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HomeMy WebLinkAboutReserved Parking 456 N Main StDocument Number RESERVED PARKING AGREEMENT Doc Title RE: 400 Block East North Main Street Parking Lot Reconstruction Project Oshkosh, Winnebago County, Wisconsin 456 North Main Street Lots 27 & 28, Block 40 of Leach's Map of 1894, 4 th Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 9040107 Covenant and Reserved Parking Agreement between City of Oshkosh, Grantor, and Madonna J. Hill, Grantee 1 t5 1 4& - 7 Z3!ffi REGISTER'S OFFICE WINNEBAGO COUNTY, NI RECORDER' ON 08/251 09:0.2AH JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 17. 00 TRANSFER FEE # OF PAGES 4 Area Name and Return Address Ct City Attorney's Office Oshkosh, WI 54901130 The purpose and effect of this Reserved Parking Agreement is to allow Madonna J. Hill, personally, the to have access to, and full parking privileges in, two (2) parking spaces within the parking lot owned and ope 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 th Ward, City of Oshkosh, Winnebago County, Wisconsin S E P 2G09 Drafted by: Lynn Lorenson, City Attorney Oshkosh, WI *r RESERVED PARKING AGREEMENT ID)Nq This agreement, made this day of l� , 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, n®parking 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 1 r ' practices of the OPD, Oshkosh Transportation Department, and 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. 2 , 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. / CITY OF OSHKOSH Madonna J. Hill, Grantee Mark A. Rohloff, City Manager City Oshkosh, Gr ntor Pamela Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) 0Sfq1 � 3 - Personally came before me this 2-- known to be the who executed the .1 ONNA J. HILL, to me day of oin erg i ddged the same. persons A A& No ic, ! o(unty, WI MY /NDtptttlt� 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 pers who( executed the foregoing instrument and acknowledged the same. Notary Publ' innebago Lounty, WI My Comrnission:j Drafted By: Attorney David J. Praska Assistant City Attorney ® `� /"1�" I'� O V City of Oshkosh 215 Church Street ti . Oshkosh, WI 54902 C414 CITY ATTO OSHKOSH, WISCONSIN 3