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HomeMy WebLinkAboutMaintenance Agreement/Oshkosh River Devel (Dri&wna4 — de'rEc, cori - :Gomm. IIH1IIIIII Cop.(- C;4.{ 8004544 3/24/1- Tx:4002724 Maintenance Agreement 1594522 Document Number Document Title REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 021'14/2012 12:716 PM JULIE PAGEL REGISSTER OF DEEDS RECORDING FEE 30,00 Recording Area Name and Return Address: City Attorney Office PO Box 1130 Oshkosh,WI 54903-1130 901-0202 Parcel Identification Number (PIN) Maintenance Agreement This document was drafted by: Attorney David J.Praska Oshkosh,WI 54903-1130 J MAINTENANCE AGREEMENT This agreement is between the City of Oshkosh(CITY) and the Redevelopment Authority for the City of Oshkosh(RDA),215 Church Avenue,Oshkosh,Wisconsin 54901,and Oshkosh River Development,LLC,a Wisconsin Limited Liability Company,230 Ohio Street, Suite 200,Oshkosh,Wisconsin 54902 (ORD). 1. ORD has entered in to a Development Agreement with the CITY and RDA for the purpose of redeveloping certain property within the CITY. A portion of the redevelopment area includes the Property which is described as follows: Lots 1,2,3,and 4 of Certified Survey Map Number 6553, located in the City of Oshkosh,Winnebago County,Wisconsin,and recorded with the Winnebago County Register of Deeds on August 8,2011,in Volume 1,Page 6553,as Document Number 1577796. The Property is further described in Exhibit A,which is attached to this Agreement and incorporated into these terms. 2. Attached to each Lot within the Property are certain covenants described in a Declaration of Cross Access Easements, Storm Water Control,and Maintenance(Declaration),which has been or will be recorded with the Winnebago County Register of Deeds. The Declaration is not attached to this Maintenance Agreement,but all parties hereto are familiar with the document and its terms and understand the incorporation of its terms into this Agreement. 3. The Declaration includes terms and requirements which result in each Lot paying a proportional share of the cost of maintaining and repairing certain areas of common interest. Areas of common interest as described in the Declaration include cross access easements,bio-filtration and storm water runoff areas, and private storm sewer areas. 4. In or around February,2012 the CITY will convey Lot 1 and Lot 3 to ORD pursuant to the Development Agreement and other agreements. After these conveyances,the CITY and/or the RDA will retain ownership of Lot 2 and Lot 4 of the Property until they are also developed. 5. The CITY and RDA have proposed that ORD be responsible,at ORD's expense,for maintenance and maintenance related issues associated with Lot 2 until such time that Lot 2 is conveyed to ORD or ORD is no longer a party to a CITY/RDA redevelopment agreement related to the Property. Additionally,the CITY and RDA have proposed that ORD be responsible for all proportional maintenance and repair costs associated with the areas of common interest as described in the Declaration. ORD accepts both proposals and agrees to be responsible for the maintenance of Lot 2 and the proportional costs for maintaining the areas of common interest as described in the Declaration. 6. ORD's maintenance responsibilities for Lot 2 include without limitations,lawn,landscaping and vegetation,drive aisles and parking areas,sidewalks,and storm water drainage. 7. ORD agrees that it will work with the Coordinator for areas of common interest to ensure that payments related to Lot 2's proportion of maintenance costs are promptly paid. In the event the Coordinator demands payment directly from the CITY and/or RDA for Lot 2's proportional costs associated with areas of common interest,then those demands shall be forwarded to ORD for prompt payment. ORD shall hold the CITY and RDA harmless for proportional maintenance costs related to Lot 2 and shall fully indemnify the CITY and RDA for all costs and expenses incurred by the CITY and RDA which are related to maintenance of areas of common interest. 8. This agreement shall expire upon the conveyance of Lot 2 from the CITY to ORD,or on the date in which ORD is no longer subject to the Development Agreement,including amendments,associated with the redevelopment of the Property. 1 9. In the event that ORD fails or refuses to reasonably maintain Lot 2,then the CITY may,at its discretion, elect to perform required maintenance on Lot 2 and invoice those amounts to ORD. 10. ORD shall be responsible for all actions,costs,and reimbursements incurred through the day this agreement expires,regardless of whether or not costs have actually been determined,billed,assessed,or paid. 11. The parties enter into this agreement for$1.00 and other good and valuable consideration,the receipt of which acknowledged and considered to be material by both parties. REDEVELOPME , dTHORITY CITY OF OSHKOSH Fi YOF ► - •.H Thomas Bel er, Chairman Mark A. Rohloff, City Manager /i/61641/ di' Attest: Allen Davis, Executive Director Pamela R. Ubrig, City Clerk OSHKOSH RIVER DEVELOPMENT, LLC Andrew J. Dumke, Managing Member g Personally appeared before me this 8th day of February 2012 the above named Thomas Belter, Chairman, and Allen Davis, Executive Director, of the Redevelopment Authority, and Mark Rohloff, City Manager, and Pamela Ubrig,City Clerk, of the City of Oshkosh, to m` known to be the persons who executed the foregoing agreement. ice No .' Pub ahkS .. _ of Xi: onsin Winnebago ..ry ci My Cb fission Expires: , .—� '� � m 2 a r7rn o LO - r2l1 0 N ° o � d yU° t'4 ,4 �1 In °S¢ F-2-,-;°40=,. � 4. g= e �� �r •••• 02553 CERTIFIED SURVEY MAP /� /[ A RE-DEIVISION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6506. !j J.�sF BEING A PART OF THE SOUTHEAST N OF THE•NORTHEAST'/.AND OF THE NORTHEAST%OF THE s-ra��e SOUTHTHEASTN OF SECTION 23,TOWNSHIP 16 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, 1035 Kepler Drive WINNEBAGO COUNTY,WISCONSIN. Green Bay,WI 54311 920.468,1976 www-aecom.com coevnel©2O,1 of,rcoto \ \ ;' /' • l 1 &,< / x \_' xoR ywrconnER ee'ox a `• A i tom'A. / \ /' ir,".`cf% f _ •'R.r. ,`•,ti^ Grba K,Q.O.�.�., a'/ I. 1 O. ' /..*gig. 2 p.`�e.,m�n.nne Q 1 ��/ qh• \ 41.64 �\��� O �, Is F.' ,. LOT 2 N l Jai 25� •' / '-'77.BB6 5�. t�lH I� , � 2 v L �''f''ri ,`,/ ..1.761 ACRES ++,li-;, _ ms's c'3 I I_i� `\� r�I'n 1 I ., ,.,:;;,. N try u ' ,r2 I � v.I n .nm.. .� Y_CRbI 31.TN:RIDE • .,,_ "g-}r`-- sworn,utn4,s luoN m U v.) '.11 "77,�4!� O-O - t a3�'e4�°,'°.,•µ, (' `6G`..` /N O.b I I ssT7.ao �•II I \/ Ne879'43•E 31{.04' . C--333'CaWFn �(a� 4 r -- e'OJ�JW w I`.,lam♦ c F I i✓ ' ' I'1 I �J U I" w ° 4,s. LOT 4 .1 / �/ LOT 3 7 $r w 46• ,.b'Y 3e6..^.54 S0.Ff :� } ±7e.000 S0.FT °c I F�•- =-187 ACRES c-.I :1.791 ACRS 1---' I co 1 - c iBUILDING j},rr ¢ `` \ 04 " Ji m ji Ia\ qp ` 4j 275 I'A. I AD` \ \ —Y---_ ir�I J--4-_,___ \ \\ ' S66'33'461V 275.34• Iy 81111 lJ llfrf/' ` 1„ MARION ROAD 1:2: I CRAIG \D• NOTES _ - - �HANSEN: - S-284D — SEE EASEMENT INFORMATION ON PAGE 2 OF 1 I I I / - APPLETON : = THIS SURVEY. I , �,• V V1 q, ; �-`� SURVEYED FOR THE REDEVELOPMENT I I `� tiD SU�v��``,,� AUTHORITY OF THE CITY OF OSHKOSH. 1 r ,l r re.,,1 11.1111 BEARINGS ARE REFERENCED TO GRID I / NORTH OF THE WISCONSIN STATE PLANE 1/ /. // COORDINATE SYSTEM,SOUTH ZONE. """�L `"`'r"' S EJECT TO EASEMENTS S OF RECORD. I I CRAIG D ANSEN S-2640 SCALE. 1'- 120 J'u;�nUrosE REGISTERED LAND SURVEYOR VEHICULAR ACCESS SHALL BE RESTRICTED � AS SHOWN HEREON. C t20• July 26,2011 THIS IS AN ORIGINAL SURVEY '———— s`"1pM O1C MAW.CASEMWr LAIC DOCUMENT IF THE PROFESSIONAL - - CASTING vswvrt uNE SEAL IS IMPRINTED IN RED AND - r-o.-.Ar uNrou"_ SIGNED IN BLUE — — — 10on'c`-"Ar LAIC s __ __._ .� __ 10,201.70 ROAD NCNr_00-eeT UNE uro ROAD cr1:T:nuNE = I ti'00 e•,11 ®�ss o sew s.,P �+ - I Nez71 vv. SHEET 1 OF 4 ---- JsrnNC P rocs UNE ©��Hero'�w II5.1�9 ¢ I u.po ,.e r A ACCS RS1RICTON 0��noe'�•n. 0 sa'.,e,;[ �' /,�{••'Lt• PROJECT No. 60103636 Po- I"IRON rtPE 1 3—No'35 0����""°s o;E®I ,. nes"'• '+- 1 OF sxn,v 1100 a N.rlouc -r' GADD FILE -ofi0107cSN+Lt:1. 1Fin o ar r wox Fin 0���N7-n zz'w,zaie u w t N50,511.0.1:: .i x�� _ - ,•-� ®���� ,s.e a 1.14,11:0 N DRAWN BY CDH r MA°°° '°CROSS N �..L.-:..ny,, E4SLUE er to et "-' °' m-;+. - .Rr w c9 .oo 40.0-09...,DATE DRAWN 7/052011 i C HA0553 CERTIFIED SURVEY MAP q A RE-DEMSION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6506. f BEING A PART OF THE SOUTHEAST''/N OF THE NORTHEAST'/.AND OF THE NORTHEAST'A OF THE �c SOUTHTHEAST'''AA OF SECTION 23,TOWNSHIP 10 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, 1035 Kepler Drive WINNEBAGO COUNTY,WISCONSIN. Green Bay,WI 54311 520.465.1976 vmw,aecom.com N comnoA;Q2O11 er AF2oN N N is Y I ' I / N\.15 / s �`°/ %6• ` `��� ^� s:cna'R+i,ESnewn�eA N.\/ _J\-j. •."2, ,' .,Fr t�-\ ,.0 ,. N 'Ain `,.`j`'"o\ ,\ \RT / `\,y/v ,` \� /\+L/ \ //gyp ty ..4y C"s A ? �` j ��' LOT 2 // ``^' .,,/j \`/ A'qiA .7.958 SIL FT °.1' _; /' \� ,( ,' <' ^'i'A ±1.783 ACRES 1 IN ~4e-4 1 N V `a d°� 2� Ii�'II I f4�' 1 C[NI<A COWIEII� Ii �--lr VDU,FASFYET'T z \` F�IION:],lfcv. E I 9EC..AIED TO \�'. ET r/A=MICR mom?PUB= s]•cnoN v.nsx,RISE r"\ \�'N. LOT4 i j � I "47 � ` •-, 12187 ACircS I � / l:'MEM ESE4E1.�nr_.. , -I•!--•fir I W \ ,c' NISO ICSR.,c ,,ICI I LOT 3 4a o x �/ - tomoe To en VACATED eT "II I .78,008 50.rr I O / SEPARATE PISIRU«0HT 1,'.. \ / .,II I .7.791 ACJiES �6_ \\` 4 � _Ii ,'IIi jJ°, '>—. L.,utuT tun:Du KR caw .,.,\‘,,,,,,.14,11/,,/, \ \ , `"....neP«Per.P«.ou 1 CRAIG \ NOTES \ HANSEN 7 lik 7- SEE EASEMENT INFORMATION ON PAGE 2 OF 1 // S-2842 z THIS SURVEY. • f•P LCTON . "° v •. WI ^`,7: SURVEYED FOR THE REDEVELOPMENT I I / -��''•....••'•�0 AUTHORITY OF THE CITY OF OSHKOSH. ��/p 15U(�v e`Al‘ HEARINGS ARE REFERENCED TO GRID I / NORTH OF THE WISCONSIN STATE PLANE I I COORDINATE SYSTEM,SOUTH ZONE. am/ , ✓2;:.------�� ECT TO EASEMENTS OF RECORD. I I CRAIG D�` SEN S-2640 SCALE 1'.. 120' SEDD„27,TM RICE R=GIST`^i ^_D LAND SURVEYOR VEHICULAR ACCESS SHALL BE RESTRICT=S RE GIST SHOWN HEREON. 050' July 26,2011 LOT 9:VNDART THIS IS AN ORIGINAL SURVEY —— SECT.LIKE DEDICATED UCCVEHT LINE DOCUMENT IF THE PROFESSIONAL - - o4-r0:c e^sorz«r 0N0 SEAL IS IMPRINTED IN RED AND - - -A. aNrERUNE N XT-P%AY:➢1E SIGNED IN BLUE "_ _ — unarm Roor RIDVr-or-w^r uIf w�-T�-Eaao I omno uvc,.sc —• AJ.r51 ROAD MITERUNC C'CI L4.96 RAC RENT L.. um: ALLY-oo nom. SHEET 12 OF 4 ------- ExRnNC PARCEL AT E - u PROJECT No. 1 62100635 AMISS R rr . ° - :w •CADD FILE I cEIOO��H I1d1 U.Rer POJn9 I' PIPE(MESS NOM]) .e_ 1 u - j��,s'T�. DRAWN BY CDH x wOSS I ,o + 77771777'..,779 EASwEnT TO 9E mmn. DATE DRAWN 1 7/05/2211 E _ —� .- L7a.Ti . I ,.D G'-C 1 LP--' CERTIFIED SURVEY MAP �y A RE-DEIVISION OF AU.OF CERTIFIED SURVEY MAP NUMBER 6506. C� a BEING A PART OF THE SOUTHEAST N OF THE NORTHEAST%AND OF THE NORTHEAST V..OF THE v SOUTHTHEAST Y.OF SECTION 23,TOWNSHIP 18 NORTH.RANGE 16 EAST,FIRST WARD,CITY OF OSHKOa-I, 1035 Kepler Dinre WINNEBAGO COUNTY,WISCONSIN. Green Bay,W154311 920.468.1978 vrnw,aecom.com C°pnlgnl 02011 ey AEC. SURVEYORS CE RTIFICATE I,Craig D.Hansen,registered land surveyor,hereby certify.That in full compliance with the provisions of Chapter 236,section 236.34 of the Wisconsin Statutes and the Land Subdivision Ordinance the City of Oshkosh,and under the direction of the Redevelopment Authority of the City of Oshkosh,owner of said land,I have surveyed,divided and mapped the following land.being all of Certified Survey Map number 6506. Being a part of the Southeast'4 of the Northeast y and of the Northeast'''h of the Souththeast%of Section 23,Township 18 North.Range 16 East,First Ward,City of Oshkosh,Winnebago County,Wisconsin.more particularly described as follows: Commencing at the East%comer of said Section 23;thence 389'34'30'W along the south Gne of the Northeast%of said section,70.48 feet to a point on the west right-of-way of Jackson Street also being the Point of Beginning;thence along said right-of-way 501'20'11"E,84.00 feet;thence continuing along said right-of-way 501'34'09"E,76.42 feet;thence continuing along said right-of-way 501'24'37"E,57.87 feet thence continuing along said right-of-way 54.96 feet along a curve to the right having a radius of 35.00 feet,whose chord bears S43'34'36"W, 49.49 feet to the northerly right-of-way of Marion Road;thence alone said right-of-way S56'33'48"W,275.34 feet;thence continuing along t { said right-of-way 125.97 feet along a curve to the right having a radius of 349.43 feet,whose chord bears N81'06'33'W,125.29 feet,thence along said right-of-way N65'46'25"W,201.33 feet to the southwesterly corner of Lot 4 of Certified Survey Map number 6506;thence along the westerly line of said Lot 4 N29'21'00"E,126.13 feet to a point on the centerline of vacated Hancock Street thence N37'23'42"E,15.13 feet along the said westerly line;thence along said westerly line N53°48'13"W,60.03 feet thence along said westerly line N37'27'03"E,134.86 feet thence along said westerly line N53°46'43"W,2.00 feet;thence along said westerly line N37'1727"E,67.49 feet;thence along said westerly One S53'46'43"E,2.00 feet,thence along said westerly One N37'17'27"E,80.11 feet to a point on the southerly right-of-way of Riverway Drive;thence along said rioht-of-way 554°04'05"E,59.86 feet to the southwesterly corner of that part of Riverway Drive being vacated per City of Oshkosh Resolution 10-14 dated 1/25/2010;thence along the east right-of-way of Riverway Drive N37'20'49"E,223.17 feet thence continuing along said right-of-way 39.10 feet along a curve to the rioht having a radius of 25.00 feet,whose chord bears N62°09'07"E,35.23 feet to a point on the southerly right-of-way of Pearl Avenue;thence along said right-of-way 553°02'34"E,225.75 feet, thence continuing along said right-of-way 2256 feet along a curve to the right having a radius of 25.00 feet,whose chord bears S27°11'23"E, 21.80 feet to a point on the west right-of-way of Jackson Street;thence along said right-of-way 501'20'11"E,212.53 feet to the point of beginning. Said parcel contains 278,637 square feet or 6.396 acres more or less. Said parcel is subject to easements of record. That the survey of said land was done under my direct supervision and the map hereon is a true and accurate representation of the exterior boundaries and the division thereof. eGON3 11, CRAIG D. I = HANSEI' •; _. S-2840 - P,PPLE I ON r4l+'rtl tt6.11"t CRAIG D.,HANScN-5-2840 REGISTE�ED LAND SURVEYOR July 26,2011 THIS IS AN ORIGINAL SURVEY DOCUMENT IF HE PROFESSIONAL SEAL IS IMPRINTED IN RED AND SIGNED IN BLUE SHEET I30F4 PROJECT No. 60100635 CADD FILE Gal.111M3&IL&1.c5Ai.Rev !1 - DRAWN BY CDH � �t f 1 ' DATE DRAWN 7/0512011 3o • . bs53 CERTIFIED SURVEY MAP. A RE-DEIVISION OF ALL OF CERTIFIED SURVEY MAP NUMBER 6506. Q @/� ��yee BEING A PART OF THE SOUTHEAST Y.OF THE NORTHEAST%AND OF THE NORTHEAST N OF THE �"�s"aO�e E SOUTHTHEAST N OF SECTION 23,TOWNSHIP 16 NORTH,RANGE 16 EAST,FIRST WARD,CITY OF OSHKOSH, WINNEBAGO COUNTY,WISCONSIN. Gree Kepler Drive Green Bay,WI 54011 920.456.1978 www.aecom.com • covrlentQ7nir ar Ac ou fv1UNICIPAL OWNER'S CERTIFICATE The Redevelopment Authority of the City of Oshkosh,a seperate body public organized and existing under and by virtue of the Laws of the State of Wisconsin,as owner,does hereby certify that said Authority caused the land described to be surveyed divided,dedicated,and mapped as represented on this map,in accordance with the provisions of Chapter236 of the Wisconsin Statutes and the Land Subdivision Ordinance of the City of Oshkosh. In Witness whereof,the said Redevelopment Authority,has caused these presents to he signed by H. Allen Davis LTI Exe;tive Dir�:tor its and countersignelrJ by 'Dtarz5Felts• at 1 C8hCOSh j iasot1 in ,this 2nd day of August 20 11 Redevelopment Authority of the City of Oshkosh: Execabvs Director Chairman STATE OF WISCONSIN) :SS WINNEBAGO COUNTY) Personally came before me this end day of August ,2011 the aforementioned representatives of the City of Oshkosh, known to me to be the persons who executed the forgoing instrument and acknowledged the same. L.>� t .)a }^ My commission expires /) /2.1.7)/ Notary Pub Ic, Winnebago County,State of Wisconsin CITY OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL This Certified Survey Map of all of Certified Survey Map number 6506,being a part of the Southeast Ye of the Northeast N and of the Northeast%of the Souththeast%of Section 23,Township 16 North,Range 15 Sash First Ward,City of Oshkosh,Winnebago County, Wisconsin,' ereby approved. Ci, "in•ng Commission❑--- Date -npresentalive Date \�t�Ir f-II r'r r>rr / CRAIG .J D CRAIG D.HANSEN S-2640 — HANiEN _7r` REGI$= p LAND SURVEYOR — S-2b4D • July 26,2011 = Pr PLEro14 UE THIS IS AN.ORIGINAL SURVEY A/.'••..,••' COQ.` SHEET 14 OF 4 DOCUMENT IF THE PROFESSIONAL l i> a PROJECT No. 1 60100835 SEAL IS IMPRINTED IN RED AND j''N r I i n N y1- • CADD FILE nfoI s15H.FLe ucsIRev DRAWN BY t CDH SIGNED IN BLUE DATE DRAWN 1 7)0512011 4/ f •