HomeMy WebLinkAboutJeffrey Marsh 0700100000 Dec. 3. 2(011 2 : 51FM CITY OF OSHKOSH INSPECTION No. 77P H 2
1 5 8 9 6�'�i
Encroachment Agreement I liI�fiSTEERR'COUNTY,FFIICEMI
riocnwenl Number
RECORDED OM
• - ••MO 12/16/2911 a8:53AN
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 39.0
TRANSFER FEE
A OF PAGES 7
i
Reeordlnn Area
-flame and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
90700100000 Ci
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by:
David J. Praska, Assistant City Attorney
City of Oshkosh, Wisconsin
Draft Date: November 2, 2011 1
0/
8. 2011 2: 5'N CITY OF OSHKOSH INSFETIOI No. 7780 r'. 3
REVOCABLE ENCROACHMENT AGREEMENT
This agreement is between the City of Oshkosh ("City"), and Jeffrey J. Marsh
("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 423 North Main
Street("Property"), and with a summary description as follows:
The South %2 of Lot Four (4) of Block Forty-Four (44), in the Seventh
Ward, City of Oshkosh, Winnebago County, Wisconsin, per Leach's
Map of 1894.
Adjoining the Property along its East boundary Is a public right-of-way used for
various public utilities, public sidewalks, end a public vehicular way commonly known as
Main Street. The City currently owns and/or 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 an awning (Projecting Awning), to be attached to the
Owner's building on the Property and will project over and extend into the right of way no
more than three feet four Inches (3' 4") from the face of the building. No structure or
object, including the proposed awning, is allowed to project into a right of way without the
City's permission.
The City of Oshkosh has reviewed the Owner's request as described in this
document,and will allow the placement of the requested Projecting Awning 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 an awning to the building on
his Property which will project into the right-of-way of Main Street, provided that
the Projecting Awning Is materially similar to the Awning design and
specifications submitted for the City's approval. All parts of or related to the
Awning shall have a minimum sidewalk clearance of eight(8)feet, or distance
otherwise required by code or City policy. A drawing of the Projecting Awning
allowed Is attached hereto as Exhibit A.
2. The City's permission for this Projecting Awning is contingent upon the initial,
and continuing, compliance with all applicable local, state, and federal codes
and rules. The Projecting Awning 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 Awning, and that he is solely responsible for any
and all personal or property damage caused by the Projecting Awning.
4.. The Owner is solely responsible for securing, maintaining, repairing, and
replacing the Projecting Awning. The City's permission and approval of each of
Draft Date: November 2, 2011 2
GEC. 3. 21.111 2 : 52FM CITY OF OSHKOSH iNSFECTiOk No. 7780 4
the Projecting Awning is not related to the Owner's responsibility for the short
and long term stability and safety of the Projecting Awning,
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 Awning if affected. If the Owner
elects to remove or otherwise protect the Projecting Awning, 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 Awning, or any
structure or hardware to which the Projecting Awning Is 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 Awning 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 Projecting
Awning in those circumstances where the City removes the Projecting Awning.
The City shall be reimbursed by the Owner for all costs and expenses related to
removing or protecting the Projecting Awning. 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 Awning.
6. The City is allowed to revoke its permission for the Projecting Awning for any of
the following reasons:
a. The City's use of the right of way prohibits the continued location of the
Projecting Awning;
b. The Projecting Awning Interferes with or may potentially damage
landscaping and/or other streetscape improvements;
c. 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;
d. The Owner fails to property maintain, repair, or replace the Projecting
Awning;
e. The Owner fails to provide the City with annual written proof that the
Projecting Awning is 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
Awnings. The Owner shall protect, hold harmless, and Indemnify the City of
Oshkosh against all actions, claims and demands of any kind or character
whatsoever which are related to the Projecting Awning.
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 Awning. This Indemnification is broad,
and shall Include damages, attorney's fees and costs, and defense costs, The
payments required of the Owner by this paragraph are due no later than 30 days
Draft Date: November 2, 2011 3
uFcc. o. 2011 2: 52PM CiTY OF OSHKOSH INSPECTION N�o. 7730 F, 5
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.
9. At all times during which the Projecting Awning encroaches Into the right of way,
the Owner's property liability Insurance shall cover all potential liabilities related
to the Projecting Awning. The Owner's insurance shall provide reasonable
coverage for potential damages to persons and property caused wholly, or In
part, by the Projecting Awning, Minimum Insurance coverage related to the
Projecting Awning shall be $500,000 for each occurrence for bodily injury and
property damage liability and $500,000 general aggregate. The Owner's
insurance shall include the City of Oshkosh as an additional insured on its policy
for claims, liabilities, and damages related to the Projecting Awning, The owner's
insurance shall provide primary coverage and that any insurance or self
insurance maintained by the City of Oshkosh, its officers, council members,
agents, employees or authorized volunteers will not contribute to a loss. The
Owner shall annually provide the City with proof of insurance for the Projecting
Awning.
10. The City's permission is personal to the Owner, is not Intended to convey any
property rights, and cannot be transferred or assigned to any other person or
entity, whether voluntarily or involuntarily. The Owner's rights contained In this
agreement do not attach to property and do not run with the land. Permission
for the Projecting Awnings is revoked immediately and without notice as of the
time that any person or entity other than the"Owner"identified In this document
becomes a fee owner, whether in whole or in part, of the property at 423 North
Main Street. Revocation of permission for the Projecting Awning will also occur
where the Owner forms an entity of which he Is the sole or partial owner.
11, The Owner's responsibilities pursuant to this agreement extend to other
persons, contractors,and agents performing work on Owner's behalf and related
to the Projecting Awning.
12. This agreement is solely for the benefit of the parties to this agreement, and it is
not intended to benefit any third party.
13, The election to enforce or not enforce any term of this agreement, or any
statute, code, or rule, as well as the timing of such enforcement, shall be at the
City's sole discretion and shall not act as a waiver of any rights to exercise any
right relating to the Projecting Awning in the future.
14. This agreement shall Incorporate all immunities and limitations provided to
municipalities within the Wisconsin Statutes, regardless of whether a claim is -
based upon contract, tort, or other theory.
This agreement shall riot run with the land.
•
This agreement shall become effective upon the last date a party signs below.
[SIGNATURe PAGE FOLLOWS)
Draft Date: November 2, 2011 4
.. . . ......... .. .... .........
)e':, 3. 21)11 2: 52:PI CITY OF OSHKOSH INSPECTION Nc. 7730 6
PROPERTY OWNER:
•
r: r.rsh
STATE OF WISCONSIN )
) 8s.
WINNEBAGO COUNTY )
Personally came before me thls day of ,2011,the above-named Jeffrey J.Marsh,to
me known to be the person(s)who executed the foregoing document and ac owled d the same.
Notary Public f,N„QNts. Co„Wisconsin
My Commission:-s. t,l,p,\1 \���Z
CITY OF OSHKOSH
By: /4-1— And: �.. • �t
Mark . Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
Ss.
WINNEBAGO COUNTY )
Personally came before me this !` 4 day of becem b,o_, 2011, the above-named MARK A.
ROHLOFF,CITY MANAGER,AND PAMELA R.URRIo,CITY CLERK,of the Cily 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 Inst ment as such officers as the deed of said
corporation,by its authority.
Notary Public,Winnebago Co.,WI
My Commission expires/Is: 2- c`-13
Draft Date: November 2, 2011 5
'''I- ' 21111 2: 52FM CITY OF OSHKOSH INSFECT:Ok 778U ,.,
No 7
..__ _.• ..........=.—_____
—.—,,:•,'/,.. -.... ,,,,
. 1.,•... :-..-'1'r.....;":,:: •. . -
ir,,i- -;-... ..,„
0 0
.... .. .„-„,.... -... --.
71 ;1 ab
..
r-,1',..'' .• , : ' .- . .
cc •-•■
(I). .',...*:,t.,••-••, '-t- ,, ;, .' CT CT I)
- -!-/. ...,•• - .-''''-' lal S2i) —
--- l',1C-,---.1. ''''.- :•.;','.'A .
0 0
,I .„....... 0 z
I. I, 1,.;-_,..:,...:f.„,-,---_,
.
:.,:1-1_,,,...,...„....„.....,_.....„,,..3
7•.':.X,4•;,' .„1.,:q4;,,` :--;,::;-c ‘C a tl,
-
-, :,,,:,,..f.,•$;,,-....----,,---4,'=3,.,...f,4
1,,:,. .•,!er.7:*',.1;e,"4-1 :;""*.1 n o
co
02 0?
m ,':,5,',.t4r,!1, •,:"-Y.ce'-i-,,,,''-'
a) -------..-:_..-____t-..--_-_. ,-, ,k,.,,q---,•fi-f-,,,r;-:',.,,ffrf,,e■A= .____- :_.1-7_,
CP ...,„:-...*„...--,, ..-., -„,- •-•
, •,•,.•..,-1,•-..,7,11-,. ,.,-..
. ....'r •4=.......r;..e5;F•,•,./'.,:l
r--/-
- 1' r-;•.••,,-,Ar',,_,••-t•'•'•;,•"- .1-,4
(i) M .. ,';',-,-;;E:•:'1,..:5,••:'•••-•`•;.-/-iii, •4
8-4- Si'■''itl Vi.-1., •--1Xt--1
0 CD ,0 ,.,t-,0,A,r•L-,...- t,..-:-,i,,.
....." < _,.. ". Id., ??/,;"•.-/.1-c.?P'3,f,,,.,•tr-,•I
_1._ ;01/P-:`:::: f?,'F,,,:-.-.V.,':.f".•5,1,
0 —•
0
i '„Z' •:',1,,,-1147:::a-r.N.,,,,,,.-:
,.11,14,-,
_ rn-74f..,;tt.fi4t--.-,---?..4s-; ...]
r-1.
...,< ., ;;tz"-.5--
> w ;~,--i.f."-i*".,Ci,:z:t;•!-$.-',.°;,-1
0.-x-',E ,4?..::41i,,,1:.ff'_;,;:::e,.,,•V;
€0,
(D va:-.-:
„,....'‘-,,,...,y-i-_-A
.D •:.-_-.-:-- . ti.‘1,`'.1.i,-,=-',%; `i•of•""ti,•,..,;a.,
- •. -.,0."-,•;•i'i-I''..',e-,7',1:`v_174-.,3
OD ''",,'1,4,1:-'3:4--.7.1;1-,.-/fr,,,; •;•-,-".-.••I
1 •.'' .•'.>"-•--;!'•`-•.-t. ...'.--‘6;".;,
i. -,” •;,,-:•/-.1,=-:1'..t`"`":'.-1
•- ;••,, c-•;'14,.%'4--(,--'-.: -..1.7
''' '''!".il:''''rtCY:'..■`.:,,,7,>-..t p a.
'....: 4.
[ ...:(.Yr ,i;;.: ,)5);:'-':''15
' e
01
..
--se--
...■I
J--
• :--
Z
0 II --..w.) -■11-1
M ta
CD -Pt. • •• t.J.....- • .
< „,,,z..- .,t,„...„...1,,•7
&t" ."•• '. ';''. ' t .
CD _____
0 ,,,
M CD 1
Oshkosh Tent 8, Awning Co,, Inc, Marsh Family Eye Cara Drawn by:Alan Benzscha■vei Date DraWn:October 25, 2011 ,
_
423 N. Maln Street
110 East Fernau Avenue Revised by:Alan Benzschawei
Oshkosh, WI 54901 Oshkosh, WI 64901 Revision Dale:November 1,2011
Exhibit 4 tb
Dec. 3. 2011 2: 53PM CITY OF OSHKOSH INSPECTION Nc. 7730 P. 3
! ,
' N.NNN
>
= 5—
(CI
, * X
m N
.A.1-.). CD
n r- CD
a CD N . (1)
co co
CD
crii.) E-to m co o
JR a w 0
CD
ii.-) l' f33 cn
:-_-.•.. 0 0
0 M x
0 >
CD *
cn CC
V ,_INN1441Sb■, :.
-.1m0111
„--0---------
II II I
h $
NN
71 w1 "T1 ELI M
ca (0 CO CD co co ,
Oshkosh Tent &Awning Co., Inc. Marsh Family Eve Care Drawn by:Alen Benzschawel
110 East Fernau Avenue 423 N. Main Street Dale Drawn:Oclober 26,2011
Revised by:
Oshkosh, WI 54901 Oshkosh,WI 54901 Revision Dale:
.. Exhibit