HomeMy WebLinkAboutVinton Construction Co-Construction Staging Area License Agreement City of Oshkosh
Department of Public Works
215 Church Avenue
P.O. Box 1130
Oshkosh, Wisconsin
54903 -1130
(920) 236-5065
011 --KOJH
ON THE WATER
April 20, 2010
Mr. Don Rabitz
Vinton Construction Company
P.O. Box 1987
Manitowoc, WI 54221
Re: Construction Staging Area License Agreement
Dear Mr. Rabitz:
Enclosed please find an executed copy of the agreement between the City of Oshkosh and Vinton
Construction Company regarding the use of 1805 Jackson Street as a construction staging area.
If you have any questions, please call our office at (920) 236 -5065. Thank you.
Sincerely,
000A .d., C C . t�'�. /ciirn.
David C. Patek
Director of Public Works
DCP /clm
Enclosure
cc: Pam Ubrig, City Clerk (w /original)
Lynn Lorenson, City Attorney (w /copy)
Steve Gohde, Assist. Director of Public Works (w /copy)
Contract 10 -13 File Copy (w /copy)
CONSTRUCTION STAGING AREA LICENSE AGREEMENT
This License Agreement ( "Agreement ") is between the City of Oshkosh, a
Wisconsin Municipal Corporation ( "City ") with a principal address of 215 Church
Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903 -1130, and Vinton Construction
Company, a Michigan Corporation ( "Vinton "), with a principal address of 2705 N. Rapids
Road, P.O. Box 1987, Manitowoc, Wisconsin 54221 -1987.
RECITALS
The City is the owner of the following property ( "Property ") which is the subject of
this Agreement:
The Legal Description Identified in Exhibit A, Attached
The Property is commonly known as 1805 Jackson Street, Oshkosh, and was the
former site of a KFC restaurant. The City purchased the Property in 2009 because part
of the site is necessary for use in the reconstruction of the Jackson Street / Murdock
Avenue intersection ( "Intersection ").
Vinton has entered into a contract with the Wisconsin Department of
Transportation for the Intersection reconstruction. This Intersection is in an urban area
with limited space to store construction equipment and material.
Storing equipment and material near the construction site results in efficiencies in
terms of both time and cost savings. Although the reconstruction is a WisDOT project,
the Intersection carries significant traffic within the City's transportation system.
Construction efficiencies benefit both the City and Vinton and form the underlying
consideration for this Agreement. Therefore, the City agrees to allow Vinton temporary
use of the Property pursuant to the terms and conditions in this document.
AGREEMENT
1. LICENSE. The City grants to Vinton a temporary and non - exclusive License to
use the Property for the purpose of a staging area for the reconstruction of the
Intersection. The rights of Vinton under this License shall include a nonexclusive right
of Vinton over and across the Property for storage and use of construction equipment,
supplies, and material, and for ingress and egress. Vinton shall cooperate with the City
in determining the layout and use of the Property, and in protecting the City's permanent
future use of the Property after this Agreement is terminated.
2. TERM. The term of this License begins on the date this Agreement is
executed. Vinton agrees that the Director, or their designee, of the City's Department of
Public Works ( "Director") shall have the sole discretion in determining the date this
Agreement terminates. The Agreement termination and termination events are as
follows:
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a. If Vinton will be completing the Intersection reconstruction project,
this Agreement will terminate no sooner than seven (7) calendar
days after the Director determines the reconstruction is complete.
The Director shall provide Vinton with written notice of the
termination date no Tess than seven (7) calendar days prior to the
termination date selected.
b. If Vinton will not be completing the Intersection reconstruction
project, the City may terminate this license at any time upon written
notice to Vinton no less than seven (7) calendar days prior to the
terminate date selected.
c. If Vinton materially breaches this agreement, the City shall have the
right to terminate this License upon written notice no less than
seven (7) calendar days prior to the termination date.
d. Vinton shall cooperate with the City's requirements for grading and
landscaping in the Property during and after the Intersection
reconstruction project.
e. When this license is terminated for any reason, Vinton shall remove
all equipment, fencing, materials, debris, its hazardous materials,
and so forth from the Property and any adjoining properties, and
completed all grading and seeding requirements, on or before the
termination date. Vinton shall be responsible for the cost of any
obligation it fails to complete.
3. USE. This Agreement allows / requires Vinton to use the Property as follows:
a. Vinton shall remove the parking lot pavement and base course,
shall remove the former KFC building frostwalls (assuming 4 ft.
depth and 8 inch thick, with footings), and remove and dispose of
Tight pole bases and or sign bases.
b. Vinton shall not be responsible for any utility disconnects, conflicts,
or relocations.
c. Vinton shall preserve the cedar trees in the northwest corner.
d. Vinton's use of the Property may include the location of
construction trailer, construction equipment, a materials trailer,
construction materials, and other uses related to a staging area.
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e. Vinton shall obtain the approval from the Director of a Property site
plan, which may include storage locations, fencing, and access.
Vinton shall not permit any waste or damage done to the Property.
f. Vinton shall maintain the Property and keep the area in good
condition and repair and free of any litter, construction debris, and
shall not allow litter, debris, or materials to blow away from the site.
g. Only materials and equipment used for the Intersection
reconstruction shall be on the Property.
h. Vinton shall take all reasonable measures to cooperate with
surrounding property owners in efforts to minimize adverse effects
of Vinton's use of the Property.
i. Vinton shall grade, seed, fertilize, and mat the Property no later
than the completion of the Intersection reconstruction. Vinton shall
be required to import topsoil and other material that are necessary
for grading and seeding the property.
4. FEE. No fee shall be required.
5. INDEMNIFICATION. Vinton agrees to hold the City, its officers, officials,
agents, and employees harmless from any and all liability, including claims, demands,
losses, costs, damages, and expenses of every kind and description (including death),
or damages to person or property arising out of the terms of this Agreement where such
liability is founded upon or grows out of the acts or omission of any of Vintons' officers,
employees or agents while acting within the scope of their employment. Subject to any
limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes,
the City agrees to hold Vinton, its officers, officials, employees and agents harmless
from any and all liability, including claims, demands, losses, costs, damages, and
expenses of every kind and description (including death), or damages to person or
property arising out of the terms of this Agreement where such liability is founded upon
or grows out of the acts or omission of any of the City's officers, employees or agents
while acting within the scope of their employment.
6. RISK OF DAMAGE OR LOSS. Vinton, as a material part of the consideration
to the City, hereby assumes all risk of the damage to or loss of anything it places on the
Property, or of injury to all persons and personal property under, on, and over the
Property. Vinton accepts the property "as -is," and releases the City and waives its any
recovery against the City for any Toss arising out of or incident to Vinton's use of the
Property.
7. HAZARDOUS MATERIALS. Vinton shall not use, generate, manufacture,
store, transport, or dispose of any flammable liquids, radioactive materials, hazardous
materials, hazardous waste, or similar material (collectively, "Hazardous Materials ") as
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that or these terms may be defined under federal or state laws under, on, or above the
Property. Excepted from the previous sentence are Hazardous Materials in the
vehicles, equipment, or materials that Vinton will use for the Intersection reconstruction.
Any discharge, leakage, or spillage of hazardous materials of any type under, on, or
over the Property as a result of Vinton's use of the Property, shall be reported to the
City pursuant to this Agreement, and to others as required by law. Vinton, at its sole
cost and expense, shall undertake all appropriate remediation on the Property affected
by its discharge, leakage, or spillage of Hazardous Materials, whether owned by the
City of any third party, to the satisfaction of the City and any governmental body have
jurisdiction thereof. Vinton shall not be responsible for any Hazardous Materials on or
under the Property, whether known or unknown, present as of the date of this
Agreement.
8. INSURANCE. Vinton shall maintain in full force and effect during the term
of this License, at Vinton's sole expense, a policy of comprehensive general liability
insurance in terms and amounts satisfactory to the City. The City shall be included as
an additional insured using language provided by the City. A copy of Vinton's certificate
of insurance that identifies the City as an additional insured shall be provided to the City
prior to the beginning of this License.
9. DEFAULT. In the event of a breach by Vinton of any of the terms of this
license, all rights of Licensee hereunder shall cease and terminate, and in addition to all
other rights licensor may have at law or in equity.
10. RULES AND REGULATIONS. The Director shall have the sole right to
establish and enforce reasonable rules and regulations concerning the management,
use and operation of the Property by Vinton, including addressing issues related to how
Vinton's use of the Property affects adjoining properties. Vinton agrees that it is in their
best interest not to include specific rules and regulations in this agreement to maintain
flexibility in its use of the Property. Compliance with any subsequent rules and
regulations established by the Director by Vinton, its officers, agents, employees and
subcontractors are expressly made terms of this Agreement when they have been
provided to Vinton in writing.
11. ASSIGNMENT AND SUBLETTING. The license and Agreement is personal
to Vinton and cannot be sold, transferred, encumbered, or pledged to any other person
or entity without the specific written approval of the Director. In the event the Director
approves any sublease or assignment of this license, any such sublease or assignment
shall not relieve Vinton of its obligations under this license.
12. GOVERNING LAW. This license Agreement shall be interpreted, enforced, and
governed by the laws of the State of Wisconsin, and any disputes shall be resolved
Winnebago County, Wisconsin.
13. AMENDMENTS. No provision of this Agreement may be amended or modified
except by an agreement in writing executed by both parties.
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14. SEVERABILITY. The determination by a court of competent jurisdiction that
any term of this Agreement is invalid, illegal, or unenforceable shall not invalidate the
remainder of the Agreement.
Date: - 2 - 20/o
CITY OF OSHKOSH
M k A. Rohloff, City Manager Pam R. Ubrig, City Clerk
Apprlved by:
W )...411
. Lore'iiity Attorney
Date: 3 �
°
VINTON CONSTRUCTION COMPANY
By. �/ _ -
(print name) (print title)
-T. MAPLE.3/ //,E IRES,IiNT
Exhibit "A"
Legal Description:
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That part of the Southeast 1/4 of the Southeast 1/4 of Section Eleven (11) Township
Eighteen (18) North, of Range Sixteen (16) East, in the Twelfth Ward, City of Oshkosh,
Winnebago County, Wisconsin, described as follows, viz:
Commencing at the Southeast comer of Section; thence South 89 degrees 50
minutes 47 seconds West, along the South line of said Section, 40.00 feet;
thence North, parallel with the East line of said Section, 30.00 feet, the place of
beginning; thence continuing North, parallel with the East line of said Section,
151.50 feet, to an iron pipe; thence South 89 degrees 50 minutes 47 seconds
West, parallel with the South line of said Section, 137.18 feet, to an iron pipe;
thence South 0 degrees 7 minutes 57 seconds West, 151.50 feet, to an iron pipe
on the North line of West Murdock Avenue; thence East, parallel with the South
line of said Section, 137.53 feet, to the place of beginning, excepting therefrom
that portion thereof heretofore acquired by the City of Oshkosh by Award of
Compensation recorded as Document No. 510613.
More fully described as follows:
Commencing at the Southeast comer of Section 11; thence S89 degrees 50
minutes 47 seconds W, 40.00 feet along the South line of the Southeast 1/4 of
Section 11; thence N00 degrees 00 minutes 00 seconds E, 181.50 feet parallel
to the East line of the Southeast 1/4 of Section 11 to a point on the West right -
of -way line of Jackson Street (D.S.H. 1145) and to the point of beginning;
thence S02 degrees 02 minutes 05 seconds W, 46.53 feet along the West line;
thence SOO degrees 00 minutes 00 seconds W, 79.50 feet along said West
line; thence Southwesterly 13.35 feet along the arc of a 17.00 foot radius curve
to the right of said West line, having a chord which bears S22 degrees 20
minutes 47 seconds Wand is 13.01 feet in length; thence S44 degrees 50
minutes 47 seconds W 7.79 feet along said West line; thence Southwesterly
13.35 feet along the arc of a 17.00 foot radius curve to the right of said West
line, having a chord which bears S67 degrees 20 minutes 47 seconds Wand is
13.01 feet in length, to a point on the North right of -way line of Murdock
Avenue; thence S89 degrees 50 minutes 47 seconds W, 113.42 feet along
said North line; thence N00 degrees 07 minutes 57 seconds E, 148.50 feet;
thence N89 degrees 50 minutes 47 seconds E, 137.18 feet to the point of
beginning.
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