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HomeMy WebLinkAbout09-297J U LY 28, 2009 09 -297 RESOLUTION (CARRIED 6 -1 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PARKING AGREEMENTS AND ACCEPT EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR IMPLEMENTATION OF THE 400 BLOCK EAST PARKING LOT RECONSTRUCTION PROJECT INITIATED BY: CITY ADMINISTRATION & PROPERTY OWNERS PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached agreements and accept necessary easements from various property owners on the east side of the 400 Block of North Main Street for implementation of the 400 Block East Parking Lot Reconstruction Project, any changes in the execution copies 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 Agreements. Easement Document Number I Document Title THIS INDENTURE, made this day of 1VK`4 , 2009, by Madonna J. Hill, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, the receipt of which is acknowledged, the Grantor does hereby give and Recording Area grant to the Grantee a public purpose easement over, under, and through Name and Return Address the land hereinafter described. The purpose and use of the easement shall be City Attorney's Office for creating and maintaining pedestrian access to adjacent business properties Oshkosh, WI 54903 -1130 by the public. Pedestrian access allowed shall be without restriction by the Grantor provided access is for lawful access to adjacent business(es) 904 -0106 where such access is provided. The purpose and use of the easement shall Parcel Identification Number (PIN) also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lots 27 and 28, Block 40 of Leach's Map of 1894, 4th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 815.4 square feet of land, being described as follows: Commencing at the Northeast comer of said Lot 28 and the point of beginning; thence S.00 °00'24" W.39.48 feet along the East line of said Lots 28 and 27; thence N 89 °54'29 "W. 25.29 feet; thence N. 01 °29'56 "E 18.49 feet; thence 89 °53'35" W. 14.02 feet; thence N. 00 °01'01" E. 21.00 feet; thence S. 89 °54' 11" E. 38.82 feet to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall be allowed to use the easement property for vehicular traffic, but only to the extent necessary to allow access to a garage structure adjoining the easement property described herein. There shall be no parking on the easement property. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, her successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under, over, or through the easement property. The Grantor, her successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. Madonna J. Hill STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this Z day of ? Vl who executed the foregoing instrument andwkaQ1yled1 �.•2M9= J. HILL, to me known to be the persons Notary My Ca WI This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 RESERVED PARKING AGREEMENT This agreement, made thi day of I� , 2009, by and between the City of Oshkosh, a Municipal Corporation, Grantor, and Madonna J. Hill, Grantee, shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The parties agree that the terms and conditions of this Reserved Parking Agreement shall constitute a license for the exclusive use of two (2) parking spaces in the municipal parking lot described in this document, shall not attach to any real property, but instead shall constitute an agreement between the Grantor City of Oshkosh and Grantee Madonna J. Hill, personally. The purpose and effect of this Reserved Parking Agreement is to allow Madonna J. Hill, personally, the right to have access to, and full parking privileges in, two (2) parking spaces within the parking lot owned and operated by the Grantor, and located on the real property described as follows ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4" Ward, City of Oshkosh, Winnebago County, Wisconsin Upon the completion of Grantor's renovation / reconstruction of its parking lot on the above property, Madonna J. Hill shall have the benefit of two (2) reserved parking spaces for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending on the date in which Madonna J. Hill no longer maintains a permanent, full-time residence at the property commonly referred to as 456 North Main Street, Oshkosh, Wisconsin. The two reserved parking spaces shall be adjacent to one another, and will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain other properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking spaces designated by Grantor at the Grantor's sole discretion. The Grantee's right to use two reserved parking spaces as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's reserved parking spaces, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before her parking spaces become inaccessible. During periods of inaccessibility, the Grantee shall be responsible for securing alternative parking at her own expense. The Grantor agrees to maintain the parking lot and Grantee's reserved parking spaces in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking spaces identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27-49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. Grantor shall install, at its expense, signs at the front of Grantee's two parking spaces which identify the specific spaces, including stall numbers, as "Reserved Parking" or "Restricted Parking" or "Authorized Parking Only ", with the specific language selected to be at the discretion of the Grantor to ensure consistency with other restricted parking in other Municipal areas. The Grantor and Grantee agree that the Grantor shall not monitor the reserved spaces to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the spaces as they deem appropriate, jparking stickers or tags will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, an d any other applicable City Department. The Grantee does not acquire any property rights in the reserved parking spaces or in the Grantor's real property, and is not granted any right of self -help by this agreement to resolve unauthorized parking circumstance. The Grantee shall not use or occupy more than the reserved spaces identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding her reserved spaces and the traffic aisles within the parking lot. The Grantor makes no warranty, implied or otherwise, regarding the condition of the Grantee's reserved parking spaces, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the Common Council of the City of Oshkosh will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall commence on the date when the subject parking lot is completed and open for public use and shall end on the date on which Madonna J. Hill no longer maintains a permanent, full -time residence at 456 North Main Street, Oshkosh, Wisconsin. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: Madonna Hill 456 N. Main St Oshkosh, WI 54903 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space(s) in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. The City of Oshkosh retains the ability, at its sole discretion, to file this agreement of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. Madonna J. Hill, Grantee CITY OF OSHKOSH Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this known to be the persons who executed STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) ]ILL, to me Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 3 Easement Document Number I Document Title THIS INDENTURE, made this day of , 2009, by John J. Sakschek and Kathleen A. Sakschek, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easement over, under, and through City Attorney's Office the land hereinafter described. The purpose and use of the easement shall be Oshkosh, WI 54903 -1130 for creating and maintaining pedestrian access to adjacent business properties by the public. Pedestrian access allowed shall be without restriction by 904 -0095 the Grantor provided access is for lawful access to adjacent business(es) Parcel Idendfleation Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 15, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 484.6 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 15 and the point of beginning; thence S. 00 °00'24 "W. 19.02 feet along the East line of said Lot 15; thence N. 89 °41'30 "W, 25.78 feet; thence N. 01 °29'56" E., 18.93 feet to a point on the North line of said Lot 15; thence S. 89 °54' 29" E., 25.29 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of anypublic lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. It is the Grantee's intention to work around existing support structures, facilities, and improvements on and within the easement property. To the extent that the Grantee believes that the paving, landscaping or other improvements or structures it installs or constructs within the easement property will require the relocation of modification of the Grantor's existing support structures, facilities, and improvements, the Grantee will be responsible for any and all such costs associated with this relocation or modification to support structures and premise ancillaries that are currently adjoined to or reliant upon the easement area including, but not limited to, air conditioning system, apartment porch, rain gutters, exterior utility housing and piping, basement exhaust vent, etc. The Grantee will ensure that the intended use of the easement property does not adversely affect Grantor's existing support structures and premise ancillaries within and around the easement property and that they retain their intended uses, or value to the property. The Grantee shall be obligated to pay to Grantor, their successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under, over, or through the easement property. The Grantor, their successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. said Grantor has hereunto set her hand and seal the day and year first above J Ka en Ak Sakschek STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me day Abre known to be the persons who executed the oin g instrument 2009, John J. Sakschek and Kathleen A. Sakschek, to me ad acknowledged the same. This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT This agreement, made thi day of 44ay. 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and John J. Sakschek and Kathleen A. Sakschek, collectively "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), Lot 15, Block 40 of Leach's. Map of 1894, 4' Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0095 currently John J. Sakschek and Kathleen A. Sakschek, the right to have access to and full parking privileges in one (1) reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property,.the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within thac 00 Block by North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking sp designated y Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27-49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term.- - - The term of this agreement shall be for a period running consecutively commencing on the date the renovation / reconstruction is. completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: John and Kathleen Sakschek (or current property• owner of record) 4422 Sand Pit Road (or current property owner address of record) Oshkosh, WI 54904 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. Signed in the City of Oshkosh, Signed in the City of Oshkosh Winnebago County, Wisconsin, Winnebago County, Wisconsin, ) 7'e" day of JVJJ� , 2009. on this the day of , 2009. ,'Jo J. Saksc ek, Grantee Mark A. Rohloff, City Manager City Of Oshkosh, Grantor thleen A. Saksche , Grantee Pamela Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN SS. Personally came before me this W day of s 2009, JOHN J. SAKSCHEK and KATHLEEN A. SAKSCHEK, to me known to be the persons who executed the foregoing instrument and acknowledged the same. ` Notary Public, Winneb , WI My Commission: ``ii STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Easement Document Number I Document Title THIS INDENTURE, made this 4 4- dav of Lya n E_ , 2009, by TOD -MAR PROPERTY MANAGEMENT, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easement over, under, and through City Attorney's Office the land hereinafter described. The purpose and use of the easement shall be Oshkosh, WI 54903 -1130 _ for creating and maintaining pedestrian access to adjacent business properties by the public. Pedestrian access allowed shall be without restriction by 904 -0088 the Grantor provided access is for lawful access to adjacent businesses) Parcel Identification Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 5, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County Wisconsin, containing 860.8 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 5 and the point of beginning; thence S. 00 °00'24" W., 37.97 feet along the East line of said Lot 5; thence N. 89'57'14"W., 10.36 feet; thence N. 00 0 02'34 "W., 19.85 feet; thence S. 89 0 57'26 "W., 9.00 feet; thence N. 00 °02'34 "W., 4.20 feet; thence S. 89 °57'26 "W., 15.00 feet; thence N. 00 0 02'34 "W., 1.50 feet; thence S. 89 0 57'26 "W., 7.60 feet; thence N. 00 °02'34" W., 12.47 feet; to a point on the North line of said Lot 5; thence S. 89 °56'38 "E., 41.99 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for EL11 regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under, over, or through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. STATE OF WISCONSIN WINNEBAGO COUNTY SS. Personally came before me this 1 7 `1 � day of '9r�le_ , 2009, 6 A C_e -- 4 S (Name & Title), and & r�, u lam, A5tefint r' , (Name & Title),of TOD-MAk PkOPERTY MANAGEMENT,, to me known - to be such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. kC ti Not y Public, Winneb go County W-II My Commission: E'- . 1 ( - Z ( aac t c, This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT 3 ' This agreement, made this � day of-ly, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and Tod Mar Property Management, "Grantee," shall include the following terms: The consideration exchanged by the parries for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), Lot 5, Block 40 of Leach's Map of 1894, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0088 currently Tod Mar Property Management, the right to have access to and full parking privileges in one (1) . reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27 -49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels 'as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period running consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: Tod Mar Property Management (or current property owner of record) 434 N. Main St. (or current property owner address of record) Oshkosh, WI 54901 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. TOD MAR PROPERTY MANAGEMENT CITY OF OSHKOSH Signed in the City of Oshkosh, Signed in the City of Oshkosh Winnebago County, Wisconsin, Winnebago County, Wisconsin, on thi t14 day of J win °tom , 2009. on this the day of , 2009. Mark A. Rohloff, City Manager „Mrn �., City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor (print name) (title) STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of . , p _ , 2009; Q L i LIA S I_ to me known to be the persons who executed foregoing ' nt and ackn wledged th same. Nota ublic, Winnebago o ty, 7I My Commission: E i res `, 0 (0 STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Easement Document Number I Document Title THIS INDENTURE, made this --F- -- day of �� , 2009, by D & M RENTALS LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, the receipt of which is acknowledged, the Grantor does hereby give and Recording Area -- grant to the Grantee a public purpose easement over, under, and through Name and Return Address the land hereinafter described. The purpose and use of the easement shall be City Attorney's Office for creating and maintaining pedestrian access to adjacent business properties Oshkosh WI 54903 - 1130 by the public. Pedestrian access allowed shall be without restriction by the Grantor provided access is for lawful access to adjacent business(es) 904 - 0082 where such access is provided. The purpose and use of the easement shall Parcel Identification Number (PIN) also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 2, Block 40, Leach's Map of 1894 in the 4th Ward, in the City of Oshkosh, Winnebago County, Wisconsin, containing 648.5 square feet of land and being described as follows: Commencing at the Northeast comer of said Lot 2; thence S. 00 1 00'00 "W. 35.73 feet to the point of beginning; thence S. 00 °00'24" W. 20.21 feet; thence N. 89 °58'40" W. 32.09 feet; thence N. 00 °04'01" W. 20.22 feet; thence S.89.57'5I "E., 32.09 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal ofpaving and landscaping improvements under, over, or through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement properly. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. D& REN By: By: Name & Title: EIA tt n. Name & Title: � _ STATE OF WISCONSIN SS. WINNEBAGO COUNTY ) . Personally came before me thi CC -Lday of 7 ( , 2009, (Name & Title), and (a(l r— (Name & Title),of D & M RENTALS LLC, to me known to be such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein conttained.�7 1J19"" 1 41,c.�.1�,� -c Zz- - Notary Public, Winnebago County, WI My Commission: ,Z - 1 3 - f! This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT VED PARKING AGREEMENT This agreement, made this _L day of May, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and D &M Rentals, LLC, "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), North 20 feet of South 62 feet West of Alley of Lot 2, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0082 currently D &M Rentals, LLC, the right to have access to and full parking privileges in one (1) reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27-49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period running consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: D &M Rentals, LLC (or current property owner of record) 55 Knapp St. (or current property owner address of record) Oshkosh, WI 54902 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. D &M RENTALS, LLC CITY OF OSHKOSH Si the City of Oshkosh, ebag County, Wi in, n this th U 9.r , 2009. t ;r it name (title) w'�r (print name) (title) Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of 1 2009. Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK ROHLOFF &PAMELA UBRIIi to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) DAVE HANSEN Personallv came before me this day of ZWNIE 2009, kk and ARK HANSEN 2 to me known to be the persons who executed the foregoing instrument and acknowledged the same. � Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Easement Docu ment Document Title I THIS INDENTURE, made this day of , 2009, by James F. Merten, Jr., Timothy W. Merten, Jeffrey S. Merten, Matthew J. Merten, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easement over, under, and through City Attorney's Office the land hereinafter described. The purpose and use of the easement shall be Oshkosh, WI 54903 -1130 for creating and maintaining pedestrian access to adjacent business properties by the public. Pedestrian access allowed shall be without restriction by 904 -0085 the Grantor provided access is for lawful access to adjacent business(es) Parcel Identification Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 3, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 202.1 square feet of land and being described as follows: Commencing at the Northeast comer of said Lot 3; thence S. 00 0 00'24 "W., 19.99 feet to the point of beginning; thence S. 00°00'24" W., 19.98 feet along the East line of said Lot 3; thence N. 89 °57'51 "W., 10.14 feet; thence N. 00 19.98 feet to a point on the North line of said Lot 3; thence S. 89 10.09 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall be allowed to use the easement property for vehicular traffic, but only to the extent necessary to allow access to a garage structure adjoining the easement property described herein. There shall be no parking on the easement property. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, their successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under, over, or through the easement property. The Grantor, their successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. A# yts, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit ofthe public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. It is a condition of this agreement that the Oshkosh Common Council approve the funding for the reconstruction / renovation project of the municipal parking lot near and across the existing alley right of way from the easement property. The Council's failure to approve funding in the year 2009 will result in this Easement Agreement, and all benefits and burdens herein, becoming null and void without further action by any party and without liability of either party to the other. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. r &A� ames F. M rten, . Jeffre (S. M ert en STATE OF WISCONSIN WINNEBAGO COUNTY SS. Personally came before me this 5 0 day of who executed the foregoing instrument and ad STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this --f— day of who executed the foregoing instrument and acJ Timo . Merten 2009, r�� James F. Merten, Jr., to me known to be the persons )lic,:Wmnebago County, WI fission_ h- ,(,��� /� __/, 2009, Timothy W. Merten, to me known to be the persons WI STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of 200 , Jeffrey S. Merten, to me known to be the persons who executed the foregoing instrument and ackn /dg�ede m e. zae Notary Pu c, Winnebago County, WI My Co Z lion: Z/VV✓'� /p"L STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY Personally came before me this /�, day of who executed the foregoing instrument and a9i 2009, Matthew J. Merten, to me known to be the persons Winnebago County, WI This instrument drafted by: COVENANT AND RESERVED PARKING AGREEMENT This agreement, made this day of Ate, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and James F. Merten, Jr., Timothy W. Merten, Jeffrey S. Merten, and Matthew J. Merten, collectively "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), South '' /z of Lot 3, Block 40 of Leach's Map of 1894, 4 1h Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0085 currently James F. Merten, Jr., Timothy W. Merten, Jeffrey S. Merten, and Matthew J. Merten, the right to have access to and full parking privileges in one (1) reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27-49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period running consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: James F. Merten, Jr. (or current property owner of record) 1087 Cozy Lane (or current property owner address of record) Oshkosh, WI 54901 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. It is a condition of this agreement that the Oshkosh Common Council approve the funding for the reconstruction / renovation project of the municipal parking lot near and across the existing alley right of way from the easement property. The Council's failure to approve funding in the year 2009 will result in this Covenant and Reserved Parking Agreement, and all benefits and burdens herein, becoming null and void without further action by any parry and without liability of either parry to the other. THEREFORE: the parties hereby affix their signatures to this agreement. CITY OF OSHKOSH Signed in the City of Oshkosh, Winnebago C unty, Wisconsin, on this the 4T day of 2009 Utz /A 7`'. / /1G♦ /James F. Merten, Jr. Timotty. Merten Je a S 9 erten Ate✓ //, fl1� atthew Y. Merten STATE OF WISCONSIN } ) SS. W24NEBAGO COUNTY ) Personally came before me this day of to me known to be the persons who executed the Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor 2009, ission: STATE OF WISCONSIN ) the same. ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of 9 2009. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska, Assistant City Attorney, City of Oshkosh 215 Church Street, Oshkosh, WI 54902 Easement Docu ment Number I Document Title THIS INDENTURE, made this � day of , l L L n e, , 2009, by 422 & 424 NORTH MAIN STREET LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easement over, under, and through City Attorney's office the land hereinafter described. The purpose and use of the easement shall be Oshkosh WI 54903 -1130 for creating and maintaining pedestrian access to adjacent business properties by the public. Pedestrian access allowed shall be without restriction by 904 -0083 & 904 -0084 the Grantor provided access is for lawful access to adjacent business(es) Parcel Identification Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 2, Block 40, Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County, containing 1147.4 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 2 and the point of beginning; thence S. 00 °00'24 "W., 35.73 feet; thence N. 89 °57'51W., 32.09 feet; thence N. 00 °04'01 "W. 35.73 feet to a point on the North line of said Lot 2; thence S. 89 °57'51 "W. 32.14 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal ofpaving and landscaping improvements under, over, or through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. 422 & 424 NORTH MAIN i STREET LLC B L . ZI \, , By: Name & Ti / A, LQX Auk 1- & Title: Hie STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this J day of V aZ7 2009, MeaI (Name & Title), and (Name & T e),of 422 & 424 NORTH MAIN STREET LLC, to me known to be such persons and officers who executed the foregoing instrument and acknowledged that they executed. the same. as such officers by its thority, for the ose therein. contained. Notary Publi , Winnebago County, WI My Commission: This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT ;J:Ane This agreement, made this Jr day of Mey, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and 422 and 424 North Main Street, LLC, "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), North 17.86 feet West of Alley of Lot 2, Block 40 of Leach's Map of 1894, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0084 South '/z of North 35.73 Feet West of Alley of Lot 2, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0083 currently 422 and 424 North Main Street, LLC, the right to have access to and full parking privileges in one (1) reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27 -49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated. by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period runnin consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: 422 and 424 North Main Street, LLC (or current property owner of record) P.O. Box 1099 (or current property owner address of record) Oshkosh, WI 54903 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair an d condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. 422 and 424 NORTH MAIN STREET, LLC CITY OF OSHKOSH Signed in the City of Oshkosh, Winnebago County, Wisconsin, on this the J day of 2009. Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of 2009. av\0 \1 K5 (print me) (rifle M ryL 6-0-V (print name) (title) STATE OF WISCONSIN Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor ) SS. WINNEBAGO COUNTY ) Personally came before me this S day of ' 2009, �C✓7 � Leh to me known to be the persons who executed the foreg instrument cknledged the same. Notary Public, W' ebago ounn WI My Commission: STATE OF WISCONSIN ) ) SS. . WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney, City of Oshkosh, 215 Church Street, Oshkosh, WI 54902 Easement Document Numb I Document Title THIS INDENTURE, made this 5 day of O -1 . () e. , 2009, by 428 NORTH MAIN STREET LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easement over, under, and through City Attorney's Office the land hereinafter described. The purpose and use of the easement shall be Oshkosh, WI 54903 -1130 for creating and maintaining pedestrian access to adjacent business properties by the public. Pedestrian access allowed shall be without restriction by 904 -0086 the Grantor provided access is for lawful access to adjacent business(es) Parcel Identifleation Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 3, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County, containing 564.1 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 3 and the point of beginning; thence S. 00 °00'24 "W., 19.99 feet along the East line of said Lot 3; thence N. 89 28.29 feet; thence N. 00 °23'47" W., 19.99 feet to a. point on the North line of said Lot 3; thence S. 89'57'14" E., 28.16 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual damages caused by the Grantee's negligent installation, repair, operation, or removal of paving and landscaping improvements under, over, or through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and 'be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. 428 NORTH MAIN STREET LLC Name & TitbY C— Name & Title: STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of ) 2009, /V e a// (Name & Title), and , (Name & Ti e),of 428 NORTH MIN STREET LLC, to me known to be such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers . by its authority, for the p se . therein co aired. Notary Public Winnebago County, WI My Commission: 7 - 3 -- ,MO This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT n(?-1 This agreement, made this �,5 day of , 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and 428 North Main Street, LLC, "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), North % of Lot 3, Block 40 of Leach's Map of 1894, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0085 currently 428 North Main Street, LLC, the right to have access to and full parking privileges in one (1), reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property "), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27-49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify.that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period runnin consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: 428 North Main Street, LLC (or current property owner of record) P.O. Box 1099 (or current property owner address of record) Oshkosh, WI 54903 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. 428 NORTH MAIN STREET, LLC CITY OF OSHKOSH Signed in the City of Oshkosh, Winnebago County, Wisconsin, on this the 5 day of Tim -n e , 2009. vL5 Hew-6a (print me) itle) (print name) (title) STATE OF WISCONSIN Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of , 2009. Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor ) SS. WINNEBAGO COUNTY } Personally came before me this day of 2009, /* AA // La to me known to be the persons who executed the fore ' g instrume d ackn ledged the same. Notary Public, innebago County, WI My Commission: :S- SOU I STATE OF WISCONSIN WINNEBAGO COUNTY SS. Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago County, WI My Commission: Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Easement Number - I Document Ti tle THIS INDENTURE, made this -.5 day of �w� �- , 2009, by JFS ENTERPRISES LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement between these parties set forth in a separate document, paid by the Grantee, Recording Area the receipt of which is acknowledged, the Grantor does hereby give and Name and Return Address grant to the Grantee a public purpose easeme and use of th asemen shall be City Attorney's Office the land hereinafter described. The purpo for creating and maintaining pedestrian access to adjacent business properties Oshkosh WI 54903 - 1130 by the public. Pedestrian access allowed shall be without restriction by. 904 -0087 the Grantor provided access is for lawful access to adjacent business(es) parcel Identification Number (PIN) where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh, Winnebago County, Wisconsin, and described as follows: A part of Lot 4, Block 40 of Leach's Map of 1894 in the 4th Ward, City of Oshkosh, Winnebago County, Wisconsin, containing 336.9 square feet of land and being described as follows: Commencing at the Northeast corner of said Lot 4 and the point of beginning; thence S. 00 19.99 feet along the East line of said Lot 4; thence N. 89'57'14"W., 28.16 feet; thence N. 00 °17'41 "E., 19.99 feet to a point on the North line of said Lot 4; thence S. 89 16.86 feet along said line to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, . mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, or allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property without the written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property,, s caused by the am d al age The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual d Grantee's negligent installation, repair, operation, or removal of paving and landscaping imp age under, over, or through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. JFS ENTE le LLC Name Title: S' f - , By: Name & Title: STATE OF WISCONSIN ) 1 SS. WINNEBAGO COUNTY ) L 1 i c "`.0 ' `r 2009, � t� S iG y\ � lL.-f' 4 W - Personally came before me this J day of , (Name & Title),of JFS ENTERPRISES LLC, to me (Name & Title), and known to be such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose thereicontained. �. lFti/1 iUr Nota Public, Winnebag Coun , WI My Commission: e F `I \0 This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT This agreement, made this day of May,, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and JFS Enterprises, LLC, "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), Lot 4, Block 40 of Leach's Map of 1894, e Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0087 king currently JFS Enterprises, LLC, the right to have access to and full parking privileges in one (1) reserved par space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property"), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget The constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking public parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27-34 and deleted, 0 7-49 be aide The Grantee shall comply with all applicable requirements of the Municipal Code, as may d, amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the�affi ndisles within the the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The. undersigned.Grantor and Grantee herby certify that they are the owners of the real property identified _ t as the Grantor . 's Property and the Grantee's Property, respectively; and have thefull and complete authori to -enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period running consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: JFS Enterprises, LLC (or current property owner of record) 1029 Otter Ave., Unit #A (or current property owner address of record) Oshkosh, WI 54901 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. JFS ENTERPRISES, LLC CITY OF OSHKOSH Signed in the City of Oshkosh, Winnebago County, Wisconsin, on this the t day of ' , Al , 2009 Zve e- (print name.) (title) Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of 1 2009. Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor (print name) (title) STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this J day of e , 2009, s+-e- t r� r to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, Winnebago Coun I My Commissions STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Notary Public, Winnebago County, WI My Commission: Easement Document Nu mber ' Document T itle THIS INDENTURE, made this .S day of 2009, by RUBATT REAL ESTATE, LLC, Grantor, and the CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, Grantee, IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, including a parking agreement Recording Area between these, parties set forth in a separate document, paid by the Grantee, Name and Return Address the receipt of which is acknowledged, the Grantor does hereby give and grant to the Grantee a public purpose easement over, under, and through City Atto>� 's 03i the land hereinafter described. The purpose and use of the easement shall be Oshkosh, for creating and maintaining pedestrian access to adjacent business properties 904 -0090 by the public. Pedestrian access allowed shall be without restriction s( es) Parcel Identification Number RIN) the Grantor provided access is for lawful access to adjacent business where such access is provided. The purpose and use of the easement shall also include inspection, survey, preparation, construction, replacement, repair, removal, and all related activities by the Grantee for the purpose of constructing and/or installing paving, landscaping, public lighting including necessary wiring, and related improvements over, under, and through certain land (hereinafter "easement property") situated in the City of Oshkosh,. Winnebago County, Wisconsin, an described as follows: A part of Lots 8 and 26, Block 40 of Leach's Plat of 1894 in the 4th Ward, City of Oshkosh, Winnebago Cou Wisconsin, containing 893.1 square feet of land and being described as follows: Commencing at the Northeast comer of said Lot 26; thence S. 00 °00'24 "W., 18.99 feet along the East line of said Lots 8 and 26 to the point of beginning; thence continuing S. 00 1 00'24" W., 39.66 feet along said line; thence S. 89 °46'54 "W., 22.38 feet; thence-N. 00 W., 39.77 feet; thence S. 89 0 55'43" E., 22.59 feet to the point of beginning. The Grantor shall be responsible for the maintenance, repair, and replacement of paving, landscaping, and related improvements constructed in the easement property by the Grantee. The Grantor shall be responsible for all regular and continuous maintenance of the easement property, including but not limited to, refuse and debris removal, mowing and watering of vegetation, and removal of snow and ice. The Grantee shall be responsible for the installation, repair, and/or replacement of any public lighting and related wiring over, under, and through the easement property. The Grantor shall not install or construct any paving, landscaping, or other improvements or structures, loe allow anything to obstruct, restrict, or limit pedestrian access by the public to the easement property written approval of the Grantee. The Grantor shall not allow any vehicles to be parked within the easement property. the The Grantee shall be obligated to pay to Grantor, its successors and assigns, all actual ements under er or, Grantee's negligent installation, repair, operation, or removal of paving and landscaping imp through the easement property. The Grantor, its successors and assigns, shall pay to the Grantee all actual damages caused by the Grantor's interference with, or negligent actions relating to, the easement and the easement property. All rights, title and privileges herein granted, including benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the Grantor and Grantee, and their respective heirs, executors, administrators, successors, assigns, and legal representatives, as well as for the benefit of the public who may wish to use the easement property for lawful pedestrian purposes relating to adjoining business properties. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year first above written. RUBAT REAL ESTATE LLC i By. By: UI Name & Title: Name &Title: STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) 2009, �'�cz (Name & Personally came before me this S day of S� Title), and ,(Maine & Titke),ofRUBA REAL STATE LC, tome ]mown to be'such persons and officers who executed the foregoing instrument and acknowledged that they executed the same as such officers by its authority, for the purpose therein contained. nn � �r Notary Pu kic, Winnebago Coupty,,WI My Commission. _ i f e 7 dL� l0 This instrument drafted by: David J. Praska, Asst. City Attorney Oshkosh, WI 54903 -1130 COVENANT AND RESERVED PARKING AGREEMENT This agreement, made this J C day of4hag, 2009, by and between the City of Oshkosh, a Municipal Corporation, "Grantor," and Rubatt Real Estate, LLC, "Grantee," shall include the following terms: The consideration exchanged by the parties for this agreement is the sum of One Dollar ($1.00) and other good and valuable consideration. The other good and valuable consideration exchanged includes the agreement by these parties to enter into a separate Easement document on the same date identified above which relates to real property currently owned by Grantee. The purpose and effect of this Covenant and Reserved Parking Agreement is to allow the owner of the real property with the following description ( "Grantee Property"), Lot 8, also South 1 foot of Lot 26, Block 40 of Leach's Map of 1894, 4` Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0090 currently Rubatt Real Estate, LLC, the right to have access to and full parking privileges in one (1) reserved parking space hereinafter described in the municipal parking lot owned and operated by the City of Oshkosh, with the subject real property having the following description ( "Grantor Property "), Lots 6, 7, 9, 10, 11, 12, 13, and 24, Block 40 of Leach's Map of 1894, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092 Upon the completion of the Grantor's renovation / reconstruction of the parking lot on Grantor's Property, the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot in the northeast quadrant along Jefferson Street within a group of parking spaces reserved for use by certain properties within the 400 Block of North Main Street. The Grantor shall assign and the Grantee shall accept the specific parking space designated by Grantor at the Grantor's sole discretion. The Grantee's right to use one (1) reserved parking space as described herein shall not become effective until such time as the Grantor has completed the renovation / reconstruction of the subject municipal parking lot and officially opens the lot for public use. The Grantor and Grantee understand that the municipal parking lot, including Grantee's one reserved space, may become temporarily inaccessible due to reasonable maintenance or repairs by the Grantor, or due to unforeseen natural events or acts of others. The Grantor shall use its best efforts to give reasonable notice to Grantee before the reserved parking spaces become inaccessible. During such periods of inaccessibility, the Grantee shall be responsible for securing alternative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved space in conformance with its normal procedures for maintaining and repairing other public parking areas within the City's priorities and budget constraints. The Grantee agrees to comply with all Municipal Ordinances relating to parking in a public lot. The parking space identified in this agreement shall be treated by the Grantor and Grantee in the same manner as monthly parking is treated in other parking areas, except that no parking fees shall be charged to or collected from the Grantee. The applicable Municipal Codes to be enforced include but is not limited to Chapters 27 -34 and 27 -49. The Grantee shall comply with all applicable requirements of the Municipal Code, as may be added, deleted, or amended during the term of this agreement, and shall be responsible for any violations of any section of the Code. The Grantor and Grantee agree that the Grantor shall not monitor the reserved space to ensure that the Grantee maintains full access to the reserved spaces identified herein. To ensure that the Grantee has the ability to use the space as they deem appropriate, no parking sticker or tag will be issued to the Grantee by the Grantor. The Grantee will be responsible for contacting the Oshkosh Police Department (OPD) in the event an unauthorized vehicle is parked in a reserved parking space. A parking ticket may be issued by the OPD at its discretion, but the actual removal of unauthorized vehicles shall be according to normal policy and practices of the OPD, Oshkosh Transportation Department, and any other applicable City Department. The Grantee is not granted any right of self - help by this agreement to resolve unauthorized parking in Grantee's designated reserved space. The covenants and restrictions identified in this document shall be attached to and run with both of the above described real property and shall be binding upon future owners and lien holders, the Grantor's and Grantee's successors, heirs and/or assignees for the benefit and burden of those with interests in the subject real properties, and shall continue in effect for the term of this agreement. The Grantee shall not use or occupy more than the reserved space identified herein, and shall not block, impede, or limit the use of marked parking spaces surrounding the reserved space and the traffic aisles within the parking lot. The Grantor makes no warranty or promise, implied or otherwise, regarding the condition of the Grantee's reserved parking space, the removal of snow, ice or debris, or regarding any safety concerns related to this parking lot and explicitly state herein that no such warranty exists. The subject parking spaces, and the parking lot within which the spaces are located, shall be treated in the same manner as other parking areas operated by the City and shall be maintained in a good faith manner, subject to the normal establishment of municipal priorities and budget constraints. The undersigned Grantor and Grantee herby certify that they are the owners of the real property identified as the Grantor's Property and the Grantee's Property, respectively, and have the full and complete authority to enter into this agreement, to attach the benefits and burdens upon the property identified, and that there are no existing covenants or restrictions attached to these parcels of real property which conflict with the covenants or restrictions to be attached to these same parcels as identified in this agreement. Each party hereto warrants and represents to the other that all necessary and appropriate actions have been taken, or in the case of the City Common Council will be taken, to permit them to execute this agreement and to perform their respective obligations hereunder, and each has all necessary legal power and authority to do so. These warranties and representations survive the execution of this Agreement and continue throughout its term. The term of this agreement shall be for a period runnin consecutively commencing on the date the renovation / reconstruction is completed and the parking lot is open to the public and ending December 31, 2024. All notices and other communications hereunder shall be in writing and shall be deemed given when personally delivered or if sent by certified mail, postage prepaid, with return receipt requested, to the correct address as indicated below: To: City of Oshkosh Attn: City Clerk 215 Church Ave. Oshkosh, WI 54903 To: Rubatt Real Estate, LLC (or current property owner of record) 440 N. Main St. (or current property owner address of record) Oshkosh, WI 54901 The Grantor and Grantee may, by such notice given to the other, designate any change in address to which notices and other communications shall be sent. The Grantor shall maintain and keep the parking lot and space in good repair and condition, at the Grantor's expense, except for any repairs or maintenance deemed necessary due to the Grantee's negligence or intentional or willful actions, which shall be the financial responsibility of the Grantee. This agreement may not be amended, modified, or supplemented except by a writing executed by the party against whom such amendment, modification, or supplement is sought to be enforced. The terms of this agreement shall not implicitly or impliedly be considered for the benefit of any other persons or entities. The Grantor shall not acknowledge or recognize any agreements between parties to this agreement and third parties. If any provision of this agreement shall to any extent be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall not be affected, and each remaining term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this agreement to be filed of record with the Winnebago County Register of Deeds, and with any other governmental agency as may be necessary. THEREFORE: the parties hereby affix their signatures to this agreement. RUBATT REAL ESTATE, LLC CITY OF OSHKOSH Signed in the City of Oshkosh, Winnebago County, Wisconsin, O the day of , 2009 (print name) tle) Signed in the City of Oshkosh Winnebago County, Wisconsin, on this the day of ) 2009. Mark A. Rohloff, City Manager City Of Oshkosh, Grantor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this J day of - "--'e— , 2009, & I A6La to me known to be the persons who executed the forego' g instruiAent and acknowledged the same.. M1'{n-A �W�y1 SL Notary Plublic, Winnebago CounV, VfI My Commission:& ire `1 r aG ( D STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Drafted By: Attorney David J. Praska Assistant City Attorney City of Oshkosh 215 Church Street Oshkosh, WI 54902 Notary Public, Winnebago County, WI My Commission: OYHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kinn / Director of Com pity Development DATE: July 23, 2009 RE: Approve Accepting Easements from Various Property Owners for Implementation of the 400 Block East Parking Lot Reconstruction Project and Approve Parking Agreements with Various Property Owners to Implement the 400 Block East Parking Lot Reconstruction Project (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY The Department of Community Development and the Transportation Department are requesting acceptance of public improvement and public access easements located on the rear side of ten properties of the 400 block of North Main Street in association with implementing the improvements in the 400 East Parking Lot project. This action would also involve entering into parking agreements with various owners who would be giving up private parking spaces in exchange for the City providing one parking stall per each building address in the City parking lot. ANALYSIS There are 15 addresses that will be impacted by the parking lot reconstruction project containing over 20 parking stalls on these parcels. Generally, the private parking area is used by business owners, employees, and second floor tenants and for the storage of dumpsters as there are no common dumpster storage areas in the abutting City parking lot. The parking lot reconstruction design calls for conversion of the existing alley to a pedestrian mall and elimination of outside private parking between the alley and the east walls of the buildings. BID Board members, Oshkosh Area Economic Development Corporation staff, City staff, and property owners have discussed this matter and concluded that the best approach was to address the loss of private parking spaces in exchange for the City providing one parking stall per building in the City parking lot for a period of 15 years, with permits issued on a no fee basis during this period and the owners agreeing to the easements with the understanding that the City would complete certain improvements on their properties in exchange for the easements with the property owners being responsible for maintaining said improvements. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 7, 2009 meeting. Approved, Ci Manager ITEM: ACCEPT PUBLIC IMPROVEMENT AND PUBLIC ACCESS EASEMENTS LOCATED ON MULTIPLE PROPERTIES OF THE 400 BLOCK OF NORTH MAIN STREET Plan Commission meeting of July 7, 2009 GENERAL INFORMATION Petitioner: City of Oshkosh Department of Community Development and Transportation Department Owners: Multiple Action Requested: The Department of Community Development and the Transportation Department are requesting the acceptance of public improvement and public access easements located on the rear side of ten properties of the 400 Block of North Main Street. Applicable Ordinance Provisions: N/A ANALYSIS: In association with implementing the improvements in the 400 East Parking Lot Project, City Administration is requesting acceptance of easements for public improvement and public access from property owners in the 400 block adjacent to the parking lot reconstruction project. The property owners are agreeing to provide these easements at the expense of losing their outside private adjacent parking spaces at the rear of their properties. There are 15 addresses that will be impacted by the parking lot reconstruction project. Between them, there are over 20 parking stalls on these parcels. Some addresses have no parking and some have room for 4 or 5 cars. Generally, the private parking area is used by business owners, employees and second floor tenants and for the storage of dumpsters as there are no common dumpster storage areas in the abutting City parking lot. The parking lot reconstruction design calls for conversion of the existing alley to a pedestrian mall (separate item) and elimination of outside private parking between the alley and the east walls of the buildings. Two properties have garages, which still will be able to be used. BID Board members, staff from the Oshkosh Area Economic Development Corporation and City staff held meetings with the affected property owners who would be losing spaces as a result of the project, and as a result of those meetings and numerous one -on -one discussions with the owners, an approach was developed to address the need for owners to give up their private parking spaces in lieu of public improvement rights and public access. The approach that has been agreed to by the property owners is as follows: In consideration for the permanent loss of private parking spaces, the owners of up to 14 properties will give up their private parking spaces in exchange for the City providing one parking stall per each building address in the City parking lot for a period of 15 years, with. permits issued on a no fee basis during this period. • In consideration for the permanent loss of private parking spaces, the owner of 454 and 456 North Main will give up her spaces based on the City providing one parking space per address for as long as the owner resides on the second floor of these properties with permits issued on a no fee basis during this time frame. Property owners who have agreed to the easements have done so with the understanding that certain improvements will be undertaken on their properties in exchange for the easements. Those improvements are the paving of the affected area and construction of a low masonry wall. Following construction of the improvements, property owners will be responsible for maintaining those improvements. RECOMMENDATION /CONDITIONS The Development of Community Development recommends approval of the acceptance of the proposed public improvement and public access easements as requested. The Plan Commission approved of the acceptance of the public improvement and public access easements as requested. The following is the Plan Commission's discussion on this item. Mr. Nollenberger stated he is excited about the project. Is it consistent with the approved Downtown Action Plan? What type of landscaping will be used? Mr. Burich replied yes, the project is consistent with the Downtown Action Plan. Referring to a powerpoint slide, Mr. Burich noted landscaping will include ornamental trees and shrubs, and green areas, as well as decorative fencing and masonry. Mr. Bowen asked for clarification that any loss of parking spaces by property owners would only be those that currently have parking spaces? Mr. Burich replied yes. Mr. McHugh inquired what would be the net lost revenue on the parking lot for 15 years? Mr. Chris Strong, Transportation Director, replied that based on a study completed last fall, the parking lot is not at 100% utilization and even if it were, the Parking Utility could support this. Based on spaces being available in the lot, there would not be any lost revenue. Mr. McHugh stated it was his understanding there wasn't enough parking and that is why this project was being done for extra parking area. Mr. Borsuk inquired how the 15 year term was arrived at? Mr. Strong replied that was what the property owners and city agreed upon. Spaces under the agreements will be assigned; spaces closer to the buildings will be for customers. Mr. Thoms inquired how deliveries would be made if the alley is no longer available for parking? Item- Accept Easements /400 block NMain St Mr. Burich noted there is a drive aisle /lane behind the buildings that delivery trucks can park in. Mrs. Propp felt this is a good project and needed. She felt it is important that public funds be used to do the project and unify the area. This will be a shot in the arm economically for those businesses. Mr. Fojtik felt if the proposed improvements were similar to how the 400 block west was done, it will be a boost for the downtown. Mr. Borsuk stated the only problem he saw was with the 15 year term; he would rather see the easements be in perpetuity. Mr. Thorns agreed. This is a good public safety project and very important for the downtown. These businesses should not have to worry about parking for their tenants or customers. Atty. Lynn Lorenson, City of Oshkosh, stated the affected property owners felt 15 years was a reasonable time frame for free parking. Motion by Lowry to move approval of accepting necessary easements and changing the alley to a pedestrian mall as requested to implement the 400 block parking lot reconstruction project.. Seconded by Propp. Motion carried 8 -1 (Nay: McHugh) Item- Accept Easements 1400 block N Main St I J NEIiRIi AVEMiE Arraraa vaa I I i 1 I I I I I I I I I I I . I I I I I I I I I I I I I i. I .I I I I I I I I I I I I I I j I I I f I j I I � I I 14 > 1 13 29 10 I ' 28 r M 3 27 WOOIB( 15 9 16 17 24 ; f ' 26 -' � 11 ete"w'Ta MMRAf^A `._ 8 C61TW®�UIIVIY ' 1WC6D +�A° V � OtXKWM 18 r 7 , rrA rNeaaaaa 5 A r � 4 o....o ! 6 �l rrwme.r�AA ,r rurnA Ae.w° 12 3 «AA r IAIrRZOA�rW `G, I I A -' 19 I� ► P 21 ' { 20 I 1 { 23 3 25 22 s X. J Arran w.+r // '�LS]:Luu ■.Ym[Yp,RKwsavw,MAl Mr, w+r�w°Ar°lYn.r�N°r:1R1.r.M/ma M OI.NrrrrY ArNARwYNI MOOCwtAN aA °r° t n�sc�vwuz�i I _ wf /� — — R��v rR aewrwuNUtuvvrrrnrat I ! 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BOX 14 CITY OF OSHKOSH WINNECONNE, WI. 54986 BOUNDARY SURVEY PLANNING DEPARTMENT EASEMENTS FOR q^IfLFR7_n�7� & LANDSCAPING AND REAR n7 3A n n C 0 D I T _T_-- - ------------------------- ------------------- - - - - -- 4 1 W[-a =■ 190 "w•�n`�J 38.0' b SUBJECT SITE b c .( b N ,20.0' 1 1 120.0. 4 'tJ - i y ' 106 q�. s` ----- - - - - -- -------------- - - - -1� A&-i-IN -G tO-N------------- 1 ------------------- - .: m ,20.00' DISCLAIMER ACCEPT EASEMENTS This map is neither a legally recorded map nor a surv and I t Is not Intended to be us ed as °ne. 400 This drawing is a compilation of records, data BLOCK EAST PARKING LOT N O.l HKO1H and information located In various city, county ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Department of sponsible for any inaccuracies herein contained. If discrepancies are found please contact the Community Development City of Oshkosh. Scale. 1" 100 06/23/09 Created by - dff 120.0. 4 a AVE. >- o ELVIN V "" L___1 L�-1 U L—J � L co IM p w PC AVE R LI UL CK L ER T TRL. DH VE. fn 3: w Co V U) F: VE - U) U) E. NC N E. ? LIN LN E. Y Q SUBJECT Z NAVE. o z S1TE 9� o LIJ � w STON PL. LL U RVI A IRVI G A - ERS AVE. D LE AVE. = U) CL D UNION E. o Cn J ID A Q vii OXFORD ❑ a0 AVE. R 5 F� W. z z ❑❑ m WA AV ° -g Lu H ON j ° a Z o ¢ 0 o o w p Co (� r' 0 / C. - W STE T. CT. - O AV . WASHINGTON Mq RioN1% SHAW OA V WINNEBAGO F1 ❑ 1 C Q SCH o °L -2 -�3D i- w AUG OO A L _ E RAVE H o o v > p O � P AVE• CEAPE 6TH 6 d A / OrI, F � m n_ AVE. HA RNEY 7TH AV ° �O IYI � � 8TH AV ❑� 0 5 400 300 200 a '6 0 E. /� tio Qn 2 W. 0TH A o - E. � 11TH A o - a -3 o 0 2TH AV U DISCLAIMER ACCEPT EASEMENTS This map is neither a legally recorded map nor a surv and it as one . This drawing Is s not intended t o be a compilation of rec data 400 BLOCK EAST PARKING LOT N OfHKOf H and Information located in various city, county and state offices and other sources affecting for on THE WATER City of Oshkosh the area shown and It is to be used reference purposes only. The City of Oshkosh is not re- Department of sponsible for any Inaccuracies herein contained. If discrepancies are found, please contact the Community Development City of Oshkosh. Scale. 1 1000 06123!09 Created by - dff a 4k Ct g >�",a �' �' t 4 t s w• i y p ) g p n Y C X"t Zr 5,! ! t t t, sy"'W. }`z dZ 2E frn�. tm a is'�x tc - p� „ t � � 3 � £ r1� ♦ 4 � : �. t z� d k -. -.a t r rer � s a .,t` 4� n, s ' : 3 h �-` ..'�►V -tr t3'`a`F7' 'way rt A riY ��� [ ' ` �'� r �. ? � � .. S � � c. 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