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HomeMy WebLinkAboutAMENDED Covenant/Parking Agreement 422-424 N Main St 2010 1 Ji •9 E., el Amended Covenant and N ,� A � 209 REGISTER'S OFFICE Parking Agreement WINNEBAGO COUNTY, WI RECORDED ON Document Number Document Title 91/08/2010 09 s 01 AH JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 17.00 Re: 400 Block East North Main Street TRANSFER FEE Parking Lot Reconstruction Project 8 OF PAGES 4 Oshkosh, Winnebago County, Wisconsin 422 -424 North Main Street Amended Covenant and Reserved Parking Agreement between Recor din g Area r Name and Return Address City of Oshkosh, Grantor, and 422 and 424 North Main Street, LLC, Grantee City Attorneys Office Oshkosh, WI 54903 -1130 The purpose and effect of this Amended Covenant and Reserved Parking Agreement is to allow the owner of the real 90 8-0017 property with the following description ( "Grantee Property"), Parcel Identification Number (PIN) North 17.86 feet West of Alley of Lot 2, Block 40 of Leach's Map of 1894, 4th Ward, City of Oshkosh, Winnebago County, Wisconsin. Parcel ID: 904 -0084 South 1/2 of North 35.73 feet West of Ailey of Lot 2, Block 40 of Leach's Map of 1894, 4th 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 for each of the two (2) parcels identified above 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, 4th Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID's: 904 -0093, 904 -0089, 904 -0092. This instrument drafted by: Attorney David J. Praska Oshkosh, WI54901 -1130 67/74 AMENDED COVENANT AND RESERVED PARKING AGREEMENT ,� This Amended agreement, made this' day of December, 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: This Amended agreement supersedes and replaces the Covenant and Reserved Parking Agreement recorded with the Winnebago County Register of Deeds on August 25, 2009 as Document Number 1516727. The purpose of this Amendment is to correct an error on the previous document by providing for one (1) reserved parking space which will attach to each of the two (2) Grantee parcels identified in this document, according to the terms and conditions as described in this document. The consideration exchanged by the parties for this Amended 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 and abide by a separate Easement document which was recorded with the Winnebago County Register of Deeds on August 25, 2009 as Document Number 1516728 which relates to real property currently owned by Grantee. •` The purpose and effect of this Amended 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, 4tn Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel ID: 904 -0084 South t/ 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 for each of the two (2) parcels identified above 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 Each of the two (2) parcels of the Grantee's Property shall have the benefit of one (1) reserved parking space for a term commencing on the date of this document and ending December 31, 2024. The reserved parking space will be located on the perimeter of the parking lot 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 Grantor and Grantee understand that the municipal parking lot, including Grantee's one (1) reserved space for each of the two (2) parcels, 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 altemative parking, at its own expense. The Grantor agrees to maintain parking lot and Grantee's reserved 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 Amended 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 Amended 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 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, 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 reserved parking spaces. 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 spaces. The covenants and restrictions identified in this document shall be attached to and run with each of the above described parcels 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. In the event the parcels comprising the Grantee's Property no longer have a common owner, one (1) parking space shall remain attached to each parcel for the benefit of subsequent owner(s). The Grantor retlins sole discretion to assign and change assignments of parking spaces at any time. 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 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 spaces, 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 Amended 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 Amended 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 Amended 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 Amended agreement and continue throughout its term. 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: 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 spaces 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 Amended 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 Amended 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 Amended agreement and third parties. If any provision of this Amended 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 Amended agreement shall remain valid and enforceable to the fullest extent permitted by law. All parties intend for this Amended 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 Amended agreement. 422 and 424 NORTH MAIN STREET, LLC CITY OF OSHKOSH Signed Signed in the City of Oshkosh, Si gn in the City of Oshkosh Winnebago County, Wisco in, Winnebago Co ty, Wiser), in, p/o on this the c / di of- e c e m be 42 009. on this the i i day of ,19997 YYT...e..,, `� i, A, Megan H. I J g, Managing M 4. • . Rohloff, City Manager ' City Of a shkosh, G • ' tor' alPit 1 1 Ail ", UrCY)/ Pame 7 Ubrig, City Clerk City Of Oshkosh, Grantor STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this k9 day of 2009, MEGAN H. LANG, to me known to be the persons who executed the foregoing ins • • • and acknowledged the same. • ..I MN No . . ic, Wini ago County, WI My Co • sion: -c;13 STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) : 0/D Personally came before me this day of W 4 _i./..., -2099; MARK A. ROHLOFF and PAMELA UBRIG, to me known to be t p 1.ons who e ecuted the foregoing instrument and acknowledged the same. P.( /,.( -' .1011"' Not blic, WYnebago County, WI My ommission :. O //, // - / 7 - 0,3 Drafted By: Attorney David J. Praska v� Assistant City Attorney, City of Oshkosh, 215 Church Street, Oshkosh, WI 54902 i