HomeMy WebLinkAbout08-132APRIL 22, 2008 08 -132 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT
INITIATED BY: PARKING UTILITY
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Proposal with Stapel Properties LLC for a parking lot lease agreement is hereby approved
and the proper City officials are hereby authorized to execute and deliver the agreement in
substantially the same form as attached hereto, any changes in the execution copy being
deemed approved by their respective signatures, and said City officials are authorized and
directed to take those steps necessary to implement the terms and conditions of the
Agreement.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 509 - 1717 - 6440 -00000 — Parking Utility — Other Rental
�
PARKING LOT LEASE
This AGREEMENT FOR LEASE OF PARKING is made this _22nd_ day of April,
2008, between Stapel Properties LLC, a Wisconsin limited liability corporation with its
principal offices located at 427 N. Main St., Oshkosh, WI 54901 (LESSOR), and the City
of Oshkosh, a Wisconsin municipality with its principal offices located at 215 Church
Avenue, P. O. Box 1130, Oshkosh, WI 54903 -1130 (LESSEE), as follows:
1. Inconsideration of the agreements contained herein, Lessor agrees to lease to Lessee,
and Lessee agrees to lease from Lessor, certain premises for parking stalls to be
added to the City's West 400 Block Parking Lot, more particular described as follows:
The southeasterly 12 feet of Lot 4 and the southeasterly 10 feet of the
southwesterly 60 feet of Lot 9 all in the W.W. Wrights 2nd Addition
Block A, and in the SW 1/4 of the NW 1/4 of Section 24, Township 18
North, Range 16 East, 7th Ward, City of Oshkosh, Winnebago
County, Wisconsin,
2. The six (6) stalls currently designated as long term parking may remain or may be
amended to 90- minute free parking without Lessor's consent. The remaining stalls are
to remain 90- minute free parking unless both parties consent to any change, such
consent shall not be unreasonably withheld.
3. Lessee shall pay as rent the annual sum of ONE AND 00/100 DOLLARS ($1.00),
payable by January 1 of each year.
4. Lessor shall pay all real estate taxes at the amount levied in December 2005 (or less
should taxes decrease.) Lessee shall pay all taxes on the leased property shown in
section 1 above the December 2005 amount. In addition, Lessee assumes all
responsibility for maintaining the subject premises as public parking Lessor shall have
no responsibility or liability for Lessee's activities under this agreement.
5. The lease term commences upon execution of this document and shall continue at one -
year increments beginning January 1, 2008. This lease is automatically renewable for
one year. Either party may terminate this lease in writing to the other party, at the
respective address listed above, on or before November 30 of any lease term.
6. The parties may amend this agreement from time to time in the same manner as the
original agreement was executed. The document contains the entire agreement of the
parties. This agreement grants no easement to Lessee.
LESSOR
STAPEL PROPERTIES LLC
By:
James A. Stapel, Member
And:
Carl A. Stapel, Member
This Agreement was drafted by:
Lynn A. Lorenson, Acting City Attorney
Oshkosh, WI 54903 -1130
LESSEE
CITY OF OSHKOSH
a Wisconsin municipality
John Fitzpatrick, Acting City Manager
2
Pamela R. Ubrig, City Clerk