HomeMy WebLinkAboutCovenant&reserved parking/Tod Mar Property 432-434 N Main St 2009ry COVENANT & RESERVED
Y.- PARKING AGREEMENT
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
08/2 09:MAH
JULIE PAGEL
REGISTER CIF DEEDS
RE: 400 Block East North Main Street
RECORI >ING FEE 17.00
Parking Lot Reconstruction Project
TRANSFER FEE
Oshkosh, Winnebago County, Wisconsin
Recording Area
432-434 North Main Street
Name and Return Address
City Attorney's Office
Covenant and Reserved Parking Agreement between City of Oshkosh,
Oshkosh W1 54903- 1130
Grantor, and Tod Mar Property Management, 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, 4th 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
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Drafted by:
Lynn Lorenson, City Attorney
Oshkosh, WI
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COVENANT AND RESERVED PARKING AGREEMENT
This agreement, made this
/7 day ofd 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 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 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.
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M 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, Wisco in
,on thili day of :fin p - , 2009. on this the y of , 2009. If f
ar , Rohloff,
City Of shkosh,
Pamela Ubrig, City Clerk
City Of Oshkosh, Grantor
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(print name) (title)
STATE OF WISCONSIN
) SS.
WINNEBAGO COUNTY )
da i E �.�'_ 2009 J m nn � vac
Personally came before me this y of
to me known to be the persons who executed t e foregoing ' nt and ackn wledged th same.
Not a Public, Winnebago o ty, I
My Commission: e i reS `Z
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this � day o f 2009, MARK A. ROHLOFF and
PAMELA UBRIG, to me known to be the pe44 execued the foregoing instrument and
acknowledged the same.
Notary Publ' inne o County, WI
My Commission: /c °��•
Drafted By:
Attorney David J. Praska
Assistant City Attorney
City of Oshkosh
215 Church Street
Oshkosh, WI 54902
WISCOWN