HomeMy WebLinkAboutMill on MainACCESS LICENSE AGREEMENT
Document Number I Document Title
License Agreement between the CITY OF OSHKOSH, WISCONSIN, a
.sin municipal corporation (City of Licensor), and MILL ON MAIN Ph 1, LLC, a
.sin limited liability company (Mill on Main or Licensee)
DOC# 1955922
SUSAN SNYDER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
11/05/2025 02:17 PM
RECORDING FEE: 30.00
PAGES: 8
Recording Area
Name and Return Address
City Attorney Office
PO Box 1130
Oshkosh, WI 54903-1130
0303390300
Parcel Identification Number (PIN)
T-WALL (MILL ON MAIN) PHASE 1 SIDEWALK LICENSES FOR CITY OF OSHKOSH RIVERWALK PROPERTY
LICENSE 1:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST'/4 OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55°29'06"E, 79.07 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 1
TO THE POINT OF BEGINNING; THENCE N06°09'34"E, 2.80 FEET; THENCE N36°52' 12"E, 16.51 FEET;
THENCE S54-03'25"E, 11.07 FEET; THENCE S36°52' 12W, 15.06 FEET; THENCE S06°09'34"W, 4.13 FEET TO
A POINT ON SAID NORTHEASTERLY LINE; THENCE N55029'06"W, 11.76 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING. SAID AREA CONTAINS 211 SQUARE FEET, MORE OR LESS.
LICENSE 2:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST'/4 OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55°29'06"E, 145.46 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT
1 TO THE POINT OF BEGINNING; THENCE N38°41'54"E, 21.69 FEET; THENCE S64°40' 16"E, 11.29 FEET;
THENCE S38°41'54"W, 23.50 FEET TO A POINT ON SAID NORTHEASTERLY LINE; THENCE N55°29'06"W,
11.01 FEET ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 248
SQUARE FEET, MORE OR LESS.
LICENSE 3:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST''/4 OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55°29'06"E, 228.29 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT
1 TO THE POINT OF BEGINNING; THENCE N37°51'59"E, 29.30 FEET; THENCE S55°36'49"E, 10.01 FEET;
THENCE S37051'59"W, 29.33 FEET TO A POINT ON SAID NORTHEASTERLY LINE; THENCE N55°29'06"W,
10.01 FEET ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 293
SQUARE FEET, MORE OR LESS.
Drafted by:
Emily Tardiff
Oshkosh, WI54903-1130
October 14, 2025
ACCESS LICENSE AGREEMENT
1. Parties: City of Oshkosh, Wisconsin Municipal Corporation with a principal address of 215
Church Avenue, Oshkosh, WI 54901 (City or Licensor) and The Mill on Main Ph 1, LLC, a
Wisconsin limited liability company with a principal address of 1818 Parmenter St, Suite 400,
Middleton, WI 53562 (Mill on Main or Licensee)
2. Effective Date: The �4 day off; 2025.
Term: The initial term of this license shall be ten (10) years from the Effective Date. There shall
thereafter be six (6), five (5) year renewal terms unless either party sends the other a notice of
non -renewal no more than one hundred eighty (180) days and no less than ninety (90) days before
the end of the initial term or the end of the first renewal term. If both renewal terms are in effect,
then this License shall expire without further notice at the completion of the second renewal term.
The parties may renegotiate at any time, although neither party is required to renegotiate any term
or agreement. At the point of non -renewal or the expiration of this License, each party shall work
with the other to ensure execution of all documents necessary to clear any property title or to
otherwise ensure it is clear to 3 parties that this License Agreement is no longer in effect.
4. Termination: Licensor may terminate this License Agreement at any time for any breach of any
material term of this Agreement provided, however, Licensor gives Licensee written notice and
allows sixty (60) days for Licensee to remedy the problem. If the problem is not remedied, then
this Agreement shall terminate without further action at the end of the sixty (60) day period and
Licensee shall as soon as practicable return the License Areas to a condition substantially similar
to the condition before Licensee's use.
5. Purpose: Mill on Main has developed a residential and commercial redevelopment near property
the City owns and on which the City's public River Walk has been developed. Mill on Main seeks
to construct and maintain pedestrian connections between its development and the City'sliver
Walk. The pedestrian connections are comprised of several smaller connections comparable to
sidewalks between residential dwelling units and the River Walk.
6. License: Licensee desires to use parts of Licensor's Property between the Fox River and
Licensee's property known as 700 S Main St, Tax ID number, 90301390300. The License Area
consists of four (4) pedestrian path connections to the public River Walk.
a. The legal descriptions for four (4) License Areas is attached as Exhibit A. A map
showing the location of the four (4) License Areas is attached as Exhibit B.
b. Licensor will allow Licensee to use the License Areas upon the terms, covenants and
conditions described in this Agreement. Subject to and in accordance with the terms and
conditions of this Agreement, Licensor hereby grants to Licensee a nonexclusive license
to use the areas described in Exhibits A and B for pedestrian access between Licensee's
property and the Licensor's public River Walk.
c. The License Areas may be lawfully used by Licensee's employees, contractors, tenants,
invitees, and any other person authorized by Licensee.
October 14, 2025
d. The Licensor must approve the hard surfaces to be installed in the License Area prior to
installation. Licensee currently intends to install poured concrete in the four (4) License
Area. Licensee may install alternative surfaces upon approval of Licensor.
The License Areas, and the Licensor's larger property, is subject to Wisconsin
Department of Natural Resources jurisdiction. Therefore, Licensee shall not dig or insert
any object more than twelve (12) inches from the current surface elevation without
approval of the City.
f. Licensee shall not install anything other than an approved hard surface in the License
Area, along with grass surrounding the hard surface. Prohibited installations include
posts, signs, or other landscaping installed in the License Areas.
g. Licensee shall be responsible for all maintenance within the License Area.
7. License Fee/Consideration: There shall be a fee of zero dollars ($0.00) for the license. The parties
agree that Licensee benefits from the access as an amenity of its development, and Licensor
benefits through Licensee's agreement to maintain the License Areas.
8. Compliance. The License Areas are located in the City's River Walk, which is a designated City
Park. Licensee will comply with all City park policies, along with all local, state, and federal laws
and regulations now in force, or which may hereafter be in force, pertaining to the License Area
and the use thereof by Licensee.
9. Limitations. This Agreement is not intended to be and shall not be considered a conveyance of
the License Area by Licensor to Licensee, nor to confer upon Licensee any right, title, estate or
interest in the License Area, except as provided herein.
10. Assi ument. This License Agreement does not attach as an interest in real estate and therefore is
not automatically transferred upon conveyance, nor binding on the parties' successors in interest.
However, this Agreement will be recorded to ensure notice of the limitations of this Agreement
and of the License Areas. Licensee shall not assign, transfer or otherwise encumber this
Agreement, or the License granted hereby, nor shall Licensee permit any other person or entity to
use or occupy the License Area other than as contemplated by the terms of this License, unless
agreed to by Licensor. In the event Licensee seeks to convey or transfer its property, including the
benefit of this License, then upon or prior to any such contemplated conveyance, the Licensor
agrees to negotiate in good faith with the contemplated licensee(s) thereof a new License
Agreement that balances the public's investments and interests in using, maintaining, and
protecting the River Walk with the Licensee's investments in the private improvements. These
discussions will begin with the terms of this agreement. Such request for a new License
Agreement will not be unreasonably denied.
11. Indemnification. Licensee shall defend, indemnify and save harmless the City of Oshkosh, and its
officers, Council members, agents, employees, and authorized volunteers (Indemnified Party") to
the extent the event at issue was caused by a condition or reasons related to the License Area.
This indemnification includes all liabilities, obligations, damages, penalties, suits, actions,
demands, fines, losses, claims, costs, charges and expenses, including, without limitation,
October 14, 2025
reasonable attorney's fees, which may be imposed upon or incurred by or asserted against
Licensor and/or its Indemnified Parties for reasons described herein. The reasons for
indemnification include (i) any accident or injury to any person (including death resulting
therefrom), or damage to property occurring to Licensor's property in any way related to
Licensee's use, occupancy, access to or egress from the License Area; or (ii) any negligence or
willful misconduct of Licensee, its employees or contractors in connection with the use of
License Area. The Indemnified Party will promptly notify Licensee in the event it receives
written notice of a claim that the Indemnitee believes is subject to indemnification under this
paragraph (provided that failure to do so will only relieve Licensee of its obligations to the extent
Licensee establishes that it has been prejudiced by such failure). The Indemnified Party will
cooperate with Licensee, at the Licensee's reasonable expense, in the defense or settlement of the
claim, and the Indemnified Party may, at its own expense, elect to participate concurrently in the
defense. The provisions of this paragraph shall survive the expiration or earlier termination of the
term of this License Agreement.
12. Insurance. Licensee shall maintain commercial general liability insurance including bodily injury
(including death) and property damage insuring Licensee with minimum coverage of at least
$1,000,000 per claim. Licensee shall provide proof of insurance to Licensor upon request.
13. Notices. Any notice, statement, demand or other communication required to be given or made by
either party to the other pursuant to this Agreement or pursuant to any applicable law or
requirement of public authority, shall be in writing and shall be deemed to have been properly
given if sent by first class mail, postage prepaid or by overnight delivery or electronic
transmission with confirmation of delivery to the following:
Licensor: City of Oshkosh
c/o Parks Director
PO Box 1130
Oshkosh, WI 54903-1130
Licensee:
The Mill on Main Ph 1, LLC
1818 Parmenter St., Suite 400
Middleton, WI 53562
14. Limitation of Liability. Under no circumstances shall the Licensor have any liability for any
direct, indirect, special, consequential, or punitive damages, losses, costs, claims, penalties, fines,
or judgments incurred by Licensee, its agents, employees, invitees, consultants, or contractors.
15. Miscellaneous. This is the entire Agreement of the parties and supersedes any prior agreements,
whether oral or written, between the parties with respect to the subject matter hereof. No
amendment or modification shall be effective unless in writing executed by both parties.
SIGNATURE PAGE FOLLOWS
October 14, 2025
IN WITNESS WHEREOF, Licensor and Licensee have executed this License Agreement as of the date
and year first above written.
LIC OR: City of Oshkosh
By
Rebecca N. Grill, City Manager
STATE OF WISCONSIN
By:
City Clerk"
',
) ss.
WINNEBAGO COUNTY )
�o1r 'OCIVAa sakMaS
Personally came before me this of, 2025, the above named Rebecca Grill and eke, on
behalf of the City of Oshkosh, to me known to be such persons who executed the foregoing instrume
,O ;
and acknowled ed the same, for the purpose herein contained. ,�OF 111111
g P P uuu,,,���"
Notary Pub ic, State of Wisconsin
My Commission expires: O 3 / 2 (P /2 a Zq
APP.; VED AS TIA FORM:
t—yWIK Lorenson, ty Attorney
LICENSEE: The Mill on Main Ph 1, LLC, a Wisconsin limited liability company
By: T. Wall Enterprises Manager, C a Wisconsin limited liability company, its Manager
AqNNEBAGG COUNTY
Personally came before me this ZI day of GF. 2025, the above named Terrence R. Wall, to me known
to be the person who executed the foregoing instrument on behalf of Mill on Main Ph 1, LLC.
�l�reo � ✓lic^c�LL
N t c o t e �i-e ��O— ePi (print name)
Notary Public, State of Wisconsin
My Commission expires: pammen+
Drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin
October 14, 2025
T-WALL (MILL ON MAIN) PHASE 1 SIDEWALK LICENSES FOR CITY OF OSHKOSH RIVERWALK PROPERTY,
TAX ID 90301360000
11014,110169
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST''/a OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE 555'29'06"E, 79.07 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT 1
TO THE POINT OF BEGINNING; THENCE N06'09'34"E, 2.80 FEET; THENCE N36°52'12"E, 16.51 FEET;
THENCE S54°03'25"E, 11.07 FEET, THENCE S36°52'12W, 15.06 FEET; THENCE S06'09'34"W, 4.13 FEET TO
A POINT ON SAID NORTHEASTERLY LINE; THENCE N55°29'06"W, 11.76 FEET ALONG SAID NORTH LINE
TO THE POINT OF BEGINNING. SAID AREA CONTAINS 211 SQUARE FEET, MORE OR LESS.
LICENSE 2:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST % OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55°29'06"E,145.46 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT
1 TO THE POINT OF BEGINNING; THENCE N38'41'54"E, 21.69 FEET; THENCE S64°40'16"E,11.29 FEET;
THENCE S38°41'54"W, 23.50 FEET TO A POINT ON SAID NORTHEASTERLY LINE; THENCE NSS'29'06"W,
11.01 FEET ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 248
SQUARE FEET, MORE OR LESS.
LICENSE 3:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST''/< OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 10F SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55'29'06"E, 228.29 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT
1 TO THE POINT OF BEGINNING; THENCE N37°51'59"E, 29.30 FEET; THENCE S55°36'49"E, 10.01 FEET,
THENCE S37'51'59"W, 29.33 FEET TO A POINT ON SAID NORTHEASTERLY LINE; THENCE N55°29'06"W,
10.01 FEET ALONG SAID NORTHEASTERLY LINE TO THE POINT OF BEGINNING. SAID AREA CONTAINS 293
SQUARE FEET, MORE OR LESS.
EXHIBIT A (1 of 2)
LICENSE 4:
BEING PART OF LOT 3 OF CERTIFIED SURVEY MAP NUMBER 8005, RECORDED AS DOCUMENT NUMBER
1899509, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHWEST''/a OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY WISCONSIN,
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHERNMOST NORTHWEST CORNER OF LOT 1 OF SAID CERTIFIED SURVEY
MAP NUMBER 8005; THENCE S55°29'06"E, 350.34 FEET ALONG THE NORTHEASTERLY LINE OF SAID LOT
1 TO THE POINT OF BEGINNING AND BEGINNING OF A 82.98-FOOT RADIUS CURVE TO THE RIGHT;
THENCE 35.40 FEET ALONG SAID CURVE WHOSE CHORD BEARS N69°09'23"E, 35.13 FEET; THENCE
S50°18'17"E, 22.27 FEET TO THE BEGINNING OF A 67.98-FOOT RADIUS TO THE LEFT; THENCE 37.61 FEET
ALONG SAID CURVE WHOSE CHORD BEARS S78°06'58"W, 37.13 FEETTO A POINT ON SAID
NORTHEASTERLY LINE; THENCE N55°29'06"W, 16.55 FEET ALONG SAID NORTHEASTERLY LINE TO THE
POINT OF BEGINNING. SAID AREA CONTAINS 542.82 SQUARE FEET, MORE OR LESS.
EXHIBIT A (2 of 2)
NORTHERNMOST
NORTHWEST CORNER OF
LOT 1 CSM 8005
O�
SIDEWALK
LICENSE
AREA 1
>90� L I
ry
v
SIDEWALK
Point of �6• L5 LICENSE
Beginning �j AREA 2
Area 1 SA6 -
u' , vb
CSM 8005
!col, LOT 3
Point of
Beginning `rsSa
SIDEWALK
�!o
�! 06""
LICENSE
°►
AREA 3
'
11
�Ol,
Point of
` Beginning
Area 3
�
SIDEWALK
LICENSE
X
!!?
AREA 4
CSM 8005 '
c�
!�
LOT 1
!aa C2:
�
s
�
Point of
�� i •"
Beginning
'
i
Area 4
�.
LINE TABLE
Li: N06'09'34"E, 2.80'
L2: N36052' 1 2"E, 1 6.51'
L3: S54a03'25"E, 11.07'
L4: S36°52' 1 2W, 1 5.06'
L5: S06°09'34"W, 4.13'
L6: N38041 ' 54"E, 21 .69'
L7: S6404,0' 1 6"E, 1 1 .29'
L8: S38041'54"W, 23.50'
L9: N37051'59"E, 29.30'
L10: S55036'49"E, 10.01'
L11: S37°51'59"W, 29.33'
L12: S50ol8' 17"E, 22.27'
0 = BEGINNING, END OR CHANGE
IN DIRECTION OF AN ARC OR LINE
SIDEWALK LICENCES TO
I inch equals 50 feet
T -WALL ENTERPRISES
1 inch equals 0.009 miles
-EXHIBIT B (1 of 1)
25 12.5 0 25 50
City
Feet
Of
Cityol Oshk—h map,—ddta ora intended to be zedfo,general Idenlfication ptaposes only, and the 0yof Oshkosh
assumes ro Gab'dity for the accuracy of the mfonn f— Tlwse using the information a,a 2sp—lble fo,venTAV accuray. Fo,
nadaa�me,pleoegotoc[.o,hw,nw.asresdmclkmer
Printing Date:10/6/2025
Preporedby.CiyofOshkosh, W1
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