HomeMy WebLinkAbout13. 19-331 JUNE 11, 2019 19-331 RESOLUTION
(CARRIED 5-1P LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT FOR SALE OF SOUTHWEST
INDUSTRIAL PARK LAND TO 4IMPRINT, INC. ($285,880.00)
INITIATED BY: COMMUNITY DEVELOPMENT
WHEREAS the City of Oshkosh received a proposal from 4Imprint, Inc. to
purchase 12.38 acres, Lot 1 of CSM 6658, generally located south of Atlas Avenue, east
of Global Parkway and north of Highway 91 within the Southwest Industrial Park, for
$285,880.00; and
WHEREAS, the sale price has been adjusted to reflect on site storm water
improvements made to the entire development site by 4Imprint, Inc. prior to the land
sale; and
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of
Oshkosh that the above offer for Lot 1 of CSM 6658, 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 4Imprint, Inc.
PP11
cit),01416,
Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Kelly Nieforth, Economic Development Services Manager
DATE: June 5, 2019
RE: Approve Agreement for Sale of Southwest Industrial Park Land to
4lmprint, Inc. ($285,880)
BACKGROUND
The City has received an offer from 4lmprint Inc, for a parcel of land located on Atlas
Avenue in the Southwest Industrial Park. The lot is 12.38 acres in size and will be sold
for $285,880. 4lmprint plans to combine their existing parcel at 2875 Atlas Avenue with
the parcel they plan on purchasing to accommodate the infrastructure needed for their
building addition and potentially build a new facility or addition to their existing facility
in the future.
ANALYSIS
4lmprint, Inc. owns a building at 2875 Atlas Avenue and intends to purchase the city-
owned parcel to the west in order to grow their distribution center operations. 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.
FISCAL IMPACT
The City will receive $285,880 to pay back the Industrial Park Fund. The sale of the land
would result in a property value increase in TID#18.
RECOMMENDATION
The City Council approves the land sale for$285,880 to 4lmprint, Inc.
Respectfully Submitted, Approved:
Kelly Nie orth Mar Rohloff
Economic Development Services Manager City Manager
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
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City of Oshkosh maps and data are intended to be used for general identification Ci
purposes only,and the City of Oshkosh assumes no liability for the accuracy of the r.,
information.Those using the information are responsible for verifying accuracy.For Printing Date: 6/5I2019 Oshkosh
full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,WI
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REGISTER'S OFFICE
WINNEBAGO COUNTY,WI
CERITFIED SURt/EY MAP NO. RECORDED ON
FOR 08115/,2012 2,58 Ph7
CHAMCO, INC. v��3ULIEE PPAGve ELbSg
LOT 2, CSM NO, 6402, PART OF LOT 1, CSM NO. 3424, REGISTER OF DEEDSTHE '
SW 1/4 OFATED THESE 1/4,SALL/N SECTIONOF THEs32, AND/T. 18 N.-R. 16 E., RECORDING FEE 30.00
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
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OWNER AND SUBDIVIDER:
CHAMCO INC.
CITY OF OSHKOSH
120 JACKSON STREET
OSHKOSH, WI 54901
SURVEYOR:
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S.TH '91 REVISED JULY 31, 2012
SECTION 5-17-16 S. LINE-SE 1/4-SEC. 32-17-16
(SURVEY NAIL FOUND) PROJECT NUMBER: 9.4572
CERTIFIED SURVEY MAP NO. S O
LOT 2,CSM NO.6402,AND PART OF LOT 1,CSM NO.3424,LOCATED IN
THE SE 1/4 OF THE SE 1/4 AND THE SW 1/4 OF THE SE 114,
ALL 1N SECTION 32,T.18 N.-R.16 E.,
CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN
SURVEYOR'S CERTIFICATE n
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I,Eric R.Otte,Registered Land Surveyor,hereby certify: -n
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That I have surveyed,divided,and mapped a parcel of land described below. •0
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That I have made such Certified Survey by the direction of Chamco,Inc.,bounded and described as
follows: m
Lot 2,Certified Survey Map No.6402,recorded in Volume 1,Page 6402,Certified Survey Maps,
Winnebago County Register of Deeds Office and part of Lot 1,Certified Survey map No.3424,recorded in Volume -D0
1,Page 3424,Certified Survey Maps,Winnebago County Register of Deeds Office,located in the Southwest 1/4 of
the Southeast 114,and the Southeast 114 of the Southeast 1/4,all in Section 32,T.18 N.-R.16 E.,City of
Oshkosh,Winnebago County,Wisconsin,and more particularly described as follows:
Commencing at the Southeast corner of the Southeast 1/4 of said Section 32;thence North 891-28'-16"
West along the South line of the Southeast 114 of said Section 32,1056.15 feet;thence North 00°-44'-24"East,
45,00 feet to the Southwest comer of Lot 1,Certified Survey Map No.6261,recorded in Volume 1,Page 6261,
Certified Survey Maps,Winnebago County Register of Deeds Office and to the point of beginning;thence North
891-28'-16"West along the North right of way line of State Trunk Highway 91,474.26 feet to the Southwest corner
of Lot 2,said Certified Survey Map No.6402;thence North 00 44'-53"East along the West line of said Lot 2,
991.49 feet to a point on the South right of way line of Atlas Avenue;thence North 541-36'-48"East along said
South right of way line,152,62 feet;thence continuing along said South right of way line on a curve to the right
having a radius of 884.00 feet,385.98 feet along curve to a point which is North 67°-07'-19"East,382.92 feet from
last described point and to the Northwest corner of Lot 1,said Certified Survey Map No.6261;thence South 000- O
44'-24"West along the West line of Lot 1,said Certified Survey Map no.6261,1233.13 feet to the point of r
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beginning and containing 12.38 acres(539,129 sq.ft.)of land,more or less.
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That such is a correct representation of all the exterior boundaries of the land surveyed and the
subdivision thereof made.
That I have fully complied with the provisions of Section 236.34 of the Wisconsin Statutes and the
Subdivision Ordinance of the City of Oshkosh in surveying,dividing,and mapping the same.
Eric R.Otte,R.L.S No.b-2440
J.E.Arthur and Associates,Inc.
ERIC R. Fond du Lac,Wisconsin 54935
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S-2440 Dated this 5 N day of
OND DU LAC,
WI moo J 1)LY 2012
Opru alt Project No.9,4572
D.T.Hitsman,Field Asst. fn
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PLAN COMMISSION CERTIFICATE tmn
STATE OF WISCONSIN)
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Deborah Foland Recording Secretary (7)
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purposes only,and the City of Oshkosh assumes no liability for the accuracy of the of
information.Those using the information are responsible for verifying accuracy.For Printing Date: 6/5/2019 Oshkosh
full disclaimer please go to mvw.ei.oshkosh.wi.us/GlSdisclaimer Prepared by:City of Oshkosh,W)
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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 "City"),
and 4imprint, Inc. and/or assigns with offices at 101 Commerce Street, Oshkosh,
Wisconsin ("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 the 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 offers to sell to Buyer, and Buyer agrees to purchase
from the City, subject to all of the terms and conditions of this Agreement, a
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parcel of vacant land located in the Southwest Industrial Park located at 0 Atlas
Avenue (Tax ID 1329210000).
Both Parties Acknowledge Agreement Below:
_X The Real Property will be sold in its current form with its current
boundaries.
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 Recorded Protective Covenants of the Southwest Industrial Park
2.6 Dedications or rights of way; and,
2.7 Title exceptions which have been accepted or waived by the 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 the attached
Exhibit A. Exhibit A will include either the current legal description of the Real
Property to be sold or, in the event the Real Property to be conveyed is part of a
larger parcel to be divided, then Exhibit A will include an agreed upon
description of the resulting Real Property to be conveyed.
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4. Purchase Price. The Purchase Price of the Real Property shall be $321,880.00
($26,000 per gross acre X 12.38 acres). A credit of$36,000.00 to the Buyer, as
agreed upon by the Seller and the Buyer, will be applied to the purchase price.
The Purchase Price is due to the City in cash at Closing.
5. Earnest Money Deposit. The City requires that the Buyer tender Earnest Money
to the City for all offers to purchase.
5.1 The funds must be tendered within five (5) business days after the
terms of this Offer to Purchase are agreed upon by the parties and
approved by the Common Council.
5.2 The City's Earnest Money schedule requires $500.00 per gross acre,
up to a maximum of$5000.00. The Earnest Money amount will be
adjusted for fractional acreages, but will not be adjusted based on
the presence of features or issues, including easements and natural
features, that may otherwise limit the available development area.
Based on the foregoing, the amount of Earnest money required is
$5,000.00.
5.3 Earnest Money will 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 material 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 material default by the City, then the
Earnest Money shall be returned to the Buyer.
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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 conditions precedent. The Buyer shall retain the
discretion to determine whether conditions have been satisfied. The Buyer may
agree to waive one or more conditions in writing.
6.1 Property Boundaries/Encumbrances (If Applicable). In
certain instances, the City shall subdivide a larger parcel into
one or more smaller parcels, and/or add easements or other
encumbrances necessary for the development of the Real
Property and/or of the City's public utilities system, with the
resulting parcel to be conveyed including encumbrances are
in a form that is acceptable to the Buyer.
6.2 Title Commitment and Policv. The Buyer is entitled to
review and approve of a Title Commitment and Policy for
the Real Property.
6.2.1 The City, at its expense, shall furnish and deliver
to Buyer for examination a Title Insurance
Commitment, ALTA Form issued before closing
by Chicago Title Insurance Company.
6.2.1.1 The City will provide the Buyer with a
copy of the Title Insurance Commitment
at least ten (10)business days before the
Closing date.
6.2.1.2 The Buyer will notify the City in writing
of any objections to any condition of
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title not otherwise permitted by this
Agreement within two (2) business days
after receiving the Title Commitment.
6.2.1.3 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.
6.2.2 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 called for in this
Agreement will be issued to the Buyer upon
recording of the warranty deed conveying the
Real Property.
6.2.3 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.
6.2.4 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
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required by Buyer's lender.
6.2.5 In the event the City elects to attempt to resolve
the Buyer's objections, the parties will negotiate a
new closing date in good faith. The City will
thereafter exercise reasonably expeditious efforts
to correct the title condition within 30 days or less.
6.2.6 If the condition of title is not corrected within 30
days, the 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.
6.2.7 Actual conveyance of the Real Property shall be
deemed the acceptance by the Buyer of the
condition of the title as of the date of closing.
6.3 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.
6.3.1 All tests and inspections shall be at Buyer's sole cost,
expense, and risk.
6.3.2 Buyer shall be required to provide the City with a
summary of the inspection and/or testing to be
completed on the Real Property. The purpose of this
disclosure is not to limit inspection and/or testing. The
purpose is to allow the City to evaluate the potential
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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.
6.3.3 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.
6.3.4 Buyer is responsible for all damages and liabilities
occurring during the course of the inspection and testing
the Real Property,but only to the extent that the damages
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.
6.3.5 Buyer shall be responsible for all routine maintenance of
the Real Property during the Inspection Period. Routine
maintenance will normally include, but is not limited to,
mowing grass and cutting weeds in a manner consistent
with the Municipal Code requirements.
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6.3.6 In the event that the Buyer elects to terminate its
obligation to purchase the Real Property, or if the Real
Property is not conveyed to the Buyer within a
reasonable time, then the Buyer is responsible for
returning the Real Property to a condition that is
substantially similar to its condition prior to Buyer's
access to the Real Property.
6.4 Financing. Buyer's obligation to purchase the Real Property shall
be conditioned upon Buyer obtaining loan commitments for land
acquisition, construction loans, and permanent financing for the
business.
6.5 Remedies. If any condition precedent is not met, or if is otherwise
objectionable, the Buyer may:
6.5.1 Notify the City in writing of the failure of a condition
precedent or of an objection and of the Buyer's resulting
election to terminate its obligation to purchase the Real
Property.
6.5.2 If objections or defects of title remain, then the Buyer
may elect to accept the defects and waive exceptions.
6.5.3 If Buyer determines that the condition of the Real
Property (including ingress and egress) is not acceptable
or suitable for Buyer's intended use, Buyer may elect to
request further discussions with the City regarding
possible resolutions of the conditions acceptable to
Buyer.
6.5.4 Buyer's purchase of the Real Property will be interpreted
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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. Conditions Precedent to The City's Obligations. The City's obligations under this
Agreement shall be subject to the following conditions precedent being satisfied
to the satisfaction of the City (or waived by the City in writing):
7.1 Receipt of at least preliminary site and building plans from Buyer
prior to closing.
7.2 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 warranty or guaranty
other City approvals that are required, including the approval of
final plans for issues such as, without limitation, zoning,building
code, storm water, or other requirements of the municipal code or
the requirements of any Board or Commission, or of the Council.
7.3 Receipt of all documentation in the possession of the Buyer, or
agents or representatives, related to any objection or defect in
which the City is attempting to remedy.
7.4 The City's ability to actually remedy title objections of the Buyer
through practical means and within the City's ability to locate
financial resources available for this purpose within the constraints
of the City's budget and objectives.
7.5 In the event any of the City's conditions precedent are not met, the
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City may either waive such conditions in writing, or it may notify
the Buyer in writing of any unresolved condition and of the
resulting decision by the City to not 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. 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. The City shall provide Buyer with all environmental
assessment reports of the Real Property in the City's possession. Buyer will be
provided access necessary to perform its due diligence and evaluation of the
condition of the Real Property.
9. 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
uses 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 upon request.
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10. Closing. The purchase of the Real Property shall be consummated as follows:
10.1 Closing Date. The closing of the transaction contemplated in
this Agreement shall be on or before July 19, 2019 (the
"Closing"), or such other date as may be agreed upon by
Buyer and the City. The Closing shall be held at the offices
of the City or a title company chosen by the City, or such
other location as the parties may mutually agree.
10.2 The City's Deliveries and Responsibilities. At Closing, the
City shall deliver to Buyer the following:
10.2.1 Deed. An executed general warranty deed to the
Real Property prepared by the City and in a form
reasonably acceptable to Buyer.
10.2.2 Title Policy. The Title Insurance Policy described
in this Agreement.
10.2.3 Alta Statement. An executed Alta Statement in the
form required by the Title Insurer.
10.2.4 Other Documents. Other documents, instruments,
certifications and confirmations as may be
reasonably required by Buyer to fully effect and
consummate the transaction.
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10.2.5 Possession. Sole and exclusive possession of the
Real Property.
10.2.6 Closing Costs, The City shall pay costs of closing,
including real estate transfer fee, recording fee and
title insurance costs,
10.2.7 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.
10.3 Buyer's Deliveries and Responsibilities. At Closing, Buyer
shall deliver to the City the following:
10.3.1 Purchase Price. Buyer shall pay to the City in
lawful money of the United States, the Purchase
Price in the amount and form as described in this
Agreement.
10.3.2 Alta Statement. An Alta Statement in the form
required by the Title Insurer.
10.3.3 Other documents, instruments, certifications and
confirmations as may be reasonably required by
Seller to fully effect and consummate the
transaction. Identified below:
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10.3.3.1 Corporate resolution authorizing the
acquisition of the Real Property;
10.3.3.2 Documentation verifying the
authority of the person or persons
authorized to sign documents on
behalf of the Buyer;
10.3.3.3 Articles of Incorporation/
Organization; and,
10.3.3.4 Federal employer tax identification
number.
10.4 Toint Deliveries. At Closing, The City and Buyer shall jointly
deliver to each other the following:
10.4.1 Closing Statement. An agreed upon closing
statement.
10.4.2 Transfer Tax Filings. Executed documents
complying with the provisions of all federal, state,
county and local law applicable to the
determination of transfer taxes.
11. 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 Closing date:
11.1 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.
11.2 Liens and Liabilities. Except for those of record, the Real
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Property is not subject to any liens, encumbrances, security
interests, liabilities, covenants, restrictions, dedications,
rights-of-way, leases or judgments of any kind whatsoever.
11.3 Leases. No other persons are in possession of the Real
Property under any oral or written lease.
11.4 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.
11.5 Special Assessments. To the City's knowledge on the date of
this Agreement, to be confirmed by the Closing by letter
from the City of Oshkosh, there are no special assessments
levied against the Real Property.
11.6 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.
12. 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.
13. 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 the 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.
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14. 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 satisfaction.
15. 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 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.
16. 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 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.
16.1 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.
16.2 Regarding documents and records that originate from the
City but are based in whole or in part on information
obtained from third-parties, the City will only guaranty or
warranty that true and correct copies are provided.
16.3 Regarding documents and records that originate from the
City and are based on investigations and data from the City,
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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.
16.4 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.
17. 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 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.
18. Severability. If any term or provision of this Agreement shall be held to be
void or unenforceable for any reason by a court of competent jurisdiction,
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the remaining terms and provisions hereof shall remain in effect.
19. Binding Effect. The provisions of this Agreement shall bind the parties and
each party's heirs, successors, and assigns.
20. 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.
21. 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.
22. 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.
23. Notices. Any notices or demands to be given by or on behalf of either
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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 facsimile 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 facsimile, 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: Allen Davis
215 Church Avenue
Oshkosh, WI 54901
Phone: 920.236.5055
Fax: 920.236.5053
Email: adavis@ci.oshkosh.wi.us
Buyer: 4imprint, Inc.
Attn: John Lord
101 Commerce Street
Oshkosh, WI 54901
Phone: 920-236-7272
Email: )lord@4imprint.com
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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 4IMPRINT, INC.
By: By:
Y
Mark A. Rohloff, City Manager 3 hu l l SFCV(N 6-,S' C F d .
(name) (title)
By:
Pamela R. Ubrig, City Clerk
Approved:
Lynn A. Lorenson, City Attorney
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Last Updated:June 7,2019
EXHIBIT A
TO AGREEMENT FOR SALE AND PURCHASE OF VACANT REAL PROPERTY
BETWEEN CITY OF OSHKOSH AND 4IMPRINT, INC.
CERTIFIED SURVEY MAP & LEGAL DESCRIPTION
(on pages following)
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Last Updated:June 7,2019
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REGISTER'S OFFICE
WINNEBAGO COUNTY,WI
CERTJfIED SUR1/EY MAP NO. RECORDED ON
FOR 0s/15/209
12 2:so PM�y
CHAMCO, INC. VO�3ULIE PPAGELb�b
LOT 2, CSM NO, 6402, PART OF LOT 1, CSM NO. 3424, REGISTER OF DEEDS
THESW 1/4 OFATED THESE /4,S ALL/N SECTIONOF THES32,/T. 18 N.MR. 16 E., RECORDING FEE30.00
CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN
LEGEND 200 0 200 400 c�
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NORTH POINT REFERENCED TO THE S. LINE-
SE 1/4, SEC11ON 32-18-16 RECORDED AS rn
—N— N89'28'16"W PER COUNTY COORDINATE SYSTEM
OWNER AND SUBDIVIDER:
CHAMCO INC. t
CITY OF OSHKOSH
120 JACKSON STREET
OSHKOSH, WI 54901
SURVEYOR: +
JX ARVM Ann ASS"= M b 2• ATLAS AVENUE
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(SURVEY NAIL FOUND) 'n
N89'24'44"W (N89'27' 9"W) N00'44'24"E
15.21' (N89'27'5 "W) 45.00' SE COR. SE 1/4 N
1\189'28'16"W 474.26' SECTION 32-18-15 z I _ _ _(SURVEY NAIL FOUND)
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JULY 10, 2012 -I
NW COR. NE 1/4 S,TH '91" REVISED JULY 31, 2012
SECTION 5-17-16 S. LINE-SE 1/4-SEC. 32-17-16
(SURVEY NAIL FOUND) PROJECT NUMBER: 9.4572
CERTIFIED SURVEY MAP NO. J O
LOT 2,CSM NO.6402,AND PART OF LOT 1,CSM NO.3424,LOCATED IN
THE SE 1/4 OF THE SE 1/4 AND THE SW 1/4 OF THE SE 1/4,
ALL 1N SECTION 32,T. 18 N.-R.16 E.,
CITY OF OSHKOSH,WINNEBAGO COUNTY,WISCONSIN
SURVEYOR'S CERTIFICATE n
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I,Eric R.Otte,Registered Land Surveyor,hereby certify:
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That I have surveyed,divided,and mapped a parcel of land described below. •0
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That I have made such Certified Survey by the direction of Chamco,Inc.,bounded and described as <
follows: m
Lot 2,Certified Survey Map No.6402,recorded in Volume 1,Page 6402,Certified Survey Maps, >
Winnebago County Register of Deeds Office and part of Lot 1,Certified Survey map No.3424,recorded in Volume
1,Page 3424,Certified Survey Maps,Winnebago County Register of Deeds Office,located in the Southwest V4 of
the Southeast 114,and the Southeast 1/4 of the Southeast 1/4,all in Section 32,T.18 N.—R.16 E.,City of
Oshkosh,Winnebago County,Wisconsin,and more particularly described as follows:
Commencing at the Southeast corner of the Southeast 1/4 of said Section 32;thence North 891-28'-16"
West along the South line of the Southeast 114 of said Section 32,1056.15 feet;thence North 001-44'-24"East,
45.00 feet to the Southwest comer of Lot 1,Certified Survey Map No.6261,recorded in Volume 1,Page 6261,
Certified Survey Maps,Winnebago County Register of Deeds Office and to the point of beginning;thence North
891-28'-16"West along the North right of way line of State Trunk Highway 91,474.26 feet to the Southwest corner
of Lot 2,said Certified Survey Map No.6402;thence North 00°-44'-53"East along the West line of said Lot 2,
991.49 feet to a point on the South right of way line of Atlas Avenue:thence North 540-36-48"East along said
South right of way line,152.62 feet;thence continuing along said South right of way line on a curve to the right
having a radius of 884.00 feet,385.98 feet along curve to a point which is North 67°-07'-19"East,382.92 feet from <
last described point and to the Northwest corner of Lot 1,said Certified Survey Map No.6261;thence South 000- O
44'-24"West along the West line of Lot 1,said Certified Survey Map no.6261,1233.13 feet to the point of r
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beginning and containing 12.38 acres(539,129 sq.ft.)of land,more or less. R:
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That such is a correct representation of all the exterior boundaries of the land surveyed and the
subdivision thereof made.
That I have fully complied with the provisions of Section 236.34 of the Wisconsin Statutes and the
Subdivision Ordinance of the City of Oshkosh in surveying,dividing,and mapping the same.
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\\ �� NS Eric R.Otte,R.L.S No.S-2440 m
J.E.Arthur and Associates,Inc.
ERIC R. Fond du Lac,Wisconsin 54935
OTTE
S 244U Dated this ��r N day of
\.01J13 DU LAC, /
W' J po 2012
piUn Project No.9,4572
D.T.Hitsman,Field Asst. co
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PLAN COMMISSION CERTIFICATE M
STATE OF WISCONSIN)
WINNEBAGO COUNT)?SS
' N
APPROVED THIS w�/i DAYOF /9yqus4 2012.
CITY F SHKOSH PLAN COMMISSION
V N
ATTEST.• W�l
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Deborah Foland Recording Secretary fn
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R:JEAAA Documents\Survey Documents\CSMC 4000-\4572CSMC.doc