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Home My WebLink AboutCovenant & reserved parking 430 n main st 2009- COVENANT & RESERVED PARKING AGREEMENT Document Title Document Number 400 Block East North Main Street Parking Lot Reconstruction Project Oshkosh, Winnebago County, Wisconsin 430 North Main Street Covenant and Reserved Parking Agreement between City of Oshkosh, Grantor, and JFS Enterprises, LLC, Grantee City Attorney's Office Oshkosh. WI 54903 -1130 The p urpose 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, 4" Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0087 the right to have access to and full parking privileges in one (1) reserved currently HS Enterprises, LLC, parking space hereinafter described in the municipal parking lot o _ d perty'e by the City of Oshkosh, with the subject real property having the following description ("Grantor Prop 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 Drafted by: Lynn Lorenson, City Attorney Oshkosh, Wl LJJ T! SLR I � 2009 s-i 1 t:-i 1 6, - 7;a3 REGISTER'S OFFICE WINN VI 08125/2009 09:02AN JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 1 TRANSFER FEE * OF PAGES ecording A rea ame and Return Address 411 -N COVENANT AND RESERVED PARKING AGREEMENT This agreement, made this day of 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, 4 Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0087 currently JFS Enterprises, 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`h 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 parry 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, Signed in the City of Oshkosh Winnebago County, Wisconsin, Winnebago County, Wisconsin, on this the day of Al , 2009. on this the W day of 1 2009. M k A. Rohloff, City Ste} <iNikQ ,/�iPr► 4c/ <j i t y Oshkosh, Gra for (print name) (title) Pamela Ubrig, City Clerk City Of Oshkosh, Grantor (print name) (title) STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) Personally came before me this day of e , 2009, to me known to be the persons who executed the foregoing instrument and acknowledged the same. —� Notary Public, Winnebago oun�WI My Commission. 1 p r_-1 FS 1( -ao —t0 STATE OF WISCONSIN ) t � SS. WINNEBAGO COUNTY ) Personally came before me this '9 day of , 2009, MARK A. ROHLOFF and PAMELA UBRIG, to me known to be the per ons ho executed the foregoing instrument and, acknowledged the same. Notary ic, W' ago County, WI My Commission: /'A –/ .3 -® 7 Drafted By: Attorney David J. Praska Assistant City Attorney A �� City of Oshkosh A 215 Church Street Oshkosh, WI 54902 " ITY AT Y OS KOSK WISCO I