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Home My WebLink AboutEncroachment 07-0046-0000 Encroachment Agreement 1 Ti REGISTER'S OFFICE meat Number WINNEBAGO COUNTY, VI RECORDED ON 06/06/2011 09 :27A?1 JULIE PAGEL REGISTER OF DEEDS RECORDING FEE 310.00 TRANSFER FEE OF PAGES 8 Recording Area Name and Return Address City Attorney's Office Oshkosh, WI 54903 -1130 0700460000 Parcel Identification Number CITY OF OSHKOSH AND PROPERTY OWNER This document drafted by: David J. Praska, Assistant City Attorney City of Oshkosh, Wisconsin 1 REVOCABLE ENCROACHMENT AGREEMENT This agreement is between the City of Oshkosh ( "City") and the JRD Investments, LLC, a Wisconsin Limited Liability Company ( "Owner "). The parties enter into this agreement for $1.00 and other good and valuable consideration, the receipt of which is acknowledged. • The Owner is the fee owner of the property commonly known as 571 North Main Street ( "Property "), and is more particularly described as: Lots 19, 20, 21, 22, 41, 42, 43, 44, 45, East Seven (7) feet of Lot 46, Lot 23 excluding the North Four and Six/Tenths (4.6) feet, all in Hennings Plat of Lot 2, Block 43, City of Oshkosh, Winnebago County, Wisconsin. Adjoining the Property along its East boundary is a public right -of -way used for various public utilities, public sidewalks, and a public vehicular way commonly known as Main Street. The City currently is responsible for maintenance of the right of way for this section of Main Street and therefore has the authority to enter into this agreement. The Owner desires to erect three (3) awnings which will be attached to the Owner's building on the Property and will project over and extend into the right of way no more than two feet nine inches (2' 9 ") from the face of the building. No structure or object, including any of the proposed awnings, is allowed to project into a right -of -way without the City's permission. The City of Oshkosh has reviewed the Owner's request and will allow the placement of the requested Projecting Awnings subject to the terms and conditions identified in this agreement. Both parties agree that all of the City's terms and conditions in this document are to be considered material. Specific terms and conditions of this agreement between City and Owner follow. 1. The City grants permission to the Owner to attach three (3) awnings to the building on his Property which will project into the right-of-way of Main Street, provided that the Projecting Awnings are materially similar to the awning design and specifications submitted for the City's approval ( "Projecting Awnings "). • Drawings of the allowed Projecting Awnings are attached hereto as Exhibit A. 2. The City's permission for these Projecting Awnings are contingent upon the initial, and continuing, compliance with all applicable local, state, and federal codes and rules. The Projecting Awnings shall comply with City Ordinances, including but not limited to requirements for permits, structures, signs, projecting signs, Chapter 30 -37 and Chapter 30 -27. 3. The Owner agrees that he is solely responsible for the installation and maintenance of the Projecting Awnings, and that he is solely responsible for any and all personal or property damage caused by the Projecting Awnings. 4. The Owner is solely responsible for securing, maintaining, repairing, and replacing the Projecting Awnings. The City's permission and approval of the Projecting Awnings is not related to the Owner's responsibility for the short and 2 long term stability and safety of the Projecting Awnings. 5. The Owner acknowledges and agrees that public utilities and facilities, and the street and sidewalk, in the right -of -way are subject to maintenance, repair or replacement. In the event that maintenance, repair, or replacement of public utilities or facilities in the right -of -way will need to occur, the City agrees to make reasonable efforts to notify the Owner of these activities so that the Owner may remove or otherwise protect the Projecting Awnings. If the Owner elects to remove or otherwise protect the Projecting Awnings, such actions must be taken within the timeframe for the City's anticipated work. However, the City shall not be responsible for any damage to the Projecting Awnings, or any structure to which the Projecting Awnings are attached, related to the City's actions in its right of way. The City has no obligation, but shall be allowed to remove, at its sole discretion, the Projecting Awnings for the purpose of maintenance, repairs, and replacement of utilities and facilities within the right of way. The Owner shall be responsible for reinstalling /reattaching the awning in those circumstances where the City removes the Projecting Awnings. The City shall be reimbursed by the Owner for all costs and expenses related to removing or protecting the Projecting Awnings. The Owner gives the City permission to enter, access, and alter his property that is not in the right of way for the sole purpose of removing or protecting the Projecting Awnings. 6. The City is allowed to revoke its permission for one or all of the Projecting Awnings for any of the following reasons: a. The City's use of the right of way prohibits the continued location of the Projecting Awning(s); b. Local, state, or federal rules, laws, or guidelines relating to public sidewalk or street clearances or distances prohibit the continued location of the Projecting Awning(s); c. The Owner fails to property maintain, repair, or replace the Projecting Awning(s); d. The Owner fails to provide the City with annual written proof that the Projecting Awnings are covered by the required insurance. 7. The Owner releases the City of Oshkosh, its employees, agents, elected officials, and authorized volunteers from all debt, claims, demands, damages, actions and causes of action whatsoever which may result from the Projecting Awning. The Owner shall protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which are related to the Projecting Awnings. 8. Both parties understand and agree that accidents and incidents occurring on City rights of way may result in lawsuits or threats of lawsuits against the City. Therefore, the Owner agrees to indemnify and pay to the City all amounts that the City may be required, obligated, or adjudged as responsible to pay, for any dispute or action related to the Projecting Awnings. This indemnification is broad, and shall include damages, attomey's fees and costs, and defense costs. The payments required of the Owner by this paragraph are due no later than 30 days after written request for such indemnification. The Owner agrees that this paragraph shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City under this agreement. 3 Dated this Z C day of 1/2 , 2011. OWNER: JRD Investments, LLC obert Wolf, Ma ing Member STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY) Personally came before me this (2 C day of me , 2011, the above -named Robert Wolf to me known to be the person(s) who executed the foregoing docu and ackn the same. iir-j) Notary Public, i� o., Wisconsin My Commission: /2_ I / Y CITY OF OSHKOSH By: .- /eC A n d : a I �u=_ ' 6 _ '` Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) SS. WINNEBAGO COUNTY ) _ 51 ,�M Personally came before me thi day of /i Li— 2011, the above -named MARK A. ROHLOFF, CITY MANAGER, AND PAMELA R. UBRIG, CITY CLERK , of the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. (i}' (11 /1- , ' / ,( i q Notary Public, Winnebago Co., WI My Commission expires/is: - 7 z `2'/ 5 C co cn a ao cg a.A - n a@ 3 :/1 o `° 3 0 O N csu -T1 * m tO < 3) o. 0 t 1-6-1 70 ca (C) -, OD 00 ot .p 03 w cn C .... w v- a -P -n @3 cr =. W a n c o � Cl} m co rn m O .. °° rt �" ai o 0 + 03 y, w , Oshkosh Tent & Awning Co., Inc. The Roxy Drawn by: Alan Benzschawel Date Drawn: May 4, 2011 110 East Fernau Avenue 571 N. Main Street Revised by: Oshkosh. WI 54901 Oshkosh, WI 54901 RP.VIlilnri Date r. 3 = afn a' al -P m aD m @ 3 03 -J c 0 n c 0 0 0 ° m 0 C 5 J, 1 0. 0 0 2 cri xi 0 co 0 a. � j V) D to 2. m c C 1 i) O� . J f Exhibit A g DFI • Oshkosh Tent & Awning Co., Inc. The Roxy Drawn by: Alan Benzschawel 110 East Femau Avenue 571 N. Main Street Date Drawn: May 4, 2011 Revised by: Oshkosh, WI 54901 Oshkosh, W154901 Revision Date: f �� • 0Q> - 3 - 3 n � rn m a. - d Z o 0 w c o m M CD mCO CD 0 Exhibit ,. or-' Drawn by: Alan Benzschawel The Roxy Oshkosh Tent & Awning Co., Inc. Date Drawn: May 4, 2011 110 East Femau Avenue 571 N. Main Street Revised by: - _ Oshkosh W! 54901 Oshkosh, WI 54901 Revision Date: ° ca CD rs a. - as - n@ 3 co —,.. m 3 co � Ill m v Ch IZ 0 El .� Q° — �, cl: Q. a CD * W C N t� 5. 5 ' OD O O- r M = co . mCa CD C SD , O . • Exhibit 4o f Oshkosh Tent & Awning Co., Inc. The Roxy Drawn by: Alan Benzschawel 571 N. Main Street Date Drawn: May 4, 2011 110 East Femau Avenue Revised by: Oshkosh. Wi 54901 Oshkosh, WI 54901 Revisi4aDate: