HomeMy WebLinkAboutKing's Laundry EasementLimited, Temporary
Non -Exclusive Easement
Document Number Document Title
THIS Easement Agreement is entered into this 16th day of May,
2025, between the CITY OF OSHKOSH, 215 Church Avenue,
Oshkosh, Wisconsin 54901, (hereinafter "City" or "Grantor") and
King's Laundry, Inc. (d/b/a Gunderson Cleaners, Inc.) 41 Main St
Menasha, Wisconsin 54901, (hereinafter "Grantee").
IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration paid by Grantee, the receipt
of which is hereby acknowledged, Grantor does hereby give and
grant unto Grantee, its successors and assigns, and Grantee accepts,
a limited, temporary, non-exclusive easement (the "Easement")
over, under, and through Grantor's Property as hereinafter
described.
ling Area
and Return Address
City Attorney's Office
PO Box 1130
0100830000
Parcel Identification Number
(PIN)
EASEMENT PURPOSE: The purpose of this limited, temporary, non-exclusive
Easement is to provide Grantee, its employees, representative, agents, and consultants, the
right to conduct environmental investigation activities, including installation of an
environmental monitoring well, to enter upon and access the Property at reasonable times
to inspect, accumulate information, and verify conditions for as long as the monitoring
well is required by the Wisconsin Department of Natural Resources (WDNR) or other
state or federal regulatory body.
2. LIMITED, TEMPORARY, NON-EXCLUSIVE: Grantee's use of the Easement Property
will be limited, temporary, and non-exclusive. The proposed location of the
environmental investigation activities is located in a portion of a city public parking lot
and adjacent to the city downtown transit center. Grantee will not have exclusive use of
the area where the environmental investigation activities is proposed to be located,
although Grantor agrees that it will not and will cooperate with Grantee to discourage
others from interfering with, damaging, or disrupting the environmental investigation
activities or access to the environmental investigation activities.
Grantee's Easement rights are temporary and will end when all applicable governing
bodies have released the Grantee from further investigation and monitoring in relation to
the proposed well to be located on the property identified below and Grantee has removed
the monitoring well.
3. PROPERTY: A limited, temporary, non-exclusive Easement within the Property is
granted by the City, and accepted by Grantee over, under, and through certain land
situated in the City of Oshkosh, Witmebago County, Wisconsin (the "Property"),
described as follows, and shown on Exhibit A:
15, 2025
Property located in the City of Oshkosh, Winnebago Colmty, Wisconsin, and more
particularly described as:
LOTS 5 THRU 9 & 12 ALSO THAT PRT OF LOT 10 DESC AS BEG AT MOST SLY COR LOT 10
NELY ON SELY LI LOT 10 50 FT SWLY TO A PT ON SWLY LI LOT 10 THAT IS 20 FT NWLY
FROM BEG SELY ON
The Property described includes only the specific portion of the City's larger parcel
necessary for location of the monitoring well. The parcel in which the Property is located,
includes public parking and access and may be used by Grantee for the purpose of access to
the monitoring well as described below.
4. EASEMENT RIGHTS/I,IMITATIONS: Grantor grants, and Grantee accepts, a temporary,
non-exclusive Easement over, under, and through the Property to conduct environmental
investigation activities, including installing a monitoring well, as described in this Easement
Agreement. The rights and limitations of this Easement are as follows:
a. Grantee will be conducting environmental investigation activities, including installing the
monitoring well on public transit center property. To that end Grantee shall take the use
of the property into consideration when installing, maintaining, repairing, removing, or
replacing the monitoring well.
b. Grantee shall be allowed to install, maintain, repair, replace, and remove a monitoring
well at the location described in this Easement Agreement. Grantee may use other parts
of the Property described to conduct environmental investigation activities and access the
monitoring well. However, Grantee's access is subject to other existing facilities,
features, and uses of the Property.
c. The cost of conducting environmental investigation activities, including the installation,
inspection, maintaining, repairing, replacing, and eventually removal shall be at
Grantee's sole expense.
d. The use of the Easement includes monitoring only, and does not include or allow any
environmental remediation that may arise from such monitoring.
5. MAINTENANCE: Except as otherwise described in this Agreement, Grantor and Grantee
shall be responsible, at their own expense, for inspection, maintenance, repairs, and
replacements of their respective property and facilities within the property.
a. In general terms, City is responsible for routine maintenance and repair of its property,
including the surface and any of its facilities below the surface. Examples of routine
surface maintenance include care of grass, trees, shrubs, and other vegetation, and
maintenance of hard surfaces and other improvements.
b. Grantee is responsible for conducting environmental investigation activities, including
periodic inspections, routine maintenance and repairs of its monitoring well while being
used, and the removal of the monitoring well at the completion of the testing, whether a
part of the monitoring well is above ground or underground. Grantee is responsible for
all damages sustained by the Grantor or others caused by Grantee's use of the Easement.
April.15, 2025 2
Grantee's responsibilities related to the surface include returning the surface area to a
condition that is the same or similar to its condition prior to any maintenance, repairs, or
other work related to Grantee's use of the Easement.
c. Grantee shall be responsible for the cost of repairing or replacing any damage to the
Grantor's facilities as may be required by the City, including without limitation
driveways, drive aisles, parking areas, landscaping, storm water drainage, bio-filtration,
lighting, and electrical facilities which is damaged or altered by Grantee's use of the
Easement Property.
d. The monitoring well shall be abandoned when no longer required by any governing body.
Upon receiving any notice approving the abandonment of the monitoring well allowed by
this Easement Agreement, Grantee shall promptly notify City of the same and make
arrangements for the prompt removal of the monitoring well.
e. The Monitoring well that is abandoned must be removed no less than thirty-six (36)
inches below the surface level, and thereafter abandoned pursuant to WDNR and/or
USE13A requirements. Upon abandonment of the monitoring well the Property shall be
returned to a condition that is similar to the property adjacent to the monitoring well.
6. USE OF EASEMENT BY OTHERS: City agrees that the WDNR, USEPA, and their
respective representatives, contractors and subcontractors may access the Easement Property
to inspect the monitoring well pursuant to this Easement Agreement. In addition, Grantee
may temporarily assign its rights and obligations identified herein to any contractor, third
party, or other person. Assignees must demonstrate to Grantee that they have sufficient
competence and must give adequate assurances that any work to be performed in or around
the Easement areas shall be conducted in a skillful manner. Grantee shall be responsible for
any actions, injuries or property damage caused by Grantee's assignees to the same extent as
if such injury or damage was caused by Grantee itself.
HOLD HARMLESS AND INDEMNIFICATION. Grantee covenants and agrees to protect
and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or
character whatsoever which may in any way be caused by or result from the intentional or
negligent acts of the Grantee, its agents or assigns, employees or subcontractors related to the
construction, maintenance or location of the monitoring well on the Easement Property or be
caused or result from any violation of any law or administrative regulation, and shall indemnify
or refund to the City all sums including court costs, attorney fees and punitive damages which
the City may be obliged or adjudged to pay on any such claims or demands within thirty (30)
days of the date of the City's written demand for indemnification or refund.
City agrees to provide liability protection for its officers, employees and agents while acting
within the scope of their employment. City incorporates into this agreement and relies upon
its municipal limitations and immunities contained within Wisconsin law. City's municipal
immunities and limitations incorporated include, but are not limited to, Sections 345.05,
893.80, and 893.83, Wisconsin Statutes. The aforementioned damage limits, caps and
immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the
City and its agents, officers, and employees.
April15, 2025
8. DEFAULT: Except for emergency circumstances, if either party reasonably believes that the
terms of this Easement have been breached, then written notification of the alleged breach
shall be delivered to the other party. Any party in breach shall have sixty (60) days to cure
any actual breach. In emergency circumstances, the Grantee may immediately take all
necessary actions to protect the safety and functioning of the monitoring well. Similarly, in
the event of an emergency City may act immediately and take all necessary actions to protect
those using the Property from any issues related to the monitoring well.
9. TERM: This Easement is intended by the parties to be temporary and shall expire on the
earlier of: December 31, 2026 or Grantee's removal of the monitoring well. It is the intention
of the parties that this Easement shall not expire until such time as WDNR and/or the USEPA
approves the abandonment by Grantee of the monitoring well; to that end, in the event that the
results of Grantee's monitoring require additional time prior to WDNR and/or USEPA
approval of abandonment, the parties agree to act in good faith to negotiate any subsequent
Easement Agreements that may be necessary.
10. RECORDING. This document shall be recorded with the Winnebago County Register of
Deeds at Grantee's expense.
11. WAIVER: No delay or omission by any party to this Easement Agreement in exercising any
right or authority related to a term or condition shall be construed as a waiver of that right or
authority. However, the notice and opportunity to cure provisions herein shall remain a
prerequisite to malting a claim of default against the other party.
12. INVALID TERMS: If any term or condition of this Easement Agreement shall be held
invalid or unenforceable by a court of competent jurisdiction, then the remainder of this
Easement Agreement shall continue to be valid and enforceable to the fullest extent permitted
by law.
13. NO THIRD -PARTY BENEFICIARY: The terms' of this Easement Agreement are for the
benefit of the two parties identified. It is not the intention of either Grantor or Grantee that
other persons or parties shall acquire any rights to enforce or benefit from through this
Easement. Neither WDNR nor USEPA shall obtain or retain any rights or benefits through
this Agreement, other than access rights as specifically described in this Agreement.
14. GOVERNING LAW: This Agreement shall be construed and enforced in accordance with
the laws of the State of Wisconsin. Venue for any action regarding this Agreement shall be
the Winnebago County, Wisconsin, Circuit Court or, if a federal court action, then the
appropriate district and/or branch within which Winnebago County is located.
15. NOTICES: Any notices required by this Easement Agreement shall be in writing and
delivered via certified mail, return receipt requested, or by overnight commercial courier, as
follows. Changes to these addresses shall be in writing. In addition to formal notification,
both parties agree to take reasonable measures to keep the other party informed of issues or
questions regarding the Easement Property.
April15, 2025
FOR THE GRANTOR:
City of Oshkosh
c/o Director, Transportation Department
215 Church Avenue
Oshkosh, WI 54903-1130
With a copy to:
City of Oshkosh
City Attorney
215 Church Avenue
Oshkosh, WI 54903-1130
FOR THE GRANTEE:
Gunderson Cleaners, Inc.
41 Main Street
Menasha, WI 54901
With a copy to:
Hulling & Cayo
c/o Andy Skwierawski
320 East Buffalo Street
Suite 700215 Church Avenue
Milwaukee, WI 53202
16. AUTHORITY: Grantee affirms that all approvals for this Easement Agreement necessary
according to its corporate structure have been obtained and have approved the acceptance of
the terms of this Easement Agreement, and that the undersigned has the authority to sign this
Easement Agreement on behalf of Grantee. The City affirms that all necessary boards and
elected officials have approved the granting of this Easement, and that the undersigned have
the authority without limitation to enter into this Easement Agreement.
IN WITNESS WHEREOF, said Grantor and Grantee have hereunto set their hand and seal the day
and year first above written.
(Signature Page to follow)
This instrument drafted by:
Attorney Lynn A. Lorenson
Oshkosh, WI 54903-1130
April15, 2025
GRANTOR / THE CITY OF OSHKOSH
By: By: 0 A g.Ai.
Rebecca Grill, City Manager Cheryl Pi e, Deputy City Clerk
STATE OF WISCONSIN )
ss.
WINNEBAGO COUNTY )
Personally, came before me this 16th day of May, 2025, the above -named Rebecca Grill and Cheryl
Pionke of the City of Oshkosh to me known to be such person(s) who executed the foregoing document and
acknowledged that they executed the same as such officers
by its authority, for the purpose therein contained.
nn A. Lorens
Notary Public, State of Wisconsin
My Commission: is permanent, State Bar #1000821
GRANTEE
By:�
.��ell
(print name (title)
STATE OF WISCONSIN
ss.
/ 9V- —
Personally, came before me this day of May, 2025, the above -named Q o
for King's Laundry, Inc. (d/b/a Gunderson Cleaners, Inc.) to me known to be such persoovho executed the
foregoing document and acknowledged that they executed the same as such officers by its authority, for the
purpose herein contained. A
41'vz� .
Notary Public, State of Wisconsin
My Commission expires: %�/�!%�a► ��.t.t.,,
April15, 2025 6