address PO Box or Number and Street, City, State, ZIP+4 Order Address: Address where order should be mailed PO Box or number and street, City, State, ZIP+4 [NOT APPLICABLE] Primary Address: Address where 1099 should be sent if different from remit address PO Box or nuinber and street, City, State, ZIP+4 ❑ Lirruted Liab�hty Partnership ❑ Limited Liability Corporation ❑ Government Entity ❑ Hospital Exempt from Tax or Government Owned ❑ Long Term Care Facility Exempt from Tax or Government Owned ❑ All Other Entities Taxpayer ldentification Number (TIN): If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, using your EIN may result in unnecessary notices to the Requester. Check Only One ❑ Social Security Number (SSN) ❑ Employer ldentification Number (EIN) ❑ Individual Taxpayer ldentification Number for U.S. Resident Aliens (ITIN) --- _ --- _ — -- ---- — -- _— --- Certification: Under penalties of perjury, I certify that: 1. The number shown on this form is my conect taxpayer identification number, AND 2. I am not subject ro back up withholding because (a) I am exempt from backup withholding, or (b) I have not beei� notified by the Internal Revenue Service (IRS) that I am subject to back up withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. 3. I am a U.S. person (induding a US resident alien). ---- __----- -- -- __ — --- — � --- Printed Name � Printed Title , Telephone Number li ) Sig�ature For Agency Use Agency Nutnber Contact Date (mm/dd/ccyy) Phonc Number _ - -- — — ------ ___ __ _ — Chan�,e ❑ Name ❑ Address ❑ Other (explain) � � � For all projects approved by WEDC, this forni is used as a reference for issuing checks to Recipients. WEDC will file with the IIZS appropriate income tax forms for award Recipients b�sed on information that appears on this form. Failure ro provide this information may result in delayed payments. This request is being made at the direcUOn of the Wisconsin State Controller. We are required to inform you that failure to provide the correct Taxpayer ldentification Number (TIN) / Name combination may subject you to a$50 penalty assessed by the Internal Revenue Service under section 6723 of the Intemal Revenue Code. Section 6109 requires you to furnish your correct TIN to persons who must file information returns with the Il2S to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your ta�c return. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 31 °/a of ta�cable interest, dividend, and certain other pay�nents to a payee who does not furnish a TIN to a payer. Certain penalues may also apply. DOA-6448 (R08/2001) REV for PDS 12/04