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Home My WebLink AboutGround Lease Agreement 2021Ground Lease Agreement Document Number I Document Title PARTIES. This Lease Agreement (Lease) is made and entered into by and between the City of Oshkosh, Wisconsin (City or Lessor) and Winnebago County, Wisconsin (County or Lessee). 2. LEASE. For one dollar ($1.00) and other good and valuable consideration, the City agrees to Lease to the County certain real property that the City owns and controls to the County subject to the terms of this Agreement. The County accepts the Leased Property subject to the terms of this Agreement. 3. PURPOSE. A boathouse has existed for many decades within the Broad Street right-of-way on the shoreline of the Fox River. The boathouse Recording Area originally was used by the Oshkosh Police Department for water rescue. Name and Return Address In or around 1980, the Winnebago County Sheriff's Department started to use the boathouse for water rescue activities. On August 7, 1980, through Resolution #11, the Oshkosh Common Council approved the transfer of the boathouse from the City's control to the County. For reasons that are currently unknown, the approved transfer never occurred. The City and County now seek to remedy this four decades old oversight. The City has separately transferred ownership of the boathouse building to the County. However, because the boathouse is on public right-of-way, state law prevents the transfer of the land to the County. Instead, the City and County seek to use this long term ground lease in lieu of a conveyance. TERM. The term of this Lease shall begin on the date this Agreement is fully signed, and end ninety-eight (98) years thereafter. The term may be shortened, or lengthened, by agreement of the parties. 5. LEASE PROPERTY, The Lease Property is generally described as the east forty-five (45) feet of the Broad Street right-of-way, from the south right-of-way line of Bay Shore Drive extended on the north, to the end of the Broad Street right-of-way along or in the Fox River on the south. Because this is public right-of-way, the use of the Lease Property is divided into two categories: 1) exclusive use; and, 2) non-exclusive use. A map visually identifying these two categories is attached as Exhibit A. The use categories are more particularly described as: a. Exclusive Use: Within the Lease Property described above, the County shall have sole and exclusive use of the real property underneath the footprint of its boathouse structure for the purpose of using and maintaining the boathouse. The boathouse is the only property improvement that may be constructed in the Leased Property. b. Non-exclusive Use: All of the Leased Property that is not designated as Exclusive Use, may be used by the County for access and short-term parking for those using the County's boathouse. The County shall not build, construct, or place any building, structure, or improvement in this area. This area may also be used in a limited, temporary use for repairs of the boathouse and/or seawall. The County must obtain pre -approval fi-om the City if any part of the Leased Property is to be used for construction staging. The County must consider and reasonably accommodate other users of this area of the Leased Property. c. Compliance. The County's use of the Leased Property is conditioned on the continued compliance with all applicable local, state, and federal laws. 6. RENT. There shall be no rent or lease payments except as may be described elsewhere in this Agreement. 7, CITY ACCESS. During the term of this Lease, the City shall be allowed reasonable access to the Leased Property for any purpose related to any municipal function, to meet its obligations under this Lease, or to function in its 24, 2021 capacity as the owner of the Leased Premises. The City shall make all reasonable efforts to not materially disrupt the County's use of the Leased Property. The City and County shall cooperate with each other in good faith to coordinate their separate activities on the Leased Property. 8. SHORELINE. The Parties understand that the presence of the Fox River shoreline within the Leased Property provides other regulatory bodies, including the Wisconsin Department ofNatural Resources, with oversight of activities at this location. The County, as the owner of the boathouse, is solely responsible for regulations related to the boathouse. The County is also responsible for maintenance, repairs, and improvements of real property that is required due to the existence of the boathouse. This includes the shoreline. The County must provide the City with reasonable notice of any work it intends to perform on the shoreline. Reasonable notice should be considered at least ten (10) business days, although if the proposed shoreline work is substantial then notice should be given earlier. The City as the property owner agrees to cooperate with the County and/or DNR to facilitate approvals of proposed maintenance, repairs, and improvements. 9. ENVIRONMENTAL. The County is responsible for any environmental contaminations it causes. The County is not responsible for any underlying environmental contamination it does not cause. In the event the City has to address underlying environmental contamination that the County did not cause, any disruptions of the County's use of the boathouse shall not be considered the breach of any term of this Agreement by the City. 10. PUBLIC UTILITIES. The Leased Property is solely within the Broad Street public right-of-way. The City has public utilities within this public right-of-way, including a significant storm water outfall into the Fox River, The City may, in the future, install additional utilities. The City's use of the Broad Street right-of-way for public utilities shall have priority over the Lease, although the City agrees to take steps to work cooperatively with the County in those cases where the public utilities may affect the County's Lease, 11. INSURANCE, The County shall at all times maintain appropriate insurance to cover damages caused by its boathouse and the County's use of its boathouse. 12. GOVERNMENTAL IMMUNITIES. Both the City and County benefit from statutory and common law governmental privileges, immunities, and damage limitations. Nothing within this Agreement is intended to alter or waive these privileges, immunities, and damage limitations. 13. TERMINATION. This Lease Agreement may be terminated by the methods that follow. Upon termination of this Lease, the boathouse structure and all contents shall be removed from the property at the cost of the County. a. For Cause. If either party breaches any material term of this Agreement, the non -breaching party shall provide the other with notice and thirty (30) days to cure the breach. The Agreement shall terminate without further notice if the breach is not cured within the time allowed. b. Lack of Use. If the County fails to use the boathouse for its intended purpose — storing a rescue boat and related equipment — for twelve consecutive months, then the lease will be deemed abandoned and will be terminated upon notice of such abandonment provided to the County. c. By Agreement. The parties may at any time agree in writing to terminate the Agreement. 14. NOTICE. All notices to the County shall be mailed or hand delivered to the Sheriff, with a copy mailed to the Corporation Counsel. All notices to the City shall be mailed or hand delivered to the Director of Public Works, with a copy mailed to the City Attorney. 15. ASSIGNMENT. The County shall have a limited ability to assign its Lease rights and obligations. Any proposed assignment must be approved by the City, and such approval shall not be unreasonably denied. However, the only entities eligible to receive the assignment of Lease rights and obligations are local, state, or federal government entities for the sole purpose of public safety water rescue. No other assignments will be allowed. May 24, 2021 2 LESSEE: WINNEBAGO COUNTY Dated: J V 26 Z RIM This document dratted by: David J. Praska Assistant City Attorney Oshkosh, Wisconsin 54903 Ground Lease Agreement Signature Page LESSOR: CITY OF OSHKOSH Dated: By: --t- - Ia k A. By. f Pamela R. Ubrig, City r- May 24, 2021 3 •i{tr':'•'.•t:.•�-.� sis•3' 'fi-2.3 .. _•;;�' �;T_ rt- --- .i<•c�, eFIT'- �'ry Mw T _ :ryes fly I. •r-;T'�-- .. _ =l:^.� ' :;{� = f•^ is •! •+its •.i' ela 1 _ iJ -:i e f ;tp; �� r - : 1• _ s-si='n;... �z'•t =•7 "�=___� +s. _ --`_� �'h'G Qf- '•. r"•1 J _ Y _ ;/ �\ `- - _it',•.7 ;?: il'P � t :l',^^!""'iaSa^� • i� ��t %: `�` .'Y � .: ' " ! i •''�=• - "may.. f 7 w•. G �:i f,' f: JdWIN - - - L c - .«:.. w av1 • _ i 1+.+��,� z'`'1:-'i • .. 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