Summary of Final Documents for the Ballpark Commons Project
Option to Purchase Agreement
Purpose: to outline the terms under which Milwaukee County would sell the property to the buyer.
Terms and Provisions
- Purchase Price – appraised value ($840,000) less the annual cost to operate the methane collection system, never less than $1
- Term – 6 months with one 6 month renewal
- Closing deliveries –
- Buyer must deliver executed copies of the Development Agreement and Contribution and Participation Agreement, a landfill license transfer agreement approved by WDNR, a modified landfill closure plan approved by WDNR, an Oak Leaf Trail Public Use and Access Easement, and an approved County Highway K de-commissioning document.
- Milwaukee County must deliver executed copies of these same agreements, the cancellation of the existing lease agreement and re-instatement of the new lease agreement, a warranty deed, and other deliveries typical of a real estate closing.
Purpose: to establish the process and describe the improvements that must be constructed or installed to maintain compliance with the terms of the sale.
Terms and Provisions
- Buyer has to construct the project to the terms of the City of Franklin’s Planned District zoning (PDD37)
- Noise and Light Mitigation
- Buyer must install 78 new light shield visors and re-align all existing ballfield lights to avoid glare in the adjacent residential neighborhood
- Buyer must re-align sound speakers to avoid noise nuisances in the adjacent residential areas
- Buyer must install 3 decibel monitoring devices at the perimeter of the project, adjacent to the residential neighborhoods. Buyer must make data available to the City, Village, and County on actual noise readings from these monitoring devices. Buyer must respond to noise exceedances of the limits outlined in Franklin and Greendale ordinances. Buyer must provide to the County each year the annual report of the decibel data read out.
- Must install light mitigation improvements before the start of the 2018 baseball season
- Must begin planning and installation of the noise mitigation improvements before the start of the 2018 baseball season and complete work before November 2018.
- County can inspect decibel meters, light shades, and other infrastructure with reasonable notice.
- All concerts and other events will be posted as soon as practicable on Rock website and around the property
- Variances require action by the municipality at a public meeting, which necessitates at least 24 hours’ notice to comply with public meetings law
- County will reserves the right to assess an administrative penalty to the Rock that cannot exceed $10,000 for a verified complaint if Franklin / Glendale fail to act
- Community Benefits Compliance Plan
- TBE Participation – 25% on construction, 17% on professional services
- Workforce training/apprenticeship – 10% of construction hours
Contribution and Participation Agreement (“Trust Agreement”)
Purpose: to create operating procedures for the long term financial and operational relationship between Milwaukee County and the buyer, including the terms for the annual maintenance of the system, the financial participation of the parties in the financial trust account, and the ongoing enforcement of the sound and light standards.
Terms and Provisions
- DNR Regulations, Buyer must –
- Receive DNR approval for all work performed including plan review, construction approvals, design, geotechnical work, and excavation/soil relocation plans.
- Receive DNR approval of a modification to the Landfill Closure Plan.
- Coordinate with DNR to establish the limits of waste at the landfill.
- Receive DNR approval for the transfer of the landfill license.
- Landfill Operating Procedures, Buyer must –
- Conduct oversight and maintenance of the landfill
- Serve as primary contact for landfill inspection, including with DNR and other government entities
- Respond to and correct any alleged deficiencies in their performance of these obligations
- Monitor, keep records, and report to DNR and others the data associated with landfill operation
- Ensure that public access is safely maintained on site with relation to the landfill infrastructure
- Landfill Operating Costs
- Buyer is responsible for the ongoing, day to day costs associated with the inspection, operation, maintenance and restoration of the landfill consistent with the DNR approved closure plan. This specifically includes the cost of operating the methane collection system, leachate system, monitoring wells, landfill cap, groundwater monitoring, and any future unforeseen expenses.
- Landfill operating costs are $167,000 in Year 1 and expected to increase 2.5% every year. The operating costs carried by the Buyer would be an offset against the purchase price, with the price never falling below $1.
- Buyer must install new methane collection system infrastructure at an estimated cost of $3,700,000.
- Landfill Replacement Fund
- The landfill will have a dedicated funding source for its full replacement every 20 years, referred to in the document as the “Landfill Infrastructure Capital Fund” or LIC Fund.
- An oversight committee will be established to provide annual review of the budget for current and future landfill operating costs and LIC funds and shall approve capital replacement costs. County will have participation in this oversight committee through the Office of the Comptroller.
- To the LIC fund, the County will contribute the base value of the property taxes collected within the TIF District until the TIF closes, estimated at $20,000/year. Once the TIF closes, the County contribution will be capped at 30% of taxes collected within that District to the extent that funds are required.
- To the LIC Fund, the Buyer will contribute the remainder which is estimated at $127,000 per year (years 2019-2038), then escalating to $136,000 per year (years 2039-2058), and $186,000 per year (years 2059-2078).
- Liability is assigned to the buyer from the point of constructing The Rock improvements going forward, County is freed from any new liability caused by the project.
Lease Agreement – Greendale Ski Hill
Purpose: to lease the ski hill that is located with the Village of Greendale that is physical separated by functionally connected to the overall project.
Terms and Provisions
- Term – matching the term of obligations to the adjacent landfill site, renewable in 20 year increments
- A revocable license for the purposes of mountain biking, cross county and downhill skiing, inner tubing, outdoor haunted hikes, a zipline, and for no other purposes except recreational uses that may be approved by the County, pursuant to County Board approval.
- Other than uninhabited structures ancillary to recreational uses no structures may be installed on Greendale Land without County Board approval.
- Developer will have continuing access to the Greendale Land for purposes of monitoring, maintenance and replacement of landfill infrastructure