HomeMy WebLinkAboutCovenant & reserved parking 422-424 n main st 2009COVENANT & RESERVED
PARKING AGREEMENT
Document Number
Document Title
RE: 400 Block East North Main Street
Parking Lot Reconstruction Project
Oshkosh, Winnebago County, Wisconsin
422 -424 North Main Street
Covenant and Reserved Parking Agreement between City of Oshkosh,
Grantor, and 422 and 424 North Main Street, LLC, Grantee
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
0€ /2- 5/21*9 99. 02- AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 17.00
TRANSFER FEE
# OF PAGES 4
Area /+
ame and Return Address
City Attorney's Office
Oshkosh, WI 5490a -1130
in
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
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Drafted by:
Lynn Lorenson, City Attorney
Oshkosh, WI
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COVENANT AND RESERVED PARKING AGREEMENT
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This agreement, made this -15 day of May, 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 'h of North 35.73 Feet West of Alley of Lot 2, Block 40 of Leach's
Map of 1894, 0 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 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: 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 and condition, of 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.
CITY OF OSHKOSH
422 and 424 NORTH MAIN STREET, LLC
Signed in the City of Oshkosh,
Winnebago County, Wisconsin,
on this the J day of 1., AQ , 2009.
tAep.h L vP a\,a 111g
(print me) ( tttle f , _
(print name) (title)
Signed in the City of Oshkosh
Winnebago on , Wisconsin,
on this the d of 1 2009.
Ma c A. Rohl 'ff, City Mana er
I shkosh, Gr or
lo t
Pamela Ubrig, City Clerk
City Of Oshkosh, Grantor
STATE OF WISCONSIN
SS. a_.
WINNEBAGO COUNTY ) 1TY ATTORN
^� iKOSN, WISCONSIN
Personally came before me this day of �— 2009 // /y /� < �� to me known to be the persons who executed the foreg instrument a ackn the sa
f
Notary Public, W?-- - ago Coun , WICK
My Commission: 6
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY ) A
Personally came before me this � day of 2009, MARK A. ROHLOFF and
PAMELA UBRIG, to me known to be the pers s w o executed the foregoing instrument and
acknowledged the same.
Notary P c, Winn ago County, WI
My Commission:_ d`'
Drafted By: Attorney David J. Praska
Assistant City Attorney, City of Oshkosh, 215 Church Street, Oshkosh, WI 54902