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Home My WebLink AboutWatco Companies, LLC. & Oshkosh Development Agreement Development Agreement 1)x:426290 Document Number Document Title 1744688 REGISTER'S OFFICE WINNEBAGO COUNTY, W1 Development Agreement between City of Oshkosh and Watco Companies,LLC fot RECORDED ON construction of a publicly-owned transload facility. 07/20/2017 1:43 PM NAT LIF STROHMEYER REGISTER OF DEEDS Recording IRMCORDING FEF 30000 Name and Return AR ; 19 City Attorney's Office Oshkosh,WI 54902-1130 t, .-t- 913-3403-0000 and 913-3414-0000 Parcel Identification No. Drafted By; Attorney Lynn Lorenson Oshkosh, WI DEVELOPMENT AGREEMENT WHEREAS, the City of Oshkosh desires to construct a publicly-owned transload facility ("the Project") located in the city-owned Southwest Industrial Park on Global Parkway and Watco Transloading, LLC will operate and maintain the transload facility. The Project encompasses part of the parcel identification numbers 91334140000 and 9133403000, located in the City of Oshkosh ("the Property") as shown on the attached Exhibit "A" and legal description to this Agreement; and WHEREAS, Watco Companies LLC's Terminal and Port Services Division has a lease agreement with the City to operate and maintain the transload facility on the City's behalf; and WHEREAS; Watco Companies LLC intends to purchase land adjacent to the transload facility and railroad to construct private buildings to support the transload facility's operations; and WHEREAS, the City prepared and submitted an application for a Wisconsin Department of Transportation Transportation Economic Assistance Grant (the "WisDOT TEA Grant") to assist with certain of the costs associated with the development of the Project. NOW, THEREFORE, the City of Oshkosh, hereinafter referred to as the"City", and Watco Companies LLC, hereinafter referred to as "Watco" agree as follows: 1. The City shall submit a WisDOT TEA Grant to assist with the development of the Property and Project. 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 shall be responsible to complete all necessary requirements in relation to this Agreement and the WisDOT TEA grant. 3. The City shall share responsibility with Watco Companies LLC for obtaining all required permits and approvals for all work to be performed on the Property in relation to this Agreement and the WisDOT TEA grant, including but not limited to permits and approvals from other state and federal agencies. 4. Watco and the City shall share responsibility for the Match Investment identified in the WisDOT TEA application and directly pay for all project costs including but not limited to any permit or approval costs and fees, and any contractors' fees and consultants' fees, relating to the performance of responsibilities under the WisDOT TEA grant. The City shall pay $200,000 cash towards the Project with additional in-kind services and Watco shall pay the remainder of the Match Investment with cash and in-kind services towards the Project as shown in Exhibit C. 5. The City shall approve all costs associated with the Project to ensure all WisDOT TEA funds are used properly under the terms of the grant as outlined in Exhibit B. 6. As recipient of the WisDOT TEA Grant, the City shall bid and award all contracts associated with the construction of the Project as shown in Exhibit B. 7. Watco shall have the option to purchase the remaining property of Lot 1 after the transload facility is developed and the parcel shown as Lot 2, for$35,000 per acre as shown on 1 d Exhibit D. This option will commence once the Development Agreement is executed and will expire after three years. If an extension is needed for the option, Watco must submit a request in writing to the city. 8. Watco may use a $40,000 credit the City has awarded to Watco for engineering services provided to the city in 2016 towards the land purchase. The credit will commence once the Development Agreement is executed and will expire after three years. If an extension is needed to use the credit, Watco must submit a request in writing to the city. 9. Watco and the City shall comply with the agreed upon responsibilities and scope of work listed in the design services agreement dated July 21, 2016. 10. Watco shall comply with the requirements listed in the Transportation Economic Assistance Agreement between WisDOT and the City. 11. The City and Watco will establish a method to pay the construction bills and be reimbursed by the TEA Grant and City required funds. Watco will provide adequate funds for payment to the City for the contractor invoices as they develop. The City will request reimbursement to the WisDOT and once the City receives the funds from WisDOT, the City will provide the reimbursed funds back to Watco within 90 days of receiving the funds from Watco. The City does not control the WisDOT review and reimbursement process and therefore cannot be held responsible for WisDOT's timetable. 12. Watco 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 Agreement. Such cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making Contractor's employees available to the City (or their respective attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations 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. 13. This agreement between Watco and the City shall terminate once the project is completed and upon completion of the grant requirements except for items 5, 7, 8, 10, 12, and 14 which shall remain active. 14. Subject to any limitations contained in Sec 893.80 and any similar statute, of the Wisconsin Statutes, the City agrees to hold Watco Companies LLC, its officers, officials, employees, and agents harmless from any and all 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 grows out of the acts of omission of any City's officers, employees, or agents while acting within the scope of their employment. Watco Companies LLC agrees to hold the City, its officers, officials, employees, and agents harmless from any and all 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 grows out of the acts of omission of any Watco Companies LLC's officers, employees, or agents while acting 2 within the scope of their employment. Nothing in this Agreement is intended as a waiver of the City's right or opportunity to rely upon the governmental limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the parties and their agents, officers, and employees. The intention of this paragraph is that each party shall 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 Watco Companies 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 to attorneys' fees and all Court, arbitration or other dispute resolution costs, arising out of, resulting from, or related to the presence and/or involvement of hazardous substances or constituents, including hazardous 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 from the site. This indemnification extends to claims against the City or any of its employees, agents, contractors or consultants which arise out of, are related to, or are based upon, the disposal, discharge, escape, release, spillage or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollution in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface 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 shall be construed as indemnifying the City, its employees, agents, contractors or consultants with respect to claims, losses, expenses or damages to the extent caused by the City or its employees', agents', contractors' or consultants' own negligent acts or omissions. 15. This Agreement shall be construed under the laws of the State of Wisconsin. 16. This Agreement, and all other documents or instruments that may be required by this Agreement, may be executed in several counterparts, each of which shall be deemed an original, but all of which shall constitute the same instrument. 3 IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, and Watco Transloading, LLC have respectively caused this Agreement to be duly executed on this r ��day ofVar, 2017. CITY OF OSHKOSH Watco Companies LLC By: By: E Mark Rohloff, City Manager Derek enner, SVP Ptrategy&Customer w Integration Pamela R. Ubrig, City CI rk AndJrQM lcunoc' Trena Larson, Finance Director Approved as to for t 'LyLorenson, y ttorney STATE OF WISCONSIN ) ) ss. WINNEBAGO COUNTY ) Personally came before me this day of 2017, the above named Derek Penner, registered agent of Watco Companies LLC to me known to be the persons who executed the foregoing instrument and acknowledged same as and for said company, by its authority. T 26ANotary Public, Winnebago Cot�y�,-SWI My Commission Expires:.16by tf 11 _ STATE OF WISCONSIN) ) ss. WINNEBAGO COUNTY ) Personally came before me this 284"'-' day of-May, 2017, the above named Mark Rohloff, City Manager, Pamela R. Ubrig, City Clerk, and Trena Larson, Finance 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 topnWI My Commission Expires: 16 191 , 4 mot mrs NOR ............. ia, ............ AC 11/is��111/1 il j I'll 1, is FTC f, I m I f I'M ad ME WON, MH N ov H9$ 33Eg i N16 A a) "O C 'O M N CSI O � 3 8 8 a B o g 9 C N C 9 a L r l4 N CO N N O 8 c R w O C @ O m ¢l y a N+� a u o0 oa ag w a N r O o 0 m toy kgs �o 0. is an d S ;Be°�'m£ 0 U-i�� =a I QOa Ix �- � � etH U a 'c �' � �a�mea — 13o- mss= ISI��j J h v.� d r " V.V .�✓'rr 1� �yj� y f�i e a, 4 / 7� 1 Ilei II I h ° e r � �rr�yg i m N U' EXISTING LEGAL DESCRIPTION PARENT PARCELS OF RAILROAD TRANSYARD FACILITY LEGAL DESCRIPTION TAX PARCELS 13-3403-00-00 AND 13-3414-00-00 BEING ALL OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 LOCATED IN THE SOUTHWEST%OF THE NORTHEAST%AND THE NORTHWEST%OF THE SOUTHEAST%AND PART OF THE NORTHEAST%OF THE SOUTHWEST%OF SECTION 32,TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY,WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 32,TOWNSHIP 18 NORTH, RANGE 16 EAST;THENCE N00°56'58"E, (RECORDED AS N00°57'58"E) 850.00 FEET ALONG THE EAST LINE OF THE OF THE NORTHWEST%OF SAID SECTION 32,ALSO BEING THE WEST LINE OF CERTIFIED SURVEY MAP NUMBER 6090 RECORDED AS DOCUMENT NUMBER 1436328 IN VOLUME 1 PAGE 6090,WINNEBAGO COUNTY REGISTER OF DEEDS TO THE NORTH WEST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S16°27'14"E, 250.03 FEET(RECORDED AS S°29'29"E,250.00 FEET)ALONG A NORTHEASTERLY LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090;THENCE S00°5557"W, 611.16 FEET(RECORDED AS S00°57'58"W, 611.10 FEET)ALONG AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S89°22'03"E, 690.06 FEET(RECORDED AS S89°21'03"E, 689.94 FEET)ALONG A NORTH LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090 TO THE NORTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090;THENCE S00°3841"W, 555.69 FEET(RECORDED AS S00°39'39"W, 555.74 FEET) ALONG THE EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 6090 TO THE SOUTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 6090,ALSO BEING A POINT ON THE NORTH LINE OF THE WISCONSIN SOUTHERN RAILROAD RIGHT-OF-WAY;THENCE S59°34'38"W, 900.20 FEET(RECORDED AS S59-36'05"W,900.05 FEET)ALONG THE NORTH LINE OF SAID RAILROAD RIGHT-OF-WAY TO A POINT ON THE EAST LINE OF THE SOUTHWEST%OF SAID SECTION 32;THENCE S59°35'27"W, 602.08 FEET ALONG THE NORTH LINE OF SAID RAILROAD RIGHT-OF-WAY TO A POINT ON THE SOUTH LINE OF THE NORTHEAST%OF THE SOUTHWEST%OF SAID SECTION 32;THENCE N89°18'26"W, 831.15 FEET ALONG SAID NORTH LINE TO THE SOUTHWEST CORNER OF THE NORTHEAST%OF THE SOUTHWEST%OF SECTION 32;THENCE N00'31'19"E, 1,325.79 FEET ALONG THE WEST LINE OF SAID NORTHEAST% OF THE SOUTHWEST%OF SECTION 32 TO THE NORTHWEST CORNER OF SAID NORTHEAST%OF THE SW%OF SECTION 32;THENCE S89°28'02"E, 1356.10 FEET ALONG THE NORTH LINE OF SAID NORTHEAST%OF THE SOUTHWEST%OF SECTION 32 TO THE POINT OF BEGINNING; SAID AREA CONTAINS 2,372,055 SQUARE FEET OR 54.455 ACRES, MORE OR LESS. PROPOSED LEGAL DESCRIPTION (ONCE PLATTED) TRANSLOAD FACILITY PROPERTY LEGAL DESCRIPTION PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 RECORDED AS DOCUMENT NUMBER 1436328 IN VOLUME 1 PAGE 6090, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHWEST '/4 OF THE SE '/4, ALSO PART OF THE NORTHEAST 'A OF THE SOUTHWEST '/40F SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE CENTER OF SECTION 32, TOWNSHIP 18 NORTH, RANGE 16 EAST; THENCE S89022'03"E, 765.75 FEET ALONG THE EXTENDED NORTH LINE AND NORTH LINE OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 TO THE NORTHEAST CORNER OF LOT 3 OF SAID CERTIFIED SURVEY MAP NUMBER 6090; THENCE S00038'41"W, 260.60 FEET ALONG THE EAST LINE OF SAID LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 TO THE POINT OF BEGINNING; THENCE CONTINUING S00038'41"W, 295.09 FEET ALONG THE EAST LINE OF SAID LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090 TO THE SOUTHEAST CORNER OF SAID LOT 3 OF CERTIFIED SURVEY MAP NUMBER 6090, ALSO BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE WISCONSIN SOUTHERN RAILROAD; THENCE S59034'38"W, 900.20 FEET ALONG SAID RAILROAD RIGHT-OF-WAY; THENCE S59035'34"W, 459.70 FEET ALONG SAID RAILROAD RIGHT-OF-WAY; THENCE N30°47'36"W, 79.23 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE 242.30 FEET ALONG SAID CURVE THAT HAS A RADIUS OF 1,01 1 .00 FEET AND A CHORD THAT BEARS N23055'39"W, 241.72 FEET; THENCE N17°03'42"W, 159.96 FEET; THENCE N70025'28"E, 1,233.74 FEET; THENCE N59012'25"E, 150.40 FEET; THENCE N13°19'25"E, 52.72 FEET; THENCE N90000'00"E, 57.78 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINS 496,619 SQUARE FEET OR 11.401 ACRES, MORE OR LESS. Exhibit B City of Oshkosh TEA Grant Application . . . / 0 * 0w* "69 Revision toApplication Signed 11-24-15 ' Under the State ofWisconsin's TEA GRANT APPLICATION Transportation Facilities Wisconsin Department ofTransportation Economic Assistance and oT1283 4/2014 '*TECONOMIC ASSISrANCE Development Program(TE/) | 1. APPLICANT(S) Revised Community Name � City ofOshkosh Street Address/PO Box (Area Code)Telephone Number 215 Church Ave/PO Box 1130 (920)236-5045 City,State,ZIP Code (Area Code)FAX Number Oshkosh, Wl 54903-1130 (920)236-5053 Community Contact Person rom Allen Davis � Director nfCommunity Development EmaillAddress mContact Person � odevia@cinahkonh xvi.ua Business Name Oshkosh Business Street Address/PO Box (Area Code)Telephone Number 2737 Harrison Street, P.O. Box2566 (920)233-9514 City,State,ZIP Code (Area Code)FAX Number Oshkosh, Wl 54901 (920)233-9251 Business Contact Person Title George Mansfield Oshkosh Defense VP and GM, International Programs Email Address mContact Person gmansfield@defense oshkoshcorp.corn � 2 CERTIFICATION Tothe best ofmyknowledge and belief,the information submitted iotrue and correct and the document has been duly authorized for submittal bythe governing agency. | 0/201O (CityNAlegetTown Officer Authorized toSign Application) (mate-mldlyy)City of Oshkosh | | City Manager,Mark ARoh|off (Title) Please submityour application in quadruplicate in stapled format(notspiral bound, no binders). � . , TEA GRANT APPLICATION (continued) Wisconsin Department of Transportation PART 1: SCREENING INFORMATION NO CHANGE |3. ELIGIBILITY CRITERIA(Check only those that apply.): � A. The new business development will definitely occur within 3years ifthe transportation improvement is completed. p�\ B. The new business development is not primarily retail, an eating or drinking establishment, a recreation orentertainment facility, orhobeKmobai C. The new business development does not primarily involvetransfer of business from other parts of the state. P�l D. Applicant(s)will comply with all federal and state laws and local ordinances as they relate to the | development and use ufthe transportation facility development. � E. Community acknowledges its willingness to sign a Job Guarantee with WisDOT. The actual ' Guarantee can be signed later.A copy of a Job Guarantee with the language we currently use is � attached. The Community may elect to adopt a like guarantee with the business(es). F-] F. (if applicable)The Ioa�improvement vviUbeunder local government juriodicUon. vviUbaopen tVthe public, and all municipalities concur in the project where more than one jurisdiction is involved. G� (If applicable)The rail improvement will either be under the jurisdiction of a public authority, or � businesses or persons other than the TEA application business(es)may use the improvement. � � | 4. ELIGIBILITY DOCUMENTATION NO CHANGE | From the omnmnnunby(ieo):Awritten statement detailing � why it is not able to fund 100% of the proposed transportation improvement and what alternate sources offunding have been explored. � Note: General Obligation (G.O.) borrowing capacity and remaining G.O. capacity should be given, � eeshould details onany Tax Incremental Financing involved. From the bumineoa(aa):/\written statement on company letterhead signed by a company official indicating that it is electing to expand in Wisconsin partially because the TEA eligible improvements are promised and that iteither: (o) Explored expansion alternatives inother states, detailing heir alternatives; or, (b) Will not expand in Wisconsin at all without the proposed transportation improvements. . . . . . . TEA GRANT APPLICATION (continued) Wisconsin Department of Transportation � PART III: EVALUATION DATA- FROM THE COMMUNITY � / �� S. DESCR|PT|{}NDFTHE TF�JNSPDRTATONIK8PROVEK�ENT ^-~~ = � ^^~~~~— The City ofOshkosh, along with Wisconsin and Southern Railroad, are proposing hnrelocate anexisting loading platform and catwalk mainly utilized by Oshkosh Corporation to transport military vehicles. The loading facility is � currently located near a residential neighborhood and will be moved to the city's Southwest Industrial Park which will / give Oshkosh Corporation twenty-four hour access to the site which is currently not permitted at the existing location. The transload facility will consist of two rail spurs on city-owned land with an access road to the public street. One spur / will be solely dedicated to Oshkosh Corporation and their outbound shipments and the other rail spur will be utilized by any business wishing totransport through the transload facility. The City of Oshkosh will enter into a lease agreement | with Watco's Terminal and Port Services to operate and maintain the facility and coordinate all logistics of shipping for � the businesses. �� 6. JUSTIFICATION FOR THEPROP{>SEDTRANSPORTATION |K4PROVEK�ENT ^~~~ ~~, = `^~=~"— The new tuano|oedfacility imamuch-needed addition tuthe City's Southwest Industrial Park. The existing location near � a residential neighborhood has proven to be inadequte for Oshkosh Corporation's needs and disruptive for � neighborhood residents nearby.The new facility inthe Southwest Industrial Park will give Oshkosh Corporation twenty- four huuracoeeahothefaci|ihyandvviUaUmwthemtVbec|ooerhotheirfaui|itieo. � |naddition toOshkosh Corporation utilizing the new facility, itwas determined that additional businesses inthe � northeast Wisconsin region would benefit from a regional transload facility. The facility would give businesses not | located on a rail spur the option to ship via rail or truck, or both. Additionally, having rail access via the Wisconsin & Southern Railroad enables local businesses access to every single North American Class I Railroad. This would also � give businesses with existing rail access the option to choose rail carriers, and build a fully customized Supply Chain Solution which provides more competitive transportation costs. The transload facility is expected to have a positive � economic impact inthe region and the businesses that choose toutilize it. | Demonstrating there is a regional need for a full-service transload facility; Watco has already secured an "anchor" tenant in addition to Oshkosh Corporation who is committed to utilizing the facility long term with potential for growth. This investment will require Watco to hire six full time employees immediately to fullfill the demands of the business's shipping needs. As nationwide trucking costs rise due to driver shortages, shipping via rail will be viewed favorably among businesses looking tusave money. In Oshkosh Corporation's situation, the US Government requires Oshkosh Corporation to use the most cost effective shipping method available for all US Department of Defense contracts. This in turn makes the transloading facility in Oshkosh a very valuable asset that the City can use as an economic development tool to attract and retain businesses tothe area. 7. ACOST ESTIMATE OFTHE TRANSPORTATION IMPROVEMENT REVISED (please attach), including amount of materials and unit prices. Eligible cost items are: design engineering, environmental testing and remedisdion, real estate(purchase price ofthat portion under the right-of-wayon|y). relocation of residence and business (if applicable), construction, reconstruction (if applicable), utility relocation (if applicable), and construction engineering &contingencies (15%). Note: Connecting railroad costs should also be included on rail spur projects. Please see attached budget. 8. APROPOSED TYPICAL CROSS-SECTION for oroad transportation improvement AND/OR aTRACK LAYOUT DRAWING for arail transportation improvement(please attooh). REVISED Please see attached cross section and track layout drawing. S. AN 8 1/2" x 11" SITE PLAN, preferably color coded, plotting: planned business expansion; proposed transportation ��"�U�� improvements; and, area network of roads and rail lines, out to the closest major highway. . ~,_ ~ ,~~._,~ . . Please see attached site plan. ��U�� 1O. COST OFRELATED TEA INELIGIBLE INFRASTRUCTURE " ~^— ~ ^~�~—~ ! (i.o.. sanitary sewer, water, electric, gas extensions tothe new p|anU. Electrical service for a work trailer will cost approximetley$1,000. Cost of the scale, scale house and bumper posts are$1G1'25O. Lighting will cost mpproximet|y$12O.O0U. 11. FUNDING SOURCES: Include amount requested from TEA,the matching funds, and in-kind services: REVISED SOURCE AMOUNT FORM(Cash,Land,Services) City of Oshkosh $433,000 Cash, land, and services WATCO $673,231.40 Cash and services Oshkosh Corporation $60,000 Cash � Wisconsin DOT TEA $1,008,266 Cash � 12. SCHEDULE FOR TRANSPORTATION IMPROVEMENT AND BUSINESS DEVELOPMENT REVUSED (ie, commence month/year and complete month/year yortotl) | The construction of the transload facility will start in October of 2016 and be completed in December of 2016. if not able to start in the fall, construction will start in the spring of 2017 and be completed in the summer of 2017. � . ` . . TEA GRANT APPLICATION (continued) Wisconsin Department of Transportation PART III: EVALUATION DATA- FROM THE BUSINESS(ES) ��0�� 13. DESCRIPTION OFTHE BUSINESS IK8PROVEK8ENT: ^ ^~-� "=^-^~ ESTIMATED COST 10 acres, price is A. Land (Acreage orsq. hj $35000acn* $35000000 � ! B. Building(e) (Type&sq.fL) C. Machinery& equipment([ype) D. Other capital costs Catwalk, rail spuroonaincdon S211449740 E. Total Capital Investment $2.464.497.40 14. A MAP, SITE PLAN, OR SCHEMATIC of the proposed business expansion identifying expansion phases (if eppnopriote);the nearby transportation improvement nequueted; and. truck. auto. andnai| (ifappropriate)aoceou points tothe new plant. NO CHANGE Not applicable cdthis time. 15. AN OPERATIONAL EXPLANATION of WHY the proposed TRANSPORTATION IMPROVEMENTS areNEEDED by the business. NO CHANGE The proposed transload facility will offer Oshkosh Corporation the option of twenty four hour access to the loading facility,giving them the ability of shipping govern ment-owned vehicles on demand. Since the vehicles are owned by the US Government, the government has control in when the deliveries should take place and how they're transported. The new transload facility will be a key component in transporting the vehicles in the future and will hopefully be an asset to Oshkosh Corporation when they're competing for other governement contracts. The City views the transload facility as a way for Oshkosh Corpration and other businesses that utilize itaoetool tokeep costs down and remain competitive in the marketplace. 16. The EXPECTED DAILY INITIAL and PROJECTED VOLUME of AUTOS and TRUCK/TRAILERS entering and exiting the newfaci|ity. REMSED Initially, the transload facility will generate six(6)cars per day and twenty four(24)truck/trailers based on five (5) days a week. The projected daily volume based on five(5)days a week will be ten (110)cars per day and forty(4O)truck/trailers perday. Currently in the tempoary location with one customer, Watco has been doing 37 autos/month that get loaded onto railcars (12oane/nonth.) It is projected that with the Oshkosh Corporation JLTV contract, that the volume will increase to 140 autos/month (35oarn/mon(h.) 17. NUMBER OFJOBS AND AVERAGE WAGE, not includinci fringe benefits, for each type ofjob created orretained by this business development. REMED Major Standard Industrial Classification Code(SIC) = urNA|CS coda) C_-..� C . ^ . . . TEA GRANT APPLICATION (continued) Wisconsin Department of Transportation � 18 �F�HEJOBGL|8TEO |N#17 ho�manyanaduabz | ' ��U�� (Total ehoukjequal the number ofjobs repo�edin#17j ^ ^~— ~ ^~~^—^~ � NEW FACILITY EXPANSION ANOTHER STATE RETENTION 19. BACKGROUND information ONthe COK8PANY(IES)AND the nature ofits BUSINESS. � (Acompany brochure might beappropriate herej NO CHANGE Please see attached brochure. 20. What is the PRINCIPAL GEOGRAPHIC MARKET AREA for the GOODS or SERVICES produced by the business(es)? NO CHANGE Oshkosh Corporation serves the domestic and international market. 21. Who (what firms) are the MAJOR COMPETITORS of the business(es)?WHERE are they LOCATED (city and state)? Please list ALL Wisconsin competitors and their locations. NO CF.-JANGE [ienana|Dynamics inAnniston,Alabama; Navistar in Lisle, Illinois; Lockheed Martin in Camden,Alabama; and AM General inMishawaka,Indiana. 22. FINANCIAL INFORMATION necessary TO ASSESS FINANCIAL SOUNDNESS of the new business development and the likelihood ofcontinued operationo/emp|oyment NO UJANGE A. For an existing business: 1) THREE YEARS OFatleast compilation-quality PROFIT AND LOSS STATEMENTS AND BALANCE SHEETS. (There are three levels of rigor for accounting reports. They are, in descending order of reliability: audit, review, and compilation quality. Although audit quality reports are clearly more definitive in determining financial soundness, an applicant may submit reviews or compilations if audited reports are not available. Submission of these reports may, however, limit our ability to determine the financial soundness ofthe businesses associated with the opp|iocdion.) 2) Evidence of the availability of financing to complete the proposed business development; 3) |FSOLE PROPRIETORSHIPS ORFAMILY-OWNED BUSINESSES are involved, PERSONAL FINANCIAL STATEMENTS are required. B. IF the Pro4ect involves A BUSINESS STARTUP, OR a business that has been MARGINALLY PROFITABLE OR has shown declining sales or Profitability: 1) Abusiness plan; 2) Resumes ofkey management personnel; 3) A minimum of three years of financial pro formas prepared or compiled by an independent CPA with all assumptions stated; 4> Basis for sales forecasts;and 5) Projection ofmonth|yceohflow for the first year ofoperations. �� 23. DATA FOR calculating PROJECTBENEF|T/CDST FA�'|D ( : ^^~~ ~�^ ^" ^"~~~~— A. Typical loadings in tons/carload and the annual volume ofmaterials railed toand from the new plant. B. Typical loadings in pounds/truckload and the annual volume of raw materials that would have to be trucked to and from the new plant(assume the ridiculous here) if the rail spur is not built. C. Estimated annual railroad and truck freight rates for the volume in A and B above. O. Additional costs, not reflected infreight rates for: tnonu|nading, cross-docking, storage, loss and damage, etc., ifthe roi|opurionot built (mgain. assume the ridiculous here) � Exhibit C Funding Sources SOURCE AMOUNT FORM (Cash, Land,Services) City of Oshkosh $433,000 Cash, land, and services Watco Companies LLC $673, 231 Cash and services WisDOT TEA Grant $1,008,266 Cash TOTAL $2,114,497 om 'sA Af, ................. I.......... 'v3s, IT "Ill NUT-", V, ME ski 11F AM '41