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HomeMy WebLinkAbout08. 19-293 MAY 28, 2019 19-293 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT FOR SALE OF SOUTHWEST INDUSTRIAL PARK LAND TO ILLINOIS CEMENT COMPANY, LLC ($205,765) INITIATED BY: COMMUNITY DEVELOPMENT WHEREAS the City of Oshkosh received a proposal from Illinois Cement Company, LLC to purchase Lot 2 of CSM 7469, generally located south of Transit Drive, west of Global Parkway and north of the Wisconsin Southern Railroad within the Southwest Industrial Park, for $205,765.00; and WHEREAS, 5.879 acres is being sold for $35,000 per acre for a sale price of $205,765.00; and NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the above offer for Lot 2 of CSM 7469, per the attached map, in the Southwest Industrial Park, is hereby approved and the proper City officials are hereby authorized and directed to execute any and all documents necessary to transfer said property to Illinois Cement Company. Exhibit A k�X 00 Co 2 i� ogH �� 4ym t3 o It0.> o u a v mJ co� H a mciqq r cS� CC �(�� W `tff�n �.u.- „o�y �■ mm.❑m ms � 2W�}� n' !V,1 qua OR ■ b b N ¢)' {�_lim p7CH 4^ i� fl u� wa2'N � ULLi 2 w� a: Q C v w •�,• H-tv i " P�� c yw ZltrIK Q mjLL 4 2lo 0 ta«a c c z UN . w111 _ O ° � gr8 �o n o W ° 3 ur°•y iaa 3 u -� _ 'c ��N� y$g ft Q Z�m `n�0 LL 0 ° •-P" W � aXn� m20 I t l o 0 v v I 1 O o a � zj. a y a pr- mp iJ ppY W 4 Z 3 moms U 1 Ob K i •� O.Xol x w o i t� ao v rn > $ Wa it` YR O "N'v\' V m "'•\\ z Q of K \\ cod m `{ •4 •'s \ �; w ,l w� WtIII � ;�1Jpoa Qr :�Z �I �Nm Lj l� w a \\ of 9V009 R-60=00N I \ Capture v rn nc,•, City of Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Kelly Nieforth Economic Development Services Manager DATE: May 22, 2019 RE: Approve Agreement for Sale of Southwest Industrial Park Land to Illinois Cement Company, LLC ($205,765) BACKGROUND The City has received an offer from Illinois Cement Company, for the parcel of land located south of Transit Drive, west of Compass Way, and north of the Wisconsin & Southern Railroad mainline, located in the Southwest Industrial Park. The lot is 5.879 acres in size and listed for$35,000 per acre. The buyer's offer of$205,765 meets the City's price for all 5.879 acres. The applicant will construct a distribution center that heavily utilizes rail. The applicant will construct multiple rail spurs off of the mainline and may utilize the transload terminal that the City owns. ANALYSIS Illinois Cement Company, LLC is an existing business with over a dozen locations in the Midwest. The company is an industry leader in the production of Portland cement. The facility in Oshkosh will be for the distribution of Portland cement and not production. They are proposing to invest approximately$15 million dollars of initial investment and create 4 full time jobs right away. The product that will be shipped through the Oshkosh facility is used frequently in construction projects and could potentially have a positive economic impact on area construction projects and city contracts. The proposed use of distribution meets City zoning requirements and the applicant will be required to comply with all site plan, zoning and building codes. The applicant is proposing to start constructing the improvements in 2019 and will start operating on site in 2020. FISCAL IMPACT The City will receive the entire purchase price of$205,765 to pay back the Industrial Park Fund. The vacant land is currently owned by the City and the sale of the land would result in a property value increase in TIF#23. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The City Council approves the land sale for$205,765 to Illinois Cement Company, LLC. Respectfully Submitted, Approved: /Kelly�Nief2l a Mark Rohloff Economic Development Services Manager City Manager City Hall,215 Church Avenue P.O.Box ll3O Oshkosh,Wl 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us AGREEMENT FOR SALE AND PURCHASE OF VACANT REAL PROPERTY THIS AGREEMENT FOR SALE AND PURCHASE OF VACANT REAL PROPERTY (the "Agreement") is made and entered into on 2019 (the "Effective Date"), by and between City of Oshkosh" a Wisconsin municipal corporation with offices at 215 Church Avenue, Oshkosh, Wisconsin ("Seller" or the "City"), and Illinois Cement Company LLC, a Delaware limited liability company, with offices at P.O. Box 442, 1601 Rockwell Road, LaSalle, Illinois 61301-0442 ("Buyer"). INTRODUCTION The City has invested significant taxpayer funds to create various industrial and business parks and install public infrastructure that will make it conducive for businesses to locate within these areas so that this business location will be beneficial to the business while adding to the City's tax base and allowing the taxpayers to recoup their investment. The Buyer has identified a parcel in one of these industrial or business parks in which Buyer believes it would be beneficial to develop and operate a business. Therefore, the City and Buyer are entering into this Agreement regarding the sale of Real Property to identify the terms and conditions of the sale and purchase. AGREEMENT The City and the Buyer enter into this Agreement in consideration of the mutual promises, covenants and conditions herein contained and other good and valuable consideration. Both parties acknowledge the receipt and sufficiency of the consideration. The specific terms and conditions of the parties' Agreement follow. 1. Sale Agreement. The City hereby agrees to sell to Buyer, and Buyer agrees to purchase from the City, subject to all of the terms and conditions of this Agreement, a parcel of vacant land located in the "Southwest Industrial Park". The Southwest Industrial Park has been subdivided in accordance with that 1 certain Certified Survey Map No. 7469, recorded with the Register of Deeds of Winnebago County, Wisconsin as Document Number 8493417, and the property of land subject to this Agreement is "Lot 2" as set forth on the Certified Survey Map (the "Real Property"). 2. Deed and Title. Upon payment of the purchase price, the City shall convey merchantable title to the Real Property to Buyer by general warranty deed free and clear of all liens and encumbrances, except: 2.1 Municipal and zoning ordinances and agreements entered into under them; 2.2 Recorded easements and other restrictions of record; 2.3 Recorded building and use restrictions and covenants; 2.4 General taxes levied in the year of closing; 2.5 Dedications or rights of way; and, 2.6 Title exceptions which have been accepted or waived by Buyer in writing. 3. Real Property. The Real Property to be conveyed is within the City of Oshkosh, Winnebago County, Wisconsin, and is more particularly described in Exhibit A, attached. 4. Purchase Price. The Purchase Price of the Real Property shall be$205,765 ($35,000 per gross acre X 5.879 acres). The Purchase Price is due in cash or its equivalent at Closing in accordance with Paragraph 11 below. 5. Earnest Money Deposit. The City requires that the Buyer tender Earnest Money to the City for all offers to purchase. 5.1 The Earnest Money must be tendered within five (5) business days after the execution of this Agreement by the parties. 5.2 The City`s Earnest Money schedule requires $500.00 per gross acre, up to a maximum of $5000.00. Based on the foregoing, the amount 2 of Earnest Money required hereunder is $2,939.50. 5.3 Earnest Money shall be held in a City account. The City has no obligation to deposit the Earnest Money in an interest bearing account. 5.4 Earnest Money is non-refundable except upon default by the City. For purposes of clarification, Earnest Money is non-refundable even if the Buyer otherwise exercises its right to cancel the transaction as allowed by this Agreement. 5.5 If the transaction fails to close, and the transaction closing will not be rescheduled, due to a default by the City, then the Earnest Money shall be returned to the Buyer, 5.6 When the transaction closes, the Earnest Money shall be credited towards the Purchase Price. 6. Buyer's Right to Cancel. Buyer's obligation to purchase the Real Property is subject to the following terms and conditions. The Buyer shall retain the discretion to determine whether conditions have been satisfied, subject to the limitations set forth therein. The Buyer may agree to waive one or more conditions in writing. 6.1 Title Commitment and Policy. The Buyer is entitled to review and approve of a Title Commitment and Title Policy for the Real Property. 6.1.1 Buyer, at its expense, shall obtain a Title Insurance Commitment, ALTA Form dated no earlier than the recorded date of the above-referenced Certified Survey Map issued by Chicago Title Insurance Company (the "Title Insurer"). 6.1.1.1 Buyer will provide the City with a copy of the Title Insurance Commitment within fifteen (15) 3 days following the date hereof (the "Commitment Notice Date"), 6.1.1.2 Buyer will notify the City in writing of any objections to any condition of title not acceptable to Buyer on or before the Commitment Notice Date. 6.1.1.3 The City will notify the Buyer in writing within two (2) business days after receipt of the objections whether or not the City intends to make efforts to eliminate the title defect or otherwise resolve the Buyer's objections. The City retains the sole discretion to attempt, or to not attempt, resolution of objections to any condition of title and shall not be obligated to incur any expenditures to resolve such objections. If the City elects to attempt to resolve the condition. of title and condition of title is not corrected within thirty (30) days, Buyer may, at its option, (1) declare its obligation to purchase the Real Property to be null and void; or (2) elect to accept title in the condition as the City can convey and proceed to closing without abatement of the purchase price. 6.1.2 The Title Insurance Commitment shall indicate that an owner's policy in the amount of the Purchase Price ensuring that title to the Real Property is in the condition 4 called for in this Agreement. The City shall request that the Title Company issue the policy in a timely manner. However, the actual issuance of the final policy to the buyer will be issued by the Title Company according to its procedures. 6.1.3 The owner's policy shall be subject only to restrictions or encumbrances described in this Agreement, or to those restrictions or encumbrances approved in writing by the Buyer. The City agrees to timely respond to reasonable requests for documents from the City that are intended to resolve title issues or questions. 6.1.4 The premium for the owner's policy shall be paid by the City before or at closing. However, Buyer shall pay all costs of providing title evidence required by Buyer's lender, if any. 6.1.5 Actual conveyance of the Real Property and issuance of the owner's policy as contemplated herein shall be deemed the acceptance by the Buyer of the condition of the title as of the date of closing. 6.2 Inspection. Buyer, as well as Buyer's employees, agents, and representatives shall have the right to enter the Real Property and undertake any tests or inspections of the Real Property at Buyer's discretion for a period of 60 days following the date hereof (the "Inspection Period"); provided, however, Buyer shall have the right to notify the City prior to such date that it has completed its inspections and is waiving any remaining Inspection Period. To the extent not yet completed, Buyer may elect to complete an 5 environmental assessment of the Real Property. 6.2.1 All tests and inspections shall be at Buyer's sole cost, expense, and risk. 6,2.2 If the scope of any investigation on the Real Property is beyond completing an environmental assessment of the Real Property, Buyer shall be required to provide the City with a summary of the inspection and/or testing to be completed on the Real Property prior to so completing such investigation. The purpose of this disclosure is not to limit inspection and/or testing, The purpose is to allow the City to evaluate the potential activity on the Real Property and may, at its discretion in certain circumstances, require a separate written access agreement. The City's requirement for a separate access agreement will be based on the time frame and/or invasiveness of inspection and/or testing activities. This obligation of Buyer to deliver documentation to the City regarding any objection or defect discovered by Buyer shall survive the Closing. 6.2.3 Buyer shall provide the City with advanced request to enter on to the Real Property. The City shall not unreasonably deny the request to access the Real Property. Access shall be allowed at any reasonable time during the City's normal administrative business hours. 6.2.4 Buyer is responsible for all damages and liabilities occurring during the course of its inspection and testing of the Real Property, but only to the extent that the damages 6 and liabilities are caused by Buyer, Buyer's employees, agents, and representatives, including contractors and consultants. Buyer shall immediately notify the City of any incident occurring on the Real Property that it is aware of that may reasonably be considered to result in any damage to the Real Property or to third persons, Upon request, the City shall be provided with documentation related to such incidents. If prior to the expiration of the Inspection Period, the Real Property requires maintenance (such as grass cutting), Buyer shall perform such maintenance in a timely manner at its sole cost and expense. Buyer shall perform such maintenance and repairs at its sole cost and expense. 6.2.5 In the event that the Buyer elects to terminate its obligation to purchase the Real Property, Buyer shall provide notice to the City on or prior to the expiration of the Inspection Period. Upon the termination or expiration of its obligation to purchase the Real Property, the Buyer shall return the Real Property to a condition that is substantially similar to its condition at the beginning of the Investigation Period. Buyer shall perform such maintenance and repairs at its sole cost and expense. 6.3 Remedies. If any condition precedent set forth in Section 6.1 is not met, Buyer may: 6.3.1 Notify the City in writing of the failure of a condition precedent and of the Buyer's resulting election to terminate its obligation to purchase the Real Property. 7 6.3.2 Buyer's purchase of the Real Property will be interpreted as an acknowledgement that all conditions precedent have been met or accepted, and as Buyer's acceptance of the Real Property in an "as-is, where-is" condition, including the title, and environmental and physical condition. 7. Condition Precedent to the City's Obligations. The City's obligations under this Agreement shall be subject to the following condition precedent being satisfied to the satisfaction of the City (or waived by the City in writing): receipt and approval of a preliminary site and building plan from Buyer prior to Closing. The City shall respond to Buyer within 15 days from its receipt of the preliminary site and building plan as to whether it approves such plan(thereby waiving this condition) or whether there are any specific objections or notifications required to the preliminary site and building plan in order for Buyer to obtain such approval. It is understood that the City's approval or consent to any preliminary plans are solely for the purpose of reviewing this particular condition for this particular contractual purpose. Such approval or consent does not exempt Buyer from other development standards or requirements, or guaranty or warranty other City approvals that are required, including the approval of final plans for issues, without limitation, zoning, building code, storm water, or other requirements of the municipal code or of the requirements of any Board or Commission or Council. If Buyer opts not to make such revisions to the preliminary site and building plan, the City may either waive such condition in writing or it may notify Buyer in writing that the City has elected not to move forward with the transaction. If the City decides to cease moving forward with the transaction, the City shall have no obligations to the Buyer arising either before or after this decision. 8. Infrastructure Plans. As set forth on the Certified Survey Map and as approved by the City's Common Council, the City is intending on performing certain 8 infrastructure improvements for the benefit of the Real Property, including the construction of the Compass Way and Transit Drive and the installation of available utilities for the Real Property, The City has applied for a grant in connection with the proposed infrastructure improvements set forth on the Certified Survey Map but has also allocated funds for certain roadway improvements on a lesser scale if the grant is not obtained. 9. Environmental Audit. The City makes no representation or warranties with respect to any environmental condition or any Hazardous Materials which may be contained on, in, or affecting the Real Property. The City is selling the Real Property in an "as is, where is" condition in all respects, including all environmental conditions. 10. Property Condition, The City has not conducted any geotechnical investigation at the Real Property to determine if it contains old building foundations, rubble, underground obstructions, and/or debris from prior buildings or structures or rises of the Real Property that may have been abandoned, demolished, and/or otherwise removed. Buyer agrees to accept the Real Property "as is,where is" and is solely responsible for conducting its own geotechnical investigation to determine the soil bearing capacity and for all site excavation, debris removal, fill, and development expenses. The City shall provide all information regarding the condition of the Real Property in its possession within five (5) days from the date hereof. 11. Closing. The purchase of the Real Property shall be consummated as follows: 11.1 Closing Date. The closing of the transaction contemplated in this Agreement shall be on or before fifteen (15) days following the expiration or earlier waiver of the Inspection Period (the "Closing Date"), or as soon as practicable after consultation between the parties in the event the City attempts to remedy any title defects, at 9 such place, date and time as shall be mutually agreeable to the parties hereto. Closing shall, at either party's option,be through an escrow (the "Closing Escrow") established with the Title Insurer, as escrowee. The Closing Escrow instructions shall be in the form customarily used by the Title Insurer with respect to deed and money escrows, with such special provisions as may be required (i) to conform to the provisions of this Agreement, and (ii) if available, to provide for immediate disbursement of funds to the City upon the delivery of the Title Policy to Buyer. The Closing Escrow shall be auxiliary to this Agreement, and this Agreement shall not be merged into, nor in any manner superseded by, the Closing Escrow. The Closing Escrow costs and fees shall be equally divided between the City and Buyer. 11.2 The City's Deliveries and Responsibilities. At Closing, the City shall deliver to Buyer (via the escrowee, if applicable) the following: 11.2.1 Deed. An executed general warranty deed to the Real Property prepared by the City and in a form reasonably acceptable to Buyer. 11.2.2 Title Policy. The Title Insurance Policy described in this Agreement. 11.2.3 Alta Statement. An executed Alta Statement in the form required by the Title Insurer. 11.2.4 Other Documents. Other documents, instruments, certifications and confirmations as may be reasonably required by City, Buyer, or the Title Insurer to fully effect and consummate the transaction as contemplated herein. 11.2.5 Possession. Sole and exclusive possession of the Real 10 Property. 11.3 Closing Costs. The City shall pay costs of closing, including real estate transfer fee, recording fee and title insurance costs, 11.4 Special Assessments, The City will pay any unpaid special assessments levied against the Real Property as of the date this Agreement was approved by the City's Common Council. Buyer is responsible for all special assessments levied against the Real Property after the date this Agreement was approved by the City's Common Council. 11.5 Buyer's Deliveries and Responsibilities. At Closing, Buyer shall deliver to the City (via the escrowee, if applicable) the following: 11.5.1 The Purchase Price in the amount and form as described in this Agreement. 11.5.2 If required by the Title Insurer, an Alta Statement in the form required by the Title Insurer. 11.5.3 Other documents, instruments, certifications and confirmations as may be reasonably required by Seller or the Title Insurer to fully effect and consummate the transaction. Buyer shall be required to provide: 11.5.3.1 Corporate resolution authorizing the acquisition of the Real Property; 11.5.3.2 Documentation verifying the authority of the person or persons authorized to sign documents on behalf of the Buyer; 11-5.3.3 Articles of Incorporation / Organization; and, 11.5.3.4 Federal employee tax identification 11 number 11.6 Joint Deliveries. At Closing, the City and Buyer shall jointly deliver to each other the following: 11.6.1 Closing Statement. An agreed upon closing statement. 11.6.2 Transfer Tax Filings. Executed documents complying with the provisions of all federal, state, county and local law applicable to the determination of transfer taxes. 12. The City's Representations, Warranties and Covenants In addition to the other representations, covenants and warranties by the City herein, the City hereby represents, covenants, and warrants that as of the date hereof, which representations, covenants and warranties shall be true and correct as of the Closing Date: 12.1, Ownership. The City is the sole owner of and has good and merchantable fee simple title to the Real Property, free and clear of all liens, encumbrances, easements, covenants, and other restrictions except those of record. 12.2 Liens and Liabilities. Except for those of record, the Real Property is not subject to any liens, encumbrances, security interests, liabilities, covenants, restrictions, dedications, rights-of-way, leases or judgments of any kind whatsoever. 12.3 Leases. No other persons are in possession of the Real Property under any oral or written lease. 12.4 Encroachments. No improvements upon the Real Property encroach upon adjoining real estate,nor do any improvements upon adjoining real estate encroach upon the Real Property. 12.5 Special Assessments. To the City's knowledge on the date of this Agreement, to be confirmed by the Closing letter from the City of 12 Oshkosh, there are no special assessments levied against the Real Property. 12.6 Corporate Authority. The City is a Municipal Corporation authorized to operate through the laws of the State of Wisconsin. The City has the full power, authority and legal right to execute, deliver and perform its obligations under this Agreement. 13. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be an original, and the counterparts together shall constitute one and the same instrument. 14. No Merger. No provision of this Agreement is intended to or shall be merged by reason of any deed transferring title to the Real Property from the City to Buyer, or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. 15. Assigns. Buyer may assign its interests in this Agreement with the permission of the City. The City's permission shall not be unreasonably withheld. In the event of an assignment, the Buyer shall provide the City with documentation of the assignment to the City's reasonable satisfaction. 16. Public Records. This Agreement and certain documents relating to this Agreement and intended transaction are, or may be, subject to Wisconsin's Public Records law (Wis. Stat. Chapter 19) that includes records produced or collected hereunder. Buyer agrees to cooperate with the City if it receives a request under Wisconsin's Public Records Law for any such record. In the event Buyer assigns its interests in this Agreement, in addition to any other Buyer obligation that may survive the assignment, Buyer shall remain obligated to the City for all public records issues. 17. Use of Records. The City will provide certain documents and records to the Buyer as required by this Agreement or Public Records laws, or voluntarily. These 13 documents and records may originate from the City,or from third-parties and may be pertain to environmental or other conditions of the Real Property. 17.1 Regarding documents and records originating in whole or in part from third-parties, the City will only guaranty or warranty that true and correct copies are provided. 17.2 Regarding documents and records that originate from the City but are based in. whole or in part on information obtained from tl-drd- parties, the City will only guaranty or warranty that true and correct copies are provided. 17.3 Regarding documents and records that originate from the City and are based on investigations and date from the City, the City states that these documents and records were created for various purposes in carrying out an obligation of the City as a governmental entity. Therefore, use of these documents and records are necessarily limited and the City does not guaranty or warrant that the information therein can be relied upon for any particular purpose by the Buyer. 17.4 In all cases, it is solely the Buyer's responsibility to independently test and verify the information identified in any documents and records provided to the Buyer by the City. 18. Broker. The City has not retained, utilized, or entered into any agency agreement with any real estate agent, broker, or other such professional, related to this transaction. The Buyer may or may not retain, utilize, or enter into an agency or other agreement with a real estate agent, broker, or other such professional. In the event the Buyer has utilized any such real estate professional for the purposes of this transaction, Buyer remains solely responsible for any commission, fees, payment, or other obligation due to the real estate professional. The City shall in 14 no case be obligated or responsible for any of these or similar transaction costs. Buyer shall hold the City harmless for any claims against the City by any aforementioned real estate professional retained by Buyer, for any claims for fees, commissions, or other payments resulting from this transaction. Buyer shall fully indemnify the City for any claims made against the City by any real estate professional contracted, engaged, or affiliated with the Buyer. 19. Severability. If any terns or provision of this Agreement shall be held to be void or unenforceable for any reason by a court of competent jurisdiction, the remaining terms and provisions hereof shall remain in effect. 20. Binding Effect. The provisions of this Agreement shall bind the parties and each party`s heirs, successors, and assigns. 21. Amendment and Waiver. This Agreement may be amended at any time in any respect only by an instrument in writing executed by the City and Buyer. Either party may waive any requirement to be performed by the other hereunder, provided that said waiver shall be in writing and executed by the party waiving the requirement. 22. Integrated Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. The parties acknowledge that prior to this Agreement information was exchanged between the parties about the Real Property either verbally, via email or otherwise communicated. None of the aforementioned information, agreements, or inferred agreements are part of this Sale and Purchase Agreement unless it is included herein. No promises or understandings, either expressed or implied, exist between the parties with respect to the subject matter of this Agreement except as contained herein. This Agreement supersedes all representations, warranties, commitments, offers, promises, or contracts, of any kind or nature, whether oral or written, made prior to or contemporaneous with the execution of this Agreement. 15 23. Choice of Law. The laws of Wisconsin shall govern the validity of this Agreement, the construction of its terms and interpretation of the rights and duties of Buyer and the City. The venue for the resolution of any dispute shall be Winnebago County, Wisconsin, 24. Notices. Any notices or demands to be given by or on behalf of either party, whether or not required by this Agreement, to the other, shall be delivered by personal service, by mail, postage prepaid, registered or certified, with return receipt requested,or by email to the parties at the addresses listed below. Changes of contact information shall be promptly disclosed. Notice is considered received: 1) on date of personal service; or, 2) three days from the date of the postmark if by mail; or, 3) the date received if for email, except those received after 4:30 p.m. on a business day, or received on a weekend or holiday, in which case receipt shall be the next business day. The City: City of Oshkosh Attn: AIlen Davis 215 Church Avenue Oshkosh, WI 54901 Phone: 920.236.5055 Email: a davis@ci.oshkosh.wi.us Buyer: Illinois Cement Company LLC P.O. Box 442 1601 Rockwell.Road LaSalle, Illinois 61301 Phone: 815-224412112 x 134 Email: wemmer@illin.oiscement.com 16 IN WITNESS WHEREOF, the parties have caused this Agreement for Sale and Purchase of Vacant Real Property to be executed, as of the day and year first above written. THE CITY: BUYER: CITY OF OSHKOSH ILLINOIS CEMENT COMPANY LLC By: By: VJ 4 H. Allen Davis, III Name:_ 4 Ayn Community Development Director Title: : VP to, /' Opejw G7 -'s 17 EXHIBIT A TO AGREEMENT FOR SALE AND PURCHASE OF VACANT REAL PROPERTY BETWEEN CITY OF OSHKOSH AND CERTIFIED SURVEY MAP & LEGAL DESCRIPTION (on pages following) 18 Exhibit A w k t m C\"����.VOi� S� �\f •., g�r' � a i� •�C7r �j Z ' ��H ��� �a "7�,�-�O O 7'- �H NNU it �n m o mz o c h{.. ��� p [ j r �m E? 4m crab a _�i wt'��?J�+ f�: o�a �o �� ur r�!o•c = j zu1�}� omTt,S•y �.� Kp,_ Equ m o w`C s 1• nw b� ''. LL Q Q f,. 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