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2001-164RESOLUTION NO. 2001 - 164 A Resolution Approving an Option to Purchase the Weber Battery and Electric Property Located at 837 N. Parker Dr. and Authorizing the City Manager to Submit a Grant Application to the Wisconsin Department of Natural Resources WHEREAS, the City of Janesville is implementing a long-term Riverfront Development Strategy which calls for the acquisition of selected properties along the Rock River Corridor; and WHEREAS, the Weber Battery and Electric Property (hereinafter the "Property") is located at 837 N. Parker Drive within an area targeted for acquisition in the Riverfront Strategy; and WHEREAS, the City Administration has negotiated an Option to Purchase Agreement for the Property (a copy of which is attached hereto and incorporated herein as if fully set tbrth), which Option Agreement gives the City the right to purchase the property for a pumhase price of $800,000, with the option term expiring on October 31, 2001, and with the purchase being contingent upon matching grant funding; and WHEREAS, the Department of Natural Resources Stewardship Program provides matching grants to communities to assist in the acquisition of land in support of nature-based outdoor recreation programs; and WHEREAS, on May 7, 2001, the Janesville Plan Commission reviewed the proposed acquisition of the Weber Battery and Electric Property for such public purposes and found such acquisition to be consistent with City plans, but did not review the financial aspects of the transaction; and WHEREAS, the acquisition of said Property and the submittal of a matching grant application to the Department of Natural Resources to assist in the acquisition cost are each in the best interest of the City and to the benefit of the citizens of the community; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that: 1. The City Administration may negotiate and enter into a conditional option to Purchase Agreement for the Property in the manner and upon the terms set forth in Attachment A hereto. The actual exercise of the option by the City of Janesville is subject to and contingent upon future approval and authorization by the Common Council. 2. The City Administration is authorized to submit an application to the Wisconsin Department of Natural Resources under the Stewardship Program for matching funds to acquire the Property. 3. The City of Janesville will comply with state and federal rules for programs; may perform force account work; will maintain the completed project in an attractive, inviting, and safe manner; will keep the facilities open to the general public during reasonable hours consistent with the type of facility; and will obtain from the State of Wisconsin Department of Natural Resources approval in writing before any change is made in the use of the proposed site. Resolution 2001-164 Page 2 4. The City Manager and his designee(s) may, fi.om time to time, negotiate, draft, amend, execute, and enter into such other documents and make minor changes to the grant application and Option to Purchase Agreement, and take such other actions as the City Manager may deem necessary and desirable to effectuate the intent of this resolution and such grant program. Council amended this Resolution by adding that "the option to purchase is contingent upon receiving a DNR grant for the property,~.~P ADOPTED: May 14, 2001 APPROVED: Steven E. Shei~er ATTEST: J~Ann Wulf, City Clerk-Treasurerf APPROVED AS TO FORM: AA ~ ~j 9-00 City Attorney MOTION BY: Murphy SECOND BY: DeGarmo COUNCILMEMBER AYE NAY PASS ABSENT DAMRON X WILLIAMS X O'LEARY X DEGARMO x BRIEN X MURPHY X STEEBER X Proposed by: City Manager Prepared by: Economic Development Director