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HomeMy WebLinkAboutTemporary Access Agreement - Dale and Debra Renderman RECEIVED 13q 7 APR 062021 TEMPORARY ACCESS AGREEMENTCITY CLERK'S OFFICE THIS TEMPORARY ACCESS AGREEMENT (Agreement) is between Dale E Renderman and Debra Renderman (Property Owner), and the City of Oshkosh, Wisconsin, a Wisconsin municipal corporation (City). The Property Owner and City may be referred to herein individually as a Party and/or collectively as the Parties. 1. TERM. This Agreement begins on March 29, 2021 (Effective Date), and terminates on June 1, 2021 (Termination Date). The period between the Effective Date and the Termination Date is the Access Period. 2. PURPOSE. The City is investigating the feasibility and usefulness of purchasing certain real property from the Property Owner through lawful means that are available. The City requests permission from the Property Owner to enter the Property to investigate and perform due diligence activities related to condition of the Property. The Parties desire to enter into this Agreement to define the Parties' respective rights and obligations with respect the City's due diligence activities. 3. PROPERTY. The Property is a residential parcel known as 143 Idaho Street, and more specifically described as: Southerly 132 feet of the Easterly 279.43 feet of Lot 110 of Leach's Map of 1894, in Southwest 1/4 in Section 23 4. CONSIDERATION. One dollar ($1.00) and other good and valuable consideration, the receipt of which is acknowledged by the Parties and the value of which is sufficient to cause each Party to agree to be legally bound by the terms of this Agreement. 5. AUTHORIZED ENTITIES. This Agreement is between the Property Owner and the City. The Property Owner understands that the City will retain consultants and contractors, in addition to City employees, agents and representatives, to perform certain inspections and activities on the Property related to the City's investigation and due diligence. 6. ACCESS AND ALLOWED ACTIVITIES. The Property Owner grants the City the non- exclusive permission to access and enter upon the Property for the purpose of inspecting, surveying, and performing soil borings. Soil borings are expected to include two (2) locations within turf areas. Additional borings will be allowed as long as they are also in turf areas. Borings will be backfilled and seeded. 7. TERMINATION. The City may elect to end the term of this Agreement early for any reason upon written notice to Property Owner. The Property Owner may terminate this Agreement if there is a material breach of this Agreement after providing no less than thirty (30) days written notice to the City. The City will be provided the opportunity to correct any material breach within the thirty (30) days. 8. REASONABLE CARE. The City shall use commercially reasonable efforts to minimize any disruption of the normal and lawful use of the Property by any tenant and/or the Property Owner during regular City business hours. 9. COMMENCEMENT OF WORK. The City may begin performing its inspections, investigation, and due diligence activities on the Effective Date. The Property Owner is responsible for contacting any tenants or others with lawful use of the Property and provide any landlord/tenant notices that are required by law or by any lease or agreement. The City or its contractors will attempt to personally talk to the tenant regarding its inspection and investigation on the property, but may place such notices on an access door if those attempted discussions are unsuccessful. In the event a tenant advises the City or its contractors or agents that they don't have permission to be on the Property, the City or its contractors or agents will leave the property and advise the Property Owner. 10. EXISTING UNDERGROUND OBSTRUCTIONS. Property Owner will provide information to and reasonably cooperate with and assist the City in locating any private underground utilities, plumbing, storage tanks and other underground obstructions in, on or about the Property. However, The City shall be responsible for calling "Digger's Hotline" and having the Property marked for such obstructions. 11. RESTORATION. The City shall perform and complete the performance of the inspection and investigation activities on the Property in compliance with all applicable laws, requirements and regulations. The City will promptly restore the surface of the Property to substantially the same condition as its pre-inspection and investigation condition and as mutually agreed upon by the Parties. 12. LIABILITY EXCLUSIONS. Notwithstanding the foregoing, the City shall not have any liability, responsibility or obligation of any type or nature whatsoever (including any obligation to indemnify Property Owner hereunder) with respect to any Claims or Losses arising out of, resulting from or related to: (a) any pre-existing conditions in, on or about the Property (including, without limitation, the discovery or identification of hazardous substances, pollutants or contaminants in, on, about or under the Property), except to the extent that the City has damaged or negatively affected the conditions; (b) the intentional or negligent acts or omissions of, or violation of, applicable laws by Property Owner or any other third party (not including the others to whom the City delegates or is acting on the City's behalf as described in this Agreement) in, on or about the Property; or, (c) tenant claims related to the City's inspection and due diligence activities on the Property. 13. CHOICE OF LAW / VENUE. This Agreement shall be construed and interpreted according to the Laws of the State of Wisconsin, without giving effect to the conflicts of laws principles thereof. Venue for the resolution of any disputes shall be in the applicable Court district or circuit within which Oshkosh is located. 14. AMENDMENTS. The Parties may amend, modify and supplement this Agreement in such manner as may be agreed upon by them in writing. Amendments, modifications, and/or supplements shall be at the discretion of each party. 2 March 24, 2021 s y 15.NOTICES. Any notices which either Party is required to or wishes to serve on the other shall be in writing and delivered personally, or mailed by registered or certified mail, postage prepaid and return receipt requested, or by reputable overnight courier, to the following addresses: a. If to City: City of Oshkosh Attn: Ray Maurer, Parks Department P.O. Box 1130 Oshkosh, WI 54903-1130 With a Copy to: City of Oshkosh Attn: City Attorney 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 b. If to Property Owner: Dale Renderman Debra Renderman • 13821 Section 4 Lane, #4 Mountain, WI 54149-9200 c. Notice of any change in address shall be in writing. Notice shall be effective upon actual receipt. All notices by email shall be confirmed by the sender thereof promptly after transmission in writing by registered or certified mail, personal delivery, or reputable overnight courier. Anything to the contrary contained herein notwithstanding, notices to any party hereto shall not be deemed effective with respect to such party until such notice would, but for this sentence, be effective both as to such party and as to all other persons to whom copies are provided above to be given. COUNTERPARTS. This Agreement may be executed in one or more counterparts, all of which shall be collectively considered one and the same agreement. If the Agreement is signed in counterparts, then a Party that has signed and delivered a counterpart may by written notice revoke its acceptance of this Agreement if it has not received the other Party's signature within fourteen (14) calendar days after it has delivered the Agreement with its signature. SIGNATURE PAGE FOLLOWS 3 March 24, 2021 • Date: (1.3- -;•10 a/ PROPERTY OWNER: '�4��rnc(vr.�ccr✓ Dale Renderman Debra Renderman Date: CITY OF OSHKOSH,WISCONSIN By: ark A. Rohloff, City Manager By: Pamela R. Ubrig, C ty Clerk Drafted by: David Praska Deputy City Attorney Oshkosh, WI 4 March 24, 2021