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Home My WebLink About0110489-Building e OSHKOSH ON THE WATER Job Address 340 S KOELLER ST CITY OF OSHKOSH No 110489 BUILDING PERMIT - APPLICATION AND RECORD Owner OSHKOSH THEATRES CORP Create Date 08/27/2004 Designer Contractor TRI-NORTH BUILDERS Category 204 - Addition Amusement, Social, Recreation Plan M7-77-0804 Type 18 Building 0 Sign 0 Canopy 0 Fence 0 Raze Zoning Class of Const: 2Bibc Size irreg Unfinished/Basement 0 Sq.Ft. Rooms 0 Height 0 Ft. Finished/Living 9788 Sq.Ft. Bedrooms 0 Stories 1 Garage ~ Sq. Ft. Baths 0 U Projection 1 Canopies 0 Signs 0 Foundation 8 Poured Concrete 0 Floating Slab 0 Concrete Block 0 Post 0 Pier 0 Treated Wood 0 Other Occupancy Permit Required Flood Plain Height Permit Park Dedication # Dwelling Units 0 # Structures Cinema/ 62'x131' (approximate) theater addition. 8191 sf grade level, 1597 sf mezzanine/projection room. 3 auditoriums.' Note: No work above he foundation is to commence until all required Planning/Zoning Approvals have been obtained. Use/Nature of Work HVAC Contractor Plumbing Contractor Electric Contractor Fees: Valuation $432,800.00 Plan Approval $0.00 Permit Fee Paid $1,363.00 Park Dedication $0.00 Issued By: Date 09/14/2004 Final/O.P. 00/00/0000 U Permit Voided 1 Parcelld # 0608760300 In the performance of this work I agree to perform all work pursuant to rules governing the described construction. While the City of Oshkosh has no authority to enforce easement restrictions of which it is not a party, if you perform the work described in this permit application within an easement, the City strongly urges the permit applicant to contact the easement holder(s) and to secure any necessary approvals before starting such activity. Signature Date Address N29 W22865 MARJEAN LN Agent/Owner WAUKESHA WI 53186 - 0000 Telephone Number 262-549-1300 To schedule inspections please call the Inspection Request line at 236-5128 noting the Address, Permit Number, Type of Inspection (i.e. Footing, Service, Final, etc.), Access into Building if Secure (how do we gain entry), your Name and Phone Number. Unless specified otherwise, we will assume the project is ready at the time the request is received. Work may continue if the inspection is not performed within two business days from the time the project is ready. ZONING/LAND USE COMPLIANCE CHECKLIST JOB LOCATION: 340 S KOELLER ST. MARCUS THEATRES PROPERTY OWNER/CONTRACTOR: OSHKOSH THEATRES CORP. CONSTRUCTION DATA: 0 New Construction t81 Addition ZONING: C-2 PD 0 Alteration TYPE OF CONSTRUCTION: (i.e. fence, pool, parking lot, sign, etc.) 8195 SF THEATRE ADDITION.. ABOVE FOUNDATION COMMENTS: . CUP APPROVED 5/25/2004. . ATTACHED UPDATED LANDSCAPE PLAN IS APPROVED. . ALL CONDITIONS OF CUP APPROVAL SHAL BE MET BEFORE OCCUPANCY IS APPROVED. COMPLIANCE CHECKLIST DEFICIENT 0 Use 0 Lot Width 0 Lot Area 0 Lot Area Per Family 0 Floodplain 0 Front Yard 0 Front Yard Side Street DEFICIENT 0 Rear Yard 0 Side Yards 0 Building Area 0 Parking Standards 0 Off-Street Loading Standards 0 Vision Clearance 0 Transitional Yard Standards 0 Parking Lot Lighting DEFICIENT !81 Landscape Standards 0 Height 0 Conditions of Approval !81 Compliance with P.C. or BZA Conditions of Approval 0 Signage Standards 0 Mechanical Equip. Screening 0 Other REVIEW AUTHORITY As per Section 30-5 Enforcement of the City Zoning Ordinance, the Director of Community Development, or designee, must approve a/I plans, except the following: (1) A/terations or inter/or work when the use is conforming and when no change in use is proposed. (2) Maintenance items, e.g. siding, windows, etc., when the use is conforming and when no change is proposed. ¡;g¡ APPROVED Plan Commission Action Required BOANariance(s) Required REVIEWED BY: Matt TUCke@ 0 DENIED DATE: 9/30/2004 2003 Tucker, Matt W From: Sent: To: Cc: Subject: Burich, Darryn Thursday, September 30, 2004 8:27 AM Dannhoff, Allyn J.; Tucker, Matt W Kinney, Jackson Above Ground at Marcus I have spoken with the architect for the Marcus project and they are working on two items to comply with the CUP. These being joining the lots and the easement. I faxed them an easement late last week for their attorney's to modify a draft easement that we will then have to review. Along the same lines, they have to change ownership of one of the lots they own in order to combine the two and this is taking a lillie time to complete. I am sufficiently confident that they are or are intending to follow through with these two conditions and would allow them to proceed with the above ground work. Darryn Burich Director of Pianning Services City of Oshkosh 920-236-5055 920-236-5053 (fax) >- J~IIIPE~ (4J ~ (I) 4gI~T PATH CEDAR (5) ~TIIIG ~ TO RIDIAIN (~ (5) J~ilPL~ F~t"K:~ EXIS'I'NG DECLrNtED 6'=I~ PRL~AtiE ~:)L 41~ ~ WITH EXI~NG EXlSTIIG DWA,q: ~ LILAC EXI~'I'~ DiUA~~ ~ LILAC \ \ ASPHALT r, ~ NFALL F f~;U~ED 15ACK Fill MTN ,~OIL-AVOIID ~ OVER ,50L I~NG DECIDUOUS T EE PL4NTIN5 DETAIL EVERGREEN PL NTING DET iIL C, ONTAIt, ER ~ PLASTIC POT AND ~ ~ 1' l:3i!EP uJrll4 A ,~t,,~¢iip KNIFE '-¥ERGREEN PLANTING DETAIL J D~ ~ liD' ~ Tt44N POTTED PL4NTING DETAIL 2"x2~4' ~ 6T4KE6 DECIDUOUS TREE DETAIL STAKING DECIDUOUS SHRUB PLANTING ,DETAIL 2'x2'x24' 5T4KE~-3 ~ 'r~EE-~ NTO SOl. ID . : EYE G EEN TREE 5TAKING DETAIL THOMAS REGISTERED M , ,ORTENsEN, ASLA LANDscAPE ARCHITECT NOTES 2. ~OR TO ~ ALL PLANT QJ,6NTITIE$ ~ ~ PLANT LI~T ~ ~ WITN PLAN. (LATEST V~IGN). ANY F:~IAL F~g, tT SUBSTITUTION5 HUST t~ ~VED BY' ~ LAND~ At~-.,HITECT. ALL PLANT5 I'IJST 1~ II¢~T4d ! ~ ~ ~ 517:1:5 ,Sf. IGII,N ON PLANT I"IATEI~At. ~ BEDS (IF ~ICAIDLE). DO NOT ALLGUJ 1'1,LC, t4 TO ~ACT PL4NT E,. ~ ALL PL4NT IDED5 IglTl. l A 4" DEEP SPADED ED¢_~ (~,.IOVEL CUT OR HEOHANIOAL). IBEDLINE5 ~ TO !~ OUT ORIBP, 4g PER · &. ALL ~IAL, ,~ AND GRDIJIDC.,OVER A,qE46 ~ I~(2EIVE A 15LEND OF ~lC 60IL ,~5 PRIOR TO PLANT~ t~OTOTII I TWE F'OLL~ flA~4d.$ AT THE F-C~.L~ RATIO INTO EXIST~ ~X. 8". 2 I.B6. OF 5-1~-.~ GAI~EN FE~ILIZL~ I/4 CU. YARD OF ~TED PIAI'4.1~, PLANT ~TARTE~ OR Oll-ER ~'ll~, ~IC MA'rE~IAL NOTE: IBULK PLANT STARIL~ I$ NOT AN AC, CE~ABLE AL~TIVE ~ ,~21L ~5 IN..ESe, ~VED E,Y LANDSCAPE 'l. ALL ~ TO IBE ~ PL,4NTt~ UJITW A BiD/B~ PIIX OF DLANT 5TARTL~ AND tD(I~TING ,.,~)IL INSTALL T~IL INTO ALL PLANT BSD~ A8 ~ TO Ar_,WIEV~ ~ r_.de, ADE. ~ ALL EXcB861vE GRAvF. J., CLAy AND 6TONE& 8. I=L,4NT ALL TRIBE5 8LIGWTL¥ HI(.d4ER ~ FINI,~IED GRADE AT fi~OT FLAt~ 1~4:::~11 1 WOLE ~ EXISTIN~ 5OIL ~ ~ EXCAVATION AND Ii~ PLANT ~T,41E'TL~ PIIX. AVOID 4NY AIR ~ .4ND DO NOT TAi'IP 8OIL DOIIN. DI~:~7,At~ ANY GRAV~, CLAY OR 5TONE& F:~IDE A 4' DIAHETER ,,~df~DDED ~ I'II~C,W RING, 5"-4" DEEP, ~ ALL L,NLN ~5. DO NOT IBUILD UP ANY HI,ILC~.I B. ALL PAI~ING LOT I,,%AI~$ TO IBE BACKFILLED iglTW TOPSOIL TO ~ OF 18" PflNII'U'I TO ~ LOI~ ~ I=L4,K~ WEAL~ TOF:eoOIL BHOULD !~ 1~4CED IB¥ ~ CCNTRACTOR DLIBING RCUGW Gle, ADII~ ~TIOI~. LANDSC, A~ CONTRACTOR TO 1~~1t~ ~ FINE Gle,4D~ ALL PLANTING IBIS5 AND ~ ~. PLANT ~ HAT 8E VOIDED BY LAND~ ~OR IF: TOPSOIL I,~ IN,4DEQIJATE ~ INSTALLATION. liD. ~OR TO EV, N.UATE CCNDiTION ~ ,~ITE Gte, ADING I~i~lOR TO ~ING ~ 41,,ID DErEI~II~ IF ADDITIGNAL T~IL I~ I~QUIf~D TO ~y IN~TALL ~ LAUIN AND PL4NTING CUB, lC YAI~ TO PI~VIDE, WAUL AND 8PleAD ADDITIONAL TGPSOIL, IF I~QUIRED, TOPSOIL ILl-ll~q HAY tBE REQUIRI~. !1. ALL PLANT~ TO ~ IIJA~ AT TIPE OF I~..ANTII~, t~It~D. '1'1~,~, EvL:lir.-ilit~B~, AND ~ TO i~ GtJAe4NTtB~ (1~,, ~ 6EA8ON. U14~ AND ON¢.~ING HAINTENAN~ IN~(:::~ AI~ TO !~ 8tJF~IED BY LAND~ CONTleAOTC~ (TO 12. ~ INSTALLATIOI$ ~ ~ AIL 8tBEDED ~ Af~A8 REPIOVE/Ki1~' OFF ANY EXISTII~ ~ATION I~k~ TO ,,~BEDING. ~AI~ TOP, IL (IF ADEQJATE-OR PROVIDE A~ IN 5TAIBTER FEI~ILI2L~ AND ~ ~~y AND PROVIDE I'ILLC, H C42~ SUITABLE TO ~'t~INATE AND E~TABLISf. I TIJl~e~le~ur/tL TI ERO61ON CC:IITt~L 1~81-1 TO t~ ~ IN ~IA~ AND $'I'SEP Cde,,4DE$ ~ ~1~ 19ETWOD~ OF INSTALLATION HAY V4t~Y AT TWE DII)(~i~'TION OF: C, CNTRA~GfB ON HI$/I..L~ I~~It~ILIT'Y' TO E~T,48LI~ ~ GUAle, ANll~ A ,~IOOTH, ~DOffi'l, QJALITT l!J~. 5" Gl: 81-1B~ED~ARt~ TOPSOIL (19INIMUI'I) I~ II~QUIRI~. IF 6TRAIg I'IULCH lB LISED ,48 A C, OVERII~, a. TACI(RER WILL ~ ~__r~_86,~ TO AVOID MND D,6H4GE. AN , NO MO~ ll44N It~ OF TOTAL AI~A WITW ~ 8POTS L~ TWAN I · ALI, IIFOf~ ~ ~TALL llJ~~ 5Y 8 DKL 15 GL5 14 PL4NT ~ON N41'E 51LVE~ LINDEN t~L4~ HILL5 ~ C~AST BUt~'IING 1~ HAH'5 vIBURNUH DWAEF ~AN LIL4~. LC~ ~T. ~OOTH ~T ~~ LI~E ~IN~ BL~~L~ HI~D H~ID DAYLI~IE~ ~STA BOTANICAL NAPE TILIA TC:tIENTOGA ~ CALLERYANA CLEVELAND ~d. ECT' PICEA GLAUGA DENSATA EU~THOU5 ALATU6 '~ACTIJ'I' VIBLI'IU~ TRILOSIJ'I 'HAWS' T4,XI~ X HEDI4, TAUTC~II 5YRING4, PALIBiNI4N4, RHU5 ARGtI4,TIC4, '~ LOW' l~SA I(NOCKDUT' SPIREA I~I'IALDA 'LITrLE PRII~E,~' G41LLAI~I4, HEH~~LI5 'ROYAL RIDIARK~ 5T4KE ~ GUYWIRE, 3" HIN. HULCH tSF_.D STAKE ~ GU'rlJAt~, ,S" HIN. MULCH tDED 5TAt~ , C.~UTIlJli~, :~" MIN. HUL. C~ EED 5" MIN. HULCH ~ e~III MIN. HULCH BED 5" MIN. I'IULCH t~ MiN. I'lULCH BED MIN. I'lULCH BED MIN. I'lULCH ~ 5" MIN. HULCH EED 5" MIN. HULCH EED 24" ,~ACIN~ N REVISIONS DATE 08/20/04 08123/04 09115/04 9/24/04 BY JWC JMG JM6 JMG PROJECT MANAGER: JEFF DIETRICH, PE MARCUS THEATRE CITY OF OSHKOSH Landscape Plan, Notes, Plant Schedule and Planting Details National Survey & Engineering Telephone 920-231-3TIg Face/n'~e 920-231-9872 285O Unlv~ Street Oehkoek WI 54gO4-Sg75 NSE PROJECT NO.: 7004191 DATE: 07/29/04J SCALE: 1"~20' SHEET NO. L1.0 ::I /j()'/f1 MAY 25,2004 04-174 RESOLUTION (CARRIED 7-0 LOST_LAID OVER__WITHDRAWN_) PURPOSE: GRANT CONDITIONAL USE PERMIT; APPROVE FINAL PLANNED DEVELOPMENT I 340 S. KOELLER STREET INITIATED BY: OSHKOSH THEATRES CORP., OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for expansion of an existing planned commercial development to permit construction of an addition, to include, but not limited to, three new screen auditoriums, per the attached, is hereby approved with the following conditions: 1) 2) All new and existing mechanical appurtenances be screened in accordance with Section 30-35(1)(5) of the Zoning Ordinance. The owner/petitioner provide a cross-access parking agreement indicating the compliant amount of parking spaces will be provided to account for any loss of parking on the subject property. The front yard setback shall be no closer than the existing structure's setback. The two tax parcels encompassing the Theatre development be combined into one tax parcel. All landscaping displaced as part of the expansion project be replaced and included in a revised landscaping plan. Increased level of foundation plantings be provided along the west elevation. Storm easement along S. Koeller Street be modified to allow pedestrian access. 3) 4) 5) 6) BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves of the Planned District Overlay and final development plan per the attached. "'-- ¡-._._._-_._._._._._~ , ASPHALT DRIVE . ¡ r; CONCRETE C~~B ISLAND - y. L r . - - - - - - - ;--;;rn~~EX;'.;:;G -.;;œL Sro;,Š. --- . - i.~E'Ñ - - -mHt+tttt-,- -. - 11 as & ASPH t\!ERGREENS II NEW CQNSTRUCTI .' EXlS.NG ~ '. PYLON 51ON = . NËWc\) A . ~ ~.. ~~~SCAP\NG ME.....] NET LOSS OF (- I- , DECIOUCUS TROES & BUSHES FOR MANU'ÆRIN BETWEEN BUnD"'G " WA~ STillS ~~W~CRETE Y-°f'-O?o" mmmm û) -W J~ j> -t="-~ 1/r3: ) ~ ~j: .... ~ J ß. ARCHI'TECTURÞJ. \Ò1 ~~ L.____f:~~~~._-_._.~--/-._._--- : i ~EXIS~NG U~UTY POLES m . . - . - . - . - . - . ~XISllNG ASPHALT DRIVE a: :::> u I I I I I I 1 I EX1S~NG 9-SCREEN CINEMA 1,613 SEA"tS RNISH FLOOR EL 100"-0' (REFERENCE) EL. 766;20 (CITY DATUM) \ \ \ I \ \ , -¡ ¡ , ----------....--1.-----,..-.--- -.---.--.. m- \ ¡ I ! ~ i ¡ ì I :iJ}"ì;'.l."""" '" I'> "".... <:¡Jibò",;¡............ I-{J.r¡ò-Š ~I J ¡ -I I II """ """ "'^ ","'"...0 ;;UJJ.L<gIJ~.Q~JjJ,DQ.L ,.- (ID- ...... Ð.EV~":::'-~ (ID_EASTE1£V~~.,~ Q)_...-r~~.~ Q)""'" EAST -.:.~--~ ,-' Schroeder & Holt Architects C/O Petitioner Oshkosh Theatres Corp. Owner RECEIVED 272004 Location! Address of Project 340 S. Koeller Street, Oshkosh, WI 54902 Type of Use (if multiple uses, list): Motion Picture Theatre CCMMUNiT\' CEVElO?MENT Size of new structure or addition in gross square feet: 8,191 SF Foot Print; 1;597 SF Mezz. TOTAL: 9,788 SF !'rojection RM. Total occupancylbuilding capacity: 2,329 Occupants Building height measured from grade to highest point in feet: 21'-0" Number of floors/stories: One Project Site coverage: Buildinl! 44,496 (footprint) sq.ft. Pavinl! 7,700 sq.ft. Landscaping; '\ q RR, sq.ft. Other 8.183 sq.ft. 55 9.5 25 10.5 % % % % Exterior building materials: Painted masonry to match existing with C .M. U. Ii,entil coursing and EIFS Architectural corner:' feature Elements with integral neon'-l;lgniing. Total number of off-street parking spaces required: Total number of off-street parking spaces provided: 377 732 Number of Employees (total) NA Employees per Shift 17 Number of seats or seating spaces (church, restaurant, theatre, etc.): Number of visitors/customers on site at busiest time (estimate) 1,886 Other Occupants (specify): Site/Develoument Plan. A complete site plan shall include the following items: ~ Two sets of full size (24'X36" or 18')(24") scaled and dimensioned prints of site plan and building elevations (36 x 48) D Two sets of reduced (8 Yz" x 11 to 11" x 17") building elevations and site plan [!] Title block that provides all contact infonnation for the petitioner and/or owner, if different [2U Full name and contact information of petitioner's engineers/surveyors! architects, or other desigri professionals used in the plan preparation ŒJ Date of the original plan and all revisions [!] A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 :60) unless otherwise approved by the Community Development Director or designee prior to submittal ~ All property lines and existing and proposed right-of-way lines with dimensions clearly labeled X All required building setback and offset lines Location, dimensions, and purpose of all existing and proposed easements including official mapping X Existing topography with contours at one foot intervals 2 0 Location and description of any floodplains, wetlands, or other environmentally sensitive areas impacting the site [i] All existing and proposed buildings, structures, and paved areas, including building entrances, walkways, drives, decks, patios, fences, walls [!] Location .of all outdoor storage and refuse disposal areas and the design and materials used for construction [!] Location and dimensions ofallon-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-36 City of Oshkosh Zoning Ordinance 0 Location and dimension of all loading and service areas on the subject property W Location, type, height, size, lighting, and total area of all existing and proposed signage, including . elevations drawings for ground and wall signs 0 Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometries plan and details of proposed exterior lighting fixtures Q9 Proposed topography denoting elevations and natural drainage after construction and any proposed stonnwater retention/detention areas Q9 Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. where mechanical equipment is visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HV AC equipment, WPS electrical transfonnerslboxes, and panels, exhaust flues, plumbing vents, gas regulators, generators. Landscape Plan. Applicant shall submit two full size and scaleable landscape plans containing the following information: [j{] Two full size (24" x 36") scaled and dimensioned prints of site plan [] Full name and contact information of petitioner's architects/landscape designer, or other design professionals used in the plan preparation IJë Date of the original plan and all revisions 0 Location and dimensions of all existing and proposed structures, parking lots, driveways, roads, underground utilities, right-of-way, sidewalks, ground signs, refuse disposal areas, fences, free- standing electrical equipment and other utility boxes, and other free-standing structural features as determined necessary by the Zoning Administrator 0 Location and contours of all existing and proposed berms with one (I) foot contours including a cross ~ctiondetalj#See Sheet SP Qg ~ proposed topography at I foot contours 0 Calculations of developed area and parking lot perimeter used to determine the required number of trees and shrubs (see department brochure to calculate developed area and parking lot perimeter) []I The location, size, type and name (common and botanical) of all existing plant materials on the site and designation of all trees and shrubs to be preserved and/or removed [J The location, size at planting, type, and name (common and botanical) of all proposed plant material. All plants must be drawn at the size they will achieve at maturity []I Planting bed details including mulch type and depth 0 Indicate areas of required landscape screening and the pUIposes for which the screening is being installed (i.e. refuse disposal areas and mechanical equipment screens) 0 Elevations, cross-sections and other details as determined necessary by the Zoning Administrator DATE: c~s PROJECT ADDRESS: 340 S. Koeller Stree Sep.13.100410:13.A.M 110.0855 p ._-~--~'"-".__.~'----_w.- PHONf 414.276.1760 fAX 414.276.1764 £ moil mo;I@"h,oed",ndholt.,om .-- FACSIMILE TRANSMITTAL Date: September 13, 2004 City of Oshkosh Fax: 920-236.5053 Attn: Matt Tucker Pages: 13 (lncl~ding this Sheet) To: From: Roger C. Phillips Co: Re: Marcus Cinema Addition S&H Job No; 2190 Subject: 0 Urgent Parking Agreement I2J For your Review 0 Please Reply Comments: Matt Attached is the Parking Easement and Maintenance Agreement as per your request. Oarryn BuriCh was looking to see if he had a copy of this Agreement on file. if he doesn't find the one we gave him, please let him know I have sent this one to you. Thank you, Roger If all pages are not received In good order, please notify sender - Phone 414.276.1760 This transmi$sion is from SChroeder and Holt Architec!$ lid, and may contain information whiCh is confidential and proprietary. If you are not the addressee, any disclosure, copying or distribution or use of the contents of this message is expressly prohibited. If you have received this transmission in error, please destroy it and notify us immediately at 414-276-1760. Sep.13. 2004 10:23AM No. 0855 P 2 PARKING EASEMENT ANn MAINTENANCE AGREEMF,NT TIllS PARKING EASEMENT AND MAINTENANCE AGREEMENT (hereioafter retetred to as !he "Agreement") is made by and among LANDMARK LIMITED PAR'INERSHIP ill (hereinafter referred to as "Landmark"), U.S. OIL CO., INC. (hereinafter referred to as "US. Oil"), IOU MlNG SANG and CHOW YUK CHUEN as tenants in co=on (hereinafter referred to as "Golden China"), and B & G REALTY, INC. and APPLETON THEATRES CORPORATION, formedy known as OSHKOSH THEATREs CORPORA nON (hereinafter collectively referred to as "Theatres") this..:$L.. day of,-' 1996. WITNESSETH: "WI-IEREAS, Landmark, U.S. Oil, Golden China and Theatres own the real property described below which collectively is known as Landmark Plaza, located in the southeast quadrant of the intersection of South Koeller Street and Witzel Avenue in Oshkosh, Wisconsin, as depicted on Exhibit A attached hereto and incorporated herein by referencc; and WHEREAS, Landm.ark, U.S. Oil, Golden China and Theattes each operate at le<l$t one commercial establishment in Landmark Plaza necessitating parlcing for employees, customers and agents; and WHEREAS, Landmark, V,S. Oil, Golden China and Theatres and/or their predecesSQcs in title previously entered into numerous recorded docwnents setting fonh their rights and obligations with respect to the common areas, easements, rights-of-way, restrictions, maintenance and other matters concerning thc Propenies which are part of Landmark Plaza; and WHEREAS, Landmark, U.S. Oil, Golden China and Theatres desire by this Agreement, to clarify the affect oflhose numeroLL5 recorded documents and to incorporate certain changes to their provisions governing parking and maintenance; and WHEREAS, Landmark;s the owner of the property (the "Landmark Property") legally described as loHows; S9P.13. 2004 ¡0:24AM No. 0855 P 3 That pan of the NWI/4 of the SWl/4 ofSec!ion22, TI8N, R16E, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin, ""hich is bounded and described as follows: Lot 2 in Certified Survey Map No. I ¡ 00. OutlOt I in Rcplat of lots 13-21. Firs! Addition to I.H.B. the Hornebuilders Subdivision. ALSO; Beginning at the NE corner of Lot 2 in Certified Survey Map No.1 !DO, thence Westerly 586.61 feet more or less along the North line of said Lot to the SE comer oflands described in Document No. 437752 (Oshkosh Theaters CDIp.), theuce Northerly 315.0 feet more or less along the East line and extended East line of lands described in Document No. 431752, thence Westerly 255.14 feet more or less along the North line and extended North line of lands described in Document No. 752 ¡ 89 (Oshkosh Theaters Corp.) to a point on the East line of South Koeller Street, 1:heu.ce Northerly 35.0 feet mOre or less along said line to the SW COmer of lands described in Document No. 600697 (Golden China Restaurant), thence Easterly 177.78 feet more or jess along the South line onands described in Document No. 600697 to the SE comer of said lands, thence Northerly 286.0 feet more or Jess along the Easterly line oflands described in Document No. 600697 to the NW comer of lands described in Document No. 509115, thence Westerly 57.49 feet more or less along Ihe Nonh line oflands described in Document No. 600697 to a point on the East line of South Koeller Street, thence Northeasterly along the EMt line of Koeller Street to its point of intersection with the South line of Witzel Avenue, thence Easterly 509.5 feet more or less along said South line to a point on the Wést line oflands described in Volume 517, Page 123 of Recotds (Anchor Bank), thence Southerly 1:56.5 fi:et more or less along said West line to the SW comer of said lands, thence EMterly 115.0 feet more or less along the South line of said lands 10 the NW comer of OutJot 1 in the Replat of Lots 13.21, First Addition to T.H.B. the Home Builders Subdivision. thence Southerly 807.23 feet more or less along the West ¡ine of said Outlot to the point ofbeginrùng. EXCEPTING THEREFROM Lot I in Certified Survey Map No. 3225 (the u.S. Oil Propeny); and WHEREAS, U.S. Oil is the owner of the property (the "u.S. Oil Property") legally described as foIlows: Lot I in Cenified Survey Map No. 3225, in the NWl14 of the SWlf4 of Section 22, Tl8N, RI6E, Cily of Oshkosh, Winnebago County, Wisconsin; and 2 Sep.13. 2004 10:24AM I~Iû-OS55 p. 4 WHEREAS, Golden China is the owner of the property (the "Golden China Property") legally described as follows: Tbatpartofthe NWII4 of the SW1J4 of Section 22, T18N, R16E, in the 6th Ward, City of Oshkosh, Winnebago County, Wisconsin, per Document No. 600697 wmch is bounded and described as follows: Beginning at the Northwest comer of lands described as Parcel "I" DQCumenc No. 509115, thence South 00 degrees 31 minutes 20 seconds West along the Westerly line oflands described as Parcel "1" Document No. 509115, a distance of 286.00 feel. thence North 89 degrees 13 minutes 40 seconds West along the Nottherly line oflands described as Parcel "2" Docwnent No. 509115, a distance of177.78 feet, thence Northeasterly 195.06 feet along the arc of a 666.20 foot radius curve, being the Easterly right of way of South Koeller Street and having a chord of North 14 degrees 16 minutes 38 seconds East 194.36 feet, thence North 37 degrees 56 minutes East along the Easterly right of way of South Koeller Street a distance of 121.93 feet, thence South 89 degrees 04 minutes East 57.49 feet to the point of beginning; and WHEREAS, Theatres is the owner of the property (the "Theatres Property") legally described as follows: That part of the NWl/4 of the SWI/4 of Section 22, Tl8N, R16E, in the 6th Ward, City of Oshkosh, Winnebago County per Document No. 437752, bounded and described as follows: Commencing at the W1I4 comer of said Secnon, thence South along the West line of said Section 996.38 tèet, thence South 89 degrees 04 minutes 00 seconds East 212.60 feet to the place of beginning, said point being On the Easterly right of way line of U.S. Highway No. 41, thence North 00 degrees 05 minutes 22 seconds East along the aforesaid Easterly right of way line of U.S. Highway No. 41 a distance of 215.02 feet, thence South 89 degrees 04 minutes 00 seconds East 255.52 feet, thence South 00 degrees 41 minutes 00 seconds West 21$.00 feet, thence Notth 89 degrees 04 minutes 00 seconds West 253.29 feet to the place of beginning. Said parcel contains 1.2556 acres ofland. TOGETHER WIlli: That pan of the NWII4 of the SW!l4 ofSecnon 22, T18N, RI6E. in the 6th Ward, City of Oshkosh, Winnebago COlllJty, Wisconsin, wmch is bounded and described as follows: Commencing at the WI/4 comer of said Section, i:hence South 00 3 Sep.13. 2004 10:25AM No.O355 degrees 5 J minutes 21 seco!lds West alO!lg the West line of said 1/4 Section 782.04 feet, thence South 89 degrees 17 minutes 19 seconds East 210.65 feet to a point on the East Jme of South Koeller Street, thence continuing South 89 degrees 17 minutes J 9 seconds East along the South line ofJands described in DocUlIJent No. 752189 aforesaid 180.89 feet to the SE comer of said lands and the point of beginning of the parcel to be described, thence North 00 degrees 27 minutes 43 seconds East along the East line of said lands 100.00 feet to thc NE comer of said lands, thence South 89 degrees 17 minutes 19 seconds East 75.00 feet, then<;c South 00 degrees 27 minutes 43 seconds West. 100.00 feet to the NE comer of lands described in DocUItlent No. 437752, thence North 89 degrees 17 minutes 19 seconds West along the North line of said lands 75.00 feet to the point ofbegínning. Said p¡¡rceJ contains 7,500 square feet and is subject to all existing easements and testrictions of record. TOGETHER WITIf: A parcel of land located in the Northwest 1/4 of the Southwest l/40f Section 22, Township 18 North of Range 16 East, in the Six:th Waro, City of Oshkosh, Winnebago County, WIsconsin, bounded and described as follows; Commencing at the Northwest comer of lands described as Parcel "I", in Document No. 509115; thence South 0°31'20" West (previously recorded as South 0°41' We$t), along the Westerly line of lands described as Parcel "I" in DocUlIJent No. 509115, a distance of 321.00 feet, to the point of beginning; thence continuing South 0°31'20" West (previously recorded as South 0°41' West), along the Westerly line of lands described as P¡¡rcel "I" in Document No. 509115, a distance of 100.00 feet; thence North 89° 13' 40" West (previously recorded as North 89° 4' 0" West), along the Northerly line of]ands described in Document No. 437752, a distance of 180.89 feet; thence Northeasterly 21.13 feet along the arc ofa 11,409.16 foot radius curve, being the Easterly right-of-way of South Koeller Street and h;iving a chord of North 0° 37' 49" East, 21.13 feet; thence North 0.41' East. along the Easterly right-of-way of South Koeller Street, a distance of 53.38 fee!: thence Northeasterly 25.46 tèet along the arc of 666.20 foot radius curve, being the Easterly right-of-way of South Koeller Street and having a chord of North 1° 46' 41" East, 25.46 feet; theIlce South 89° 13' 40" East (previously recorded as South 89° 4' East), along the Southerly line oflands described as Parcel "2", in DocUlIJent No. 509115, a distance of 180.14 feet, to the place of beginning; and 4 p. 5 SiP.13. 2004 10:25AM 11ü. 0855 P 6 NOW THEREFORE, based UjX)ß the foregoing premises which are hereby ratified and atfnmed, and for good and valuable considerarion, the receipt and sufficiency of which is hereby acknowledged, Landmark, U.S, Oil, Golden China and Theatres (hereinafter sometimes referred to as the "Parties" or individually as the "Party") agree as follows: I. Landmark, U.S. Oil, Golden China and Theatres is each. granted a perpetual, non- exclusive easement and right of way for purposes of foot and vehicular traffic, ingress and egress, and parking to, £rom and on the Landmark Plaza Parking F aciliry- as depicted on Exhibit A hereto and consisting of I, J 37 parking spaces on the Landmark Property (hereinafter the "Parking Facility") tor the USe of each of the parries and the tenants, employees, customers and agents of each, 2. NotWithstanding the non-exclusive natUre of the parking easements set forth in paragraph I above, fÌom the total of the 1,137 parking spaces on the Parking Facility and the number of then existing parking spaces on the Theatres Property, 475 un-designated parking spaces are hereby perpetually granted to the 'fhI:atres Propeny so that, following the planned expansion of the theatre on the Theatres Property which has been approved by Landmark, Theatres will have sufficient parking spaces to comply with all governmental and other requirements necessary to construct and operate its expanded theatre. All provisions in the Recorded Documents (as defined in paragraph 8 below) which require Theatres to maintain s1" parking spaces on the Theatres Property for every 1,000 square feet of buildings on the Theatres Property are hereby delered. 3. Landmark shall be responsible for the performance of, and initial payment for, all repair and maintenance of the Parking FaciJity, including "Ilowand ice removal, grounds keeping, lighting, ordinary repairs, restriping, and payment of real estate taxes and liability insurance (hereinafter the "COmmon Costs"). U.S. Oil, Golden China and Theatres agree to reimburse Landmark for their. portion of the Cornmon Costs together with a management fee m an amount not to exceed eight percent (8%) of the Common Costs. The portion of the Common Costs plus management fee due from each of the Parties shall equal the product obtained by multiplying the total Common Costs plus management fee by a fraction, the numerator of which is the total square footage of the buildings located on the Party's Property and the denominator of which is the total square footage of an buildings located on the Landmark Property, the V,S. Oil Property, the Golden China Property and the Theatres Propeny. 4. Each Party's portion of the Common Costs plus management fee shall be paid in monthly installments, in advance, on Or before the first day of each calendar month, in an amoWlt estimated by Landmark. Using the actual bi1Js for all such Common COSts at the calendar year end, and providing copies of those bills to any Party upon request, Landmark shall submit to each of the Parties a written statement of the actUal amoWlt of that Party's portion and the amount then paid by the Party. If the total amount paid by the Party is less than the acIUa.! amount due fi:om the Party for such year as shown in the statement, the Party shall pay Landmaril the difference between the amount paid and the actUal amount due, such deficiency to be paid within thirty (30) days after the rendition of the statement. If the cotal amount paid by the Party for any calendar year exceeds the actual amount due from thar Party for such year, the excess sball be credited against the next insrallment of Common Costs due from the Party 10 Landmark. From time to time, Landmark shall s Sep.13. 2004 10:26AM 110.0855 p. 7 notifY each of the Parties in writing of Landmark's estimate of the Party's monthly installments due hereunder. S. If Landmark fails to perform any of the maintenance and/or repair obligations set forth in paragraph 3 above and fails to cure that non-performance within thirty (30) days after written notice from any of the Parties to Landmark (however, no notice shall be required in an emergency) the noti:fÿing Party shall have the right, but nor the obligation, to perfonn the maintenance and/or repair and to b<: reimbursed by Landmark from all Parties' paid Cornmon COSt installments for the reasonable COSt of that performance, sucl1 reimbursement to occur within thirty (30) days after Landmark's receipt of a statement therefor crom the performing Party together with any documentation substantiating the Costs incurred. 6. Each of the Parties agrees to indemnify and hold the others harmless wm and against any and all liability for personal injury or death or property damage when such injury, death or damage shall result from, arise out of, or be attribUtable to any maintenance or repair undertaken purswmt to this Agreement unless caused by the gross negligence or willful misconduct of the Party perfom1Íng such maintenance or repair. 7. The Parties acknowledge that Landmark is making certain improvements to the Parking Facility in calendar year 1996 and each Party agrees to pay its portion of the total cost of such improvements exclusive of the COStS to move the Stein's Garden Center area (hereinafter referred to as the "Improvement COSts"). The portion of such Improvement Costs for each of the Parties shall equal the product obtained by multiplying the total of the Improvement Costs by a fraction, the numerator of which is the total square footage of the buildings located on the Party's Property and the denominator of wlùch is the total square footage of all buildings located on the Landmark Propeny, the U-S- Oil Property, the Golden China Property and the Theatres Property. 8. The Parties acknowledge that the following documents affecting Landmark Plaza have been recorded with the Winnebago County Register of Deeds Office (hereinafter referred to as the "Recorded Documents") and agree that if there is an înconsistency(ies) or <III1biguity(ies) betWeen the Recorded Documents and this Agreement, the provisions of this Agreement shaH control: Deed ofDec!aration contained in Instrument execUted by tvlichael Montlack, Trustee, dated August 12, 1970 and recorded in the office of the Register of Deeds on August 17, 1970 in Volume 1281, page 271, as Document No. 398657. Amendment to Deed 0 fDeclaration contained in InstI1Jment e.xecured by Roger E Benjamin, Trustee (successor to Michael Montlack, Trustee), S-M, Inc- and Welles Stores, Inc. Oshkosh, dated July 21, 1971 and recorded in the office of the Register of Deeds on August 3,1971, in Volume 1316, pageS94, as Document No- 411613. Restatement of Deed of Declaration contained in Instrument, dated April 24, 1972 and recorded in the off¡ce of the Register of Deeds on May 31,1972 in Volume 1342, page 548, as Document No. 42144L 6 S e P . ] 3. 1004 ] 0: 1GAM No 0855 p. 8 First Amendment to Restatement Qf Deed of Declaration contained in Insrrument by and betWeen Landmark Limited Partne¡-smp HI, a Wisconsín limited Partnership; Spicer Enterprises, Inc., a WiSconsin corporation; Thomas S. Timmers; John Pfefferle, Harry J. Wendlandt and Thomas J. Janssen, dated October 17, 1986 and recorded in the office of the Register of Deeds on May 19, 1987, as Document No. 680392. Easement, granted by and betWeen by 44 Drive-In Th~tre, Inc., S-M, Inc. of Oshkosh and Roger Benjamin, Trustee by an instrument dated July 16,1971, recorded in the office of the Register of Deeds on July 29, 1971, in Volume 1313, page 117, as Document No.410187. Agreement contained in Instrument execUted by and between The Marcus Corporation, a Delaware corporation on behalf of itself and all of its subsidiaries, including Oshkosh Theatres Corporation, a Wisconsin corporation and Spencer's Oshkosh 'Bowl, Inc. and Spencer's Kenosha Bowl, rnc., both of which are Wisconsin corporations, jointly and severally, dated September 7,1978 and recorded in The office of the Register ofDceds on August 3, 1979, as Document No. 537740. Mutual Consent Agreement contained in Instrument by and between Oshkosh Theatres Corporation, a WiscoTlSin Corporation and Bank of the Conunonwealrh, a Michigan banking corporation and Freeway Enterprises, a WiscOIJSin partnership, dated November 2, 1983 and recorded in the office of the Register of Deeds on February 29, 1984. as Document No. 606390. 9. The Parties further agree as follows: A. All of the easements, benefits and burdens set fonh in this Agreement are intended to and shall be construed as covenants running wiTh the land, binding upon, and inuring to The benefit and burden of and enforceable by the Parties hereto and their heirs, personal representatives, SUCcessors and assigns. Upon any Party's conveyance of all of its interest in its respective pw:cel, the transferring Party shall be relieved of any further liability under this Agreement arising on or after the date of said transfer and such transferee shall be deemed to have assumed all obligations of the transferor hereunder. B. The Parties, and their respective heirs, personal representatives, successors and assigns, may enforce their rights under this Agreement in any manner provided by law or equity, including without limitation, a suit for damages or injunctive relief. In the event of any litigation. or mediation to enforce the provisions of this Agreement, the prevailing party by final court or mediation order shall be entitled to recover, as part of the judgment, its reasonable attorney fees and COSts. C. This Agreement shall be governed and construed in accordance with the Jaws of the State of Wisconsin. D. No declaration or amendrneot shall be effective to add to, change, modify, waive or discharge this Agreement in whole or in part, unless such declaration is in writing and signed by all Parties bound hereby. 7 Sep,13. 2004 10:27A.M 1'10.0855 P 9 E. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. F. No delay or omission by any of the Panies obligated hereunder to exercise any right or power accruing upon any non-compliance or failure of perfonnance by another Party under the provisions of this Agreement shall impair any such right or power Or be construed to be a waiver thereof. A waiver by any such Party hereunder of any of the covenants, conditions or declarations hereof to be performed by another shall not be coll>-rrued to be a waiver of any succeeding default hereunder of any other covenant, condition or declaration herein contained. G. No!hing contained herein will be deemed to be a gift or dedication of any portion of the Parking Facility to the genera! public, or for !he general public, or for any public purpose whatsoever. 10. The panies agree that in the event B & G Realty, Inc. does not acquire the approximately 7,500 square foot parcel of land described as part of the Theatres Property, this Agreement shall be rendered null and void in its entirety. IN WI1NESS WHEREOF, Landmark, U.S. Oil, Golden China and Theatres have executed this Parking Easement and Maintenance Agreement so as to be effective on the date first above written. LANDMARK LIMITED PARTNERSHIP ill ~f~~~ ,- /~ , id.-. ' C By: \ A¿-:U7-W¿::;:-. NaIIle: .')¡:." v..j" ~ Title: .'<. ,4,2 'y",;,¡ e;:'" . J ¿~--? . 5"<:'4'<., .-<- b . 4 u.s. on. co.. INC. By: ~,. æ By: 'Ì'J' i\ I.. )l.LL '-h::¡ l ' N_, -', '~id< N_, ~'~d' M, y~ Title: President Title: General Counsel 8 Sep.13. 2004 10:27AM 1\10 0855 p. 10 APPLETON THEA"£RES COR1>ORATION f1kja OSHKOSH Tm:A"£RES COQ.PORATION ~ B~ Thomas F. Kissin B & G REALTY, INC. '7 By, ~ ç'7 téu lOll in ang '-' GOLDEN CHINA . /71 ~~. .' ':/J/J . By' 'Chow Yuk lien ACKNOWI"EDGMENTS STATE OF WISCONSIN ) )ss ) WINNEBAGO COUNTY ';~:jPerson.allY. came be~ore~e on this ~..~daYOf .í\~ ~ l ,199.6, the above named- "",<>.Iri. A.\)~1'd...", and . 'NIl' F. ,~l ,<:\'I; as\)C1."\,~,~\.-- and \ .."... ï: N '1... V . respectively, of Landmark Limited Partnership III, tò me known to be the pèrsons who executed the foregoing instrument and acknowledged the same. ç ".. ......:-; \\. /~Q i!...o.-v".....s..-. Notary Public, Sta!e of Wisconsin b My Commission: \\ - \'ì- \~ 1 c: \easement\parkgma. înt 9 SeD.IS. 2004 10:27AM 110.0855 p. 11 STATE OF WISCONSIN ) ) ss ) WINNEBAGO COUNTY Personally came before me op. t4is the.l.Q.th.. day of Jl',ð.y .1996, the above named ~~Rm~~.A. and M~~~~~'e M. as President and Gen. Coun~eJrespectively,ofU.S. Oil Co., to me known to be the persons who executed the foregoing instrument and acknowledged the same. ."-'j . .' ~ I . .~ ! '~f. "------ ~ t .. --"",- Notary Public, State 0 WIsconsIn My COmmission; -~/IIc/r:;.f<- STATE OF WISCONSIN ) ) ss ) MILWAUKEE COUNTY PersonalIy came before me on fuis the 27th day of March, 1996, the above named Thomas F. Kissinger and Bruce 1. Olson as Secretary and President, respectively, of Appleton Theatres Corporation, formerly known as Oshkosh Theatres Corporation, to me known to be the persons who executed the foregoing instrument and acknowledged the same. b ì~,,-- h..~J........ t\r" n'-\< S":(o:,/ Notary Public, State of sconsili MyConunission: ~ J ê) sJ '14 STATE OF WISCONSIN ) ) ss ) MIL W AUIŒE COUNTY Personally came before me on this the 27th day of Mareh, 1996, the above named Thomas F. Kissinger and Bruce J. Olson as Secretary and Assistant Vice President, respectively, of B & G Realty, Inc., to me known to be the persons who executed the foregoing instrument and acknowledged the Same. . Î\4i.,."J1- /~Yk~' ~ {";r,..-vJ..: 5"-f&"..- ~~~:~~~~~~te ~~() :j'Çn;fn JO Sap.13. 2004 10:28.AM STATE OF WISCONSIN ) )ss ) WINNEBAGO COUNTY 110.0855 p. 12 Personally came before me on this the-1~y of ~ ~ . ,1996, the above named !ou Ming Sang and Chow Yule Chuen to me knowni1ó.~. r1¡e pel.'". .~. e persons who executed the foregoing 1IIStt'ume.nt and acknowledged the same. ~ c"'": ~ ~g'1'I\I' S £. !'c4w¿J.. Notary Public, State ofWisconsïn My Commission: é/-G- ç 7 THIS INSTRUMENT DRAFTED BY: Linda R. Treland Marcus TheatIes Corporaûon 250 East Wisconsin Avenue Suite 1750 Mìlwaukee, Wisconsin 53202-4220 State Bar Member No. 1001106 11 Sep.13. 2004 10:28A.M PROPOSED D¡;VELOPE~ IT LANDMARK PLAZA 300 S. KOELLER ST. OSHKOSH. WI 54901 No.O855 P 13 ..... """" ...... =-.:;,.."":'!- SITE PLAN 5;;;'~~ ._-~ i EX H 113fT A ..