HomeMy WebLinkAboutCITY RDA/SCHOOL DISTRICT/137 S Campbell Rd PIN 906-0353-01-00 dated 2012 III
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Agreement for Sale/Purchase& Tx:4018827
Maintenance of Real Property 1606010
Document Number Document Title
REGISTER"S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
06/14/2012 0859 AM
JULIE PAGrEL
REGISTER OF DEEDS
RECORDING FEE 3000
Recording Area
Name and Return Address
City Attorney Office
PO Box 1130
Oshkosh WI 54903-1130
CA/Nan
906-0353-0100
Parcel Identification Number (PIN)
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
Lr( dina1 - C 1�,f CierIL
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Copies A) 1.. ,A-4A-,1
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(Campbell Road Maintenance Facility)
1. PARTIES: The parties to this Agreement are the Redevelopment Authority for the
City of Oshkosh,215 Church Avenue, Oshkosh, Wisconsin 54903 ("CITY RDA")and the
Oshkosh Area School District, 215 South Eagle Street, Oshkosh,Wisconsin("SCHOOL
DISTRICT"). The SCHOOL DISTRICT agrees to sell, and the CITY RDA agrees to buy,the
"Property" described in this Agreement via Warranty Deed and subject to the terms herein. The
Property subject to this transaction is presently used by the SCHOOL DISTRICT as its garage
and maintenance facility.
2. PURPOSE: The material purpose of this transaction is to allow the SCHOOL
DISTRICT to transfer its garage and maintenance facility to the CITY RDA. An additional
material purpose of this transaction is to provide the SCHOOL DISTRICT the opportunity to
lease the Property for the uses and term which will be set forth in a separate lease document.
The general understandings between the Parties as approved by their respective Council and
Board and are attached hereto as Exhibit A. To the extent that this Agreement directly conflicts
with the terms in Exhibit A, the terms identified in this Agreement will control provided the
conflicting term is consistent with the intent of Exhibit A.
3. PROPERTY: The property subject to this transaction is generally identified as 137
South Campbell Road, Oshkosh. More specifically, the parcel identification number is 906-
0353-01-00, and the legal description is attached hereto as Exhibit B and fully incorporated •
herein("Property").
4. PURCHASE PRICE/ESCROW: The CITY RDA agrees to pay, and the SCHOOL
DISTRICT agrees to accept, a cash purchase price in the amount of Four Hundred Thirty Five
Thousand Nine Hundred Fifty and no/100 dollars($435,950.00) for full title and ownership to
the Property. The CITY RDA shall pay$335,950.00 of the purchase price at closing. The
remaining One Hundred Thousand Dollars($100,000.00)shall be deposited in an escrow
account at closing. The Escrow Agent shall be mutually agreed upon by the parties. The parties
may choose to enter into a separate escrow agreement. The CITY RDA shall have the right to
use the escrow funds to remediate environmental issues on the Property. The CITY RDA shall
have the sole authority to identify,plan for, and carry out any environmental remediation issue it
deems necessary. The SCHOOL DISTRICT specifically waives oversight, input, or review over
the environmental remediation process, except that it will have the right to make written request,
through the escrow agent, for documentation that the escrow funds were used for environmental
purposes related to the Property within the time period allowed. The escrow agent shall pay to
the SCHOOL DISTRICT any amount not used for remediation work under, over, and on the
Property within five(5) years after the later of the following dates: a) the expiration date of any
lease between the CITY RDA and the SCHOOL DISTRICT, including extensions; and,b)the
date the SCHOOL DISTRICT completely vacates the Property. The CITY RDA shall be
allowed ninety(90) days after the conclusion of the five(5) year period to process payments for
work completed within this allowed time, after which, all funds remaining in the escrow account
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shall be refunded by the escrow agent to the SCHOOL DISTRICT. The CITY RDA shall be
solely responsible for all costs of remediation that exceed the escrow amount.
5. LEASE AGREEMENT: A material term of the sale of the Property is that upon the
conveyance, the CITY RDA shall Lease the Property to the SCHOOL DISTRICT. The CITY
RDA and the SCHOOL DISTRICT shall have the rights and obligations related to the future use
of the Property as set forth in the Lease Agreement which is attached hereto as Exhibit C,and
which is fully incorporated herein. The specific terms of the Lease Agreement may be modified
in writing from time to time to meet the needs of the Parties. All modifications of the Lease
Agreement shall become part of this Agreement upon their execution.
6. CONSTRUCTION AND IMPROVEMENTS: No improvements to the Property or
structures thereon are planned or required during the term of the SCHOOL DISTRICT'S Lease.
Any improvements to the Property by the SCHOOL DISTRICT must be approved by the CITY
RDA in advance and such approval will not be unreasonably withheld.
7. MAINTENANCE AND REPAIRS: The terms of the Lease between the parties shall
describe the responsibilities for maintenance and repairs. SCHOOL DISTRICT shall have
maintenance and repair obligations for the entire Property as described in the Lease and for the
term of the Lease. The SCHOOL DISTRICT agrees to notify the CITY RDA of any
maintenance or repair issues related to the Property which the SCHOOL DISTRICT believes the
CITY RDA is responsible, or which are believed to create a hazardous or dangerous condition.
8. SALE OF ADDITIONAL PROPERTIES: The Parties agree that a material condition
of the sale of this Property is that the City of Oshkosh shall purchase from the SCHOOL
DISTRICT the properties described as vacant land at Tipler Middle School and the vacant
property near North High School, as generally described in Exhibit A,attached hereto,but
subject to separate detailed agreements entered into contemporaneously with this Agreement.
9. WARRANTIES: The only Warranties related to the condition of this property
between the Parties follow. Except for those Warranties present in a Warranty Deed,neither
party has made any promises nor representations to the other except as otherwise described in
this document. Except as otherwise stated, there shall be no implied or express warranties
regarding condition or fitness for any particular purpose.
A. The SCHOOL DISTRICT is offering, and the CITY RDA is accepting, the
condition of the Property in an"as-is" condition at the time of purchase. This"as-
is"condition includes, but is not limited to, environmental and soil issues.
B. The SCHOOL DISTRICT acknowledges that the CITY RDA has made no
promises or representations or warranties of the Property's fitness for any
particular use.
10. DEFAULT: In the event the CITY RDA believes that the SCHOOL DISTRICT is
itself, or is allowing, the material misuse of the Property,or is,or is allowing, committing willful
or malicious acts on the Property which materially damage the property or violate laws,then the
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CITY RDA may notify the SCHOOL DISTRICT in writing that it elects to terminate its right to
use the Property as allowed in the Lease Agreement.
11. INDEMNIFICATION: It is the intention of each party to this Agreement that there
shall be mutual indemnification of the other for the responsibilities and liabilities each party
acquires as the result of this Agreement. Specifically,
A. Subject to the limitations contained in Section 893.80 and any similar term of the
Wisconsin Statutes, the CITY RDA agrees to indemnify and hold the SCHOOL
DISTRICT 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 CITY RDA'S ownership of the
Property and the SCHOOL DISTRICT'S lawful use of the same, where such
liability is founded upon or grows out of the acts or omission of any of the CITY
RDA'S officers, employees, contractors or agents while acting within the scope of
their employment.
B. Subject to the limitations contained in Section 893.80 and any similar term of the
Wisconsin Statutes, the SCHOOL DISTRICT agrees to indemnify and hold the
CITY RDA 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 SCHOOL
DISTRICT'S lawful use of the PROPERTY after it is purchased by the CITY
RDA, where such liability is founded upon or grows out of the acts or omission of
any of the SCHOOL DISTRICT'S officers, employees, contractors or agents
while acting within the scope of their employment, or of others on the Property
pursuant to the SCHOOL DISTRICT'S right to use the property as set forth in the
Lease Agreement, as may be amended from time to time.
12. DOCUMENTS: The Parties agree to cooperate in good faith and do all acts and
execute all instruments or documents reasonably necessary to complete the transaction(s)
contemplated by this Agreement.
13. ENTIRE AGREEMENT: This document and the Exhibits constitute the entire
agreement between the Parties, and any prior understanding or representation made by either
party prior to the date thereof shall not be binding on either party unless incorporated herein.
[SIGNATURE PAGES FOLLOW]
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SIGNATURE PAGES (1 of 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(Campbell Road Maintenance Facility)
SELL -Oshkosh Area Sc of District
G Cue,, June 1/ ,2010
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(print name) 1 (title)
June \i ,2010
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STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY ) r ��
Persona J-{-
lly came before me this /! day of -c.ft-L- , 2010,
x-44 1'-(-r1 ^ , to me know#to be the persons who
executed the foregoing instrument and acknowledged the same. •
4-ta_ ( l,� 'L -
Notary Public,Winnebago Co ty W I
My Commission Expires: �d J. /C4 .)-E)/6
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally' c e before rye this 1/ day of 4JLL_ 2010,
fl�� 1641.t t S+rY1 , to me known t be the persons who
executed the forgoing instrument and acknowledged the same.
Notary Public,Winne ago C, nty,WI A
My Commission Expires: - I • II) !/O
4
SIGNATURE PAGES (2 of 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(Campbell Road Maintenance Facility)
BUYER— ` -de -lopment Authority of the City of Oshkosh
/ . June R ,2010
Thomas Belter
Chairman
A1: 4 hi June `I , 2010
Allen Davis
Executive Director
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this 1‘ day of 2010, Thomas Belter and Allen
Davis, to me known to be the persons who execu the foregoing instrument and acknowledged the
same.
((1
Notary Publi,Winnebago Cou ty,WI
My Commission Expires: 7 C) tt)
This Document was drafted by:
David J.Praska,
Assistant City Attorney
Oshkosh,WI 54903-1130
5
Attachment A—8/20/09
Understanding between City of Oshkosh (City) and Oshkosh Area School District
(OASD) regarding sate of 137 South Campbell Road, vacant land at Tipier Middle
School,
and vacant land at North High School •
Tipler Middle School
> City will purchase 11.7656 acres as determined by a certified survey map.
➢ City will develop a dry storm water detention basin(DSDB)on this property.
➢ City agrees to allow the OASD to utilize the DSDB as athletic fields through easement or other means.
➢ The City will complete the following items as part of the DSDB construction:
• City will install a drain tile system to facilitate drainage of the athletic field located in the bottom of the
DSDB
• City will reconstruct the running track with grass surface
• City will build an ADA accessible walkway from Tipler School to the bottom of the DSDB •
• City will construct a storm sewer lateral at Bismarck Avenue for the adjoining playground
• City will provide drainage facilities on the north side of the Administrative Building to facilitate overflows
from the DSDB
➢ City will install a temporary fence during construction of the DSDB to isolate the school from the construction
project. The new athletic fields will not be available for use until spring of 2011 at which time this fence will
be removed by the City.
➢ OASD will be responsible for maintenance of lawn on this property, including the ADA walkway with railing,
except as noted below.
➢ City will be responsible to maintain all storm water facilities in the DSDB and City will also be responsible for
any erosion in the DSDB.
North Hiah School
➢ City will purchase approximately 1.35 acres as determined by a certified survey map. Purchase price will be
$28,850 per acre.
➢ City will develop a wet storm water detention basin(WSDB)on this property.
➢ City agrees to allow the OASD to utilize the WSDB for educational opportunities.
➢ City will be responsible for all maintenance required on this property.
137 South Campbell Road
➢ City will purchase this whole property from OASD.
➢ OASD will be allowed to occupy the property at 137 South Campbell Road until July 1,2011.
➢ OASD will not pay rent for their use of the property at 137 South Campbell Road.
➢ OASD will be responsible for all utility charges related to their occupancy.
➢ OASD will be responsible for building or property maintenance expenses related to their occupancy.
Determination of Values
➢ The following values are agreed for these properties:
137 South Campbell Road = $435,950
Tipler Middle School vacant land= 359,450
North High School vacant land= 39.000 *
Total= $834,400
'confirm acreage with survey
➢ City agrees to pay$734,400 at the closing.
➢ City agrees to place remaining proceeds(approximately$100,000).in an escrow account at the closing.
➢ City will use escrow funds to remediate environmental issues at the 137 S.Campbell Road property.
➢ Upon completion of the environmental remediation, escrow agent will pay any amounts remaining In the
escrow account to OASD.
➢ City will be responsible for the environmental remediation expenses that exceed the escrow amount.
➢ if the Common Council and School Board agree to this understanding, OASD agrees to grant access to the
Tipler vacant land to facilitate DSDB construction this fall while the land sale paperwork Is being completed.
Exhibit A
•
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1. LEGAL DESCRIPTION:
That part of Lot One Hundred EIeven(111)according to Map of SW 1/4 of Sec.23,in the Sixth Ward,City of
Oshkosh,per Leach's Map of 1894,described as follows,viz:-
Commencing at the West 1/4 corner of said Section Twenty-three(23),thence south 88 degrees 46 minutes east,
2,186.46 feet;thence south 28 degrees 27 minutes west,36.82 feet;thence north 89 degrees 48 minutes west,89.96 .
feet;thence south 0 degrees 12 minutes west,14.27 feet,the place of beginning;thence northwesterly,along a curve
being concave to the left with a radius of 348.97 feet and having a chord of 52.07 feet with a bearing of North 73
degrees 54 minutes west;thence South 0 degrees 12 minutes west,70.08 feet;thence South 89 degrees 48 minutes
east,50 feet;thence North 0 degrees 12 minutes east,59.23 feet,to the place of beginning.
That part of Lot 111,according to MAP OF SW 1/4 OF SEC.23,in the Sixth Ward,City of Oshkosh,per Leach's
Map of 1894,described as follows,viz:-
Commencing on the East and West Quarter Line of Section 23,T19N,R16E at a point 400 feet west of the Center
Post of said Section,said point being in the Center line of the right of way.of the Chicago,Milwaukee,St.Paul and
Pacific Railroad Company;thence west,along said Quarter tine, 110 feet,thence southerly,along a line which,if
extended,would extend to a point on the North line of Lot 6 according to said Map of SW 1/4 that is 40 feet westerly_
of the Northeasterly corner of said Lot 6, 106.5 feet,the place of beginning,thence west,parallel with the South line '
of Witzel Avenue,50 feet,thence south,parallel with the Westerly line of tract of land heretofore conveyed to
Theodore Hasse and Thomas Wollaeger by Deed recorded in Winnebago County,Wisconsin Registry in Volume
544 on Page 90,320.4 feet,more or less,to the North line of said Lot 6,thence easterly,along the North line of said
Lot 6 to a point that is 40 feet westerly of the Northeasterly corner thereof(said point also being on the Westerly line
of tract conveyed to Theodore Hasse and Thomas Wollaeger as aforementioned);thence northerly,along the
Westerly line of tract heretofore conveyed to Theodore Hasse and Thomas Wollaeger,as aforementioned to the place
of beginning.
That part of Lot 111,according to MAP OF SW 1/4 of Section 23,in the Sixth Ward,City of Oshkosh,per Leach's
Map of 1894,described as follows,viz:-
Commencing on the East and West Quarter line of Section 23,T18 North,Range 16 East at a point 400 feet west of
the Center Post of said Section,said point being in the Center line of Right of Way of the Chicago,Milwaukee,St.
Paul and Pacific Railroad Company;thence west,along said Quarter line, 110 feet;thence southerly to a.point on the.
Northerly line of Lot 6 according to said Map of SW 1/4,40.feet westerly of the Northeasterly corner thereof;thence
easterly,along the Northerly line of Lots 6 and 18 according to said Map of SW 1/4 to the Northeasterly corner of
said Lot 18;thence northeasterly to a point on the center line of aforementioned right of way,395.25 feet
southeasterly of the place of beginning;thence northwesterly along the centerline of said right of way,395.25 feet,to
the place of beginning,excepting therefrom the 4 following described tracts of land,viz:
1.That portion thereof included within the limits of Campbell Road and Witzel Avenue.
2.A strip of land occupied by Spur Track extending west from tracks of aforementioned Railroad Company. •
3.That portion thereof heretofore conveyed to Erwin H.Bartell by Deed recorded in said Registry in Volume 655 on
Page 591.
4.That portion thereof heretofore conveyed to City of Oshkosh by Deed recorded in said Registry in Volume 1339
on Page 335.
Subject to rights granted by Easement recorded in said Registry in Volume 1339 on Page 356.
•
Exhibit
LEASE
(137 Campbell Road)
THIS AGREEMENT is entered into on the date identified below, between the
Redevelopment Authority of the City of Oshkosh, with its principal offices located at 215
Church Avenue, Oshkosh, WI 54903-1130 (CITY RDA or Lessor), and the Oshkosh
Area School District, with its principal offices at 215 South Eagle Street, P.O. Box 3048,
Oshkosh, WI 54903-3048 (SCHOOL DISTRICT or SCHOOL DISTRICT), for the
consideration and mutual covenants given and received by each party described in this
document, and more particularly set forth as follows:
LEASED PREMISES
In consideration of the agreements contained herein, CITY RDA agrees to lease
to SCHOOL DISTRICT, and SCHOOL DISTRICT agrees to lease from CITY RDA, the
premises located at 137 South Campbell Road, City of Oshkosh, Winnebago County,
Wisconsin, Parcel Number 906-0353-01-00 and is more particularly described as follows
(Leased Premises):
Legal Description is attached to the Parties'Agreement for the Sale/Purchase and
Maintenance of Real Property as Exhibit B, and is fully incorporated in this Lease
TERM
This lease shall commence on the date this document is fully executed noted
below, and shall expire on the earlier of date the SCHOOL DISTRICT fully vacates the
Leased Premises, or on June 30, 2011. SCHOOL DISTRICT shall provide the CITY
RDA with 30 days advance written notice in the event that they fully vacate the Leased
Premises before June 30, 2011. The SCHOOL DISTRICT shall have a duty to notify the
CITY RDA of the date it is vacating the Leased Premises. This Lease shall not be
renewed or extended. No action or inaction on the part of the CITY RDA after the
expiration or termination of this lease shall be considered an acceptance of any additional
period of tenancy, or be construed as consent to the SCHOOL DISTRICT'S continued
occupancy of the Leased Premises.
The SCHOOL DISTRICT shall remove all of its personal property from the
Leased Premises on or before the date that this Lease expires or is terminated or,
alternatively, shall be responsible for the costs of removal of such property. All property
remaining on the Leased Premises after the expiration of the lease shall be considered
abandoned by the SCHOOL DISTRICT. The SCHOOL DISTRICT waives all
notification and accountings of property by the CITY RDA, and releases and holds CITY
RDA harmless for the removal and disposal of property after the expiration of the Lease.
The SCHOOL DISTRICT shall be solely responsible however for the removal
and disposal from the Leased Property, or the cost of such removal and disposal, of any
and all toxic or hazardous materials which require separate and specialized disposal upon
the expiration or termination of this Lease.
Exhibit C
TERMINATION
The SCHOOL DISTRICT may elect to terminate this Lease for any reason prior
to the expiration date by providing the CITY RDA with written notice at least 30 days
before the date the SCHOOL DISTRICT will terminate the Lease. The CITY RDA may
elect to terminate this Lease prior to the expiration date upon the SCHOOL DISTRICT'S
failure to comply with any term of this Lease,provided the SCHOOL DISTRICT is given
written notice of such failure and is allowed 30 days to correct such failure.
LEASE PAYMENTS
The SCHOOL DISTRICT shall not be required to pay rent during the term of the
lease.
The SCHOOL DISTRICT shall be responsible for payment of all utilities when
due, for reasonable repair and maintenance to the building(s) and appurtenant surfaces,
for refuse removal, snow removal, and yard care services. The SCHOOL DISTRICT'S
responsibilities shall also include sidewalks, driveway aprons, and other similar facilities
within or outside the street right of way. The CITY RDA assumes no responsibility
whatsoever in this regard. The SCHOOL DISTRICT shall keep exterior of property in
clean and presentable condition, promptly removing all trash, debris and other items not
necessary to conduct business. Failure to comply with this provision within 30 days of
receipt of written notice from CITY RDA shall result in termination of this Lease.
USE OF PROPERTY
The SCHOOL DISTRICT was previously the owner of the Leased Premises and
used the same as an equipment garage and maintenance facility. The SCHOOL
DISTRICT agrees that it will occupy and use the Leased Premises pursuant to this lease
in the same or substantially similar manner as in the past. The SCHOOL DISTRICT
shall not substantially change the use of the property without the express written consent
of the CITY RDA. No other party shall be allowed to use the Leased Premises. The
SCHOOL DISTRICT shall not transfer, assign,or sublease the Leased Premises.
The SCHOOL DISTRICT shall not use the premises for any unlawful or
hazardous purpose, nor shall the SCHOOL DISTRICT permit others to use the premises
for such purposes. At all times, the SCHOOL DISTRICT shall observe and comply with
all rules, regulations, laws, and ordinances in effect or which may be enacted during the
term of this lease. The SCHOOL DISTRICT shall keep the premises in reasonably good
repair, including maintaining all structures, utilities, and surface areas in a safe and
operable condition.
INSURANCE
The SCHOOL DISTRICT shall maintain all necessary liability insurance
covering the SCHOOL DISTRICT'S acts and omissions; fire and general casualty on the
SCHOOL DISTRICT'S personal property, and worker's compensation insurance. The
SCHOOL DISTRICT shall, prior to entering into this lease, provide the CITY RDA with
2 Exhibit C ( L)
copies of certificates showing all required coverages are in effect, and the SCHOOL
DISTRICT shall be considered in breach of this lease as of the date of any lapse of any
insurance coverage required herein.
In addition, the SCHOOL DISTRICT agrees to protect and hold the CITY RDA
harmless against all actions, claims and demands of any kind or character whatsoever
arising from the SCHOOL DISTRICT'S use of the premises, and shall indemnify the
CITY RDA all sums which it may be obliged or adjudged to pay therefore, for all
liability that may arise, including attorney fees, within thirty (30) days of demand. The
CITY RDA shall maintain fire and general casualty insurance upon the building
structure.
PROPERTY CONDITION
The SCHOOL DISTRICT has previously been the owner of the Leased Premises
and in the course of such ownership has examined and is aware of all aspects of its
condition and fitness for the SCHOOL DISTRICT's intended use. SCHOOL DISTRICT
accepts the Leased Premises in an "as-is" condition. Lessor has not promised, and
SCHOOL DISTRICT has not requested from Lessor, that any maintenance, alterations,
or repairs be undertaken at any time before or during the term of this Lease. The Lessor
makes no warranties or representations, either express or implied, regarding the present
or future condition of the Leased Premises. Specifically, Lessor makes no warranties or
representations regarding the condition of the Leased Premises prior to, at the
commencement of, or during the term of this lease. The Lessor also makes no
representation or warranty regarding the fitness of the Leased Premises for any purpose.
PROPERTY MAINTENANCE
Lessor shall not be required to maintain, alter, or repair any part of the Leased
Premises, including the real property, surface, or structures thereon, before or during the
lease term. Specifically, the SCHOOL DISTRICT accepts sole responsibility for and
holds Lessor harmless for any maintenance, alterations, or repairs of the real property,
and all surface and structural components of structures on the Leased Premises. The
SCHOOL DISTRICT's responsibilities in this regard are broad, and include but are not
limited to load bearing walls,windows, all roofing, HVAC, and surface areas.
It is the parties intent that the SCHOOL DISTRICT will occupy and maintain the
Leased Premises in a condition which satisfies the SCHOOL DISTRICT's needs for use
of the property. However, the SCHOOL DISTRICT shall be responsible for maintaining
the Leased Premises in a condition that does not create a public or private nuisance, and
does not violate any common law, or federal, state or local statute or ordinance.
Notwithstanding responsibilities previously described or set forth, the CITY
RDA may, at its sole option, choose to undertake maintenance, alterations, or repairs it
considers necessary for any reason provided the CITY RDA's actions do not materially
interfere with the SCHOOL DISTRICT's use of the property, and the CITY RDA
provides reasonable written advance notice.
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Exhibit C (17DS'�)
CITY RDA'S ACCESS TO PROPERTY
CITY RDA shall be permitted to enter on the premises or any part thereof at
reasonable hours for the purposes of examining or exhibiting same or making required or
elective repairs or alterations pursuant to the terms of this agreement, or to review,
undertake, or complete environmental testing work, or any other testing, study, analysis,
or preparations relating to the condition of the Leased Premises or its potential use after
the expiration or termination of this Lease. CITY RDA's testing, study, analysis, or
preparations shall not materially interfere with the SCHOOL DISTRICT's use of the
Leased Premises. CITY RDA shall give the SCHOOL DISTRICT written notice of its
intentions to enter the property within an amount of time before such entry which is
reasonable under the circumstances.
MISCELLANEOUS
SCHOOL DISTRICT shall not make any contract for construction, repair, or
improvement on, in, of, or to the premises or any part thereof, or for any work to be done
or materials to be furnished on or to the premises or any part thereof, without having first
obtained prior written permission of CITY RDA. SCHOOL DISTRICT shall provide in
any such contract that no lien of mechanics or materialmen shall be created or shall arise
against the premises.
Notwithstanding any other term of this agreement, neither the CITY RDA nor the
SCHOOL DISTRICT intends to waive, alter, change, or modify any governmental
immunity or limitation on liability which is located at Section 893.80, Wisconsin
Statutes, or any other statute, law, or code which is applicable to the City of Oshkosh or
the Appleton Area School District.
This lease and the terms and conditions herein are not intended to benefit any
other person or entity other than the City of Oshkosh and the Oshkosh Area School
Distri ct.
This agreement shall not be modified except upon mutual written agreement and
shall not be assigned by SCHOOL DISTRICT except upon written permission of CITY
RDA, whose consent shall not unreasonably be withheld. By this agreement, the parties
do not intend to reinstitute rights and obligations already completed under any prior lease
of the SCHOOL DISTRICT.
[SIGNATURE PAGES FOLLOW]
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Exhibit c.
SIGNATURE PAGES (1 of 2)
LEASE
(137 Campbell Road)
LESSEE- Oshkosh Area School District
� L) G -ffi ' June i i , 2010 ,
(si ture)
e 7 'tl
(p^rint name) (title)
."1/4. t‘b5° June 1 , 2010
(s a )i •
(print name) (title)
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this /14-11 day of , 2010,
- L_.
�- aw , to me kn ne persons who
executed the foregoing instrument and acknowledged the same.
bL-C 4 GI- ) 1 L/t..4-1
Notary Public,Winnebago C unty,WI
My Commission Expires: . 17, JO 10
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Perso ally came before me this 1 rill day of 2010,
(501n r Sin ,to me kn wn to be the persons who
executed the egoing instrument and acknowledged the same.
0-111.1,-,--a— ? CA-g/
Notary Public,Winnebago C ty WI
My Commission Expires: J. J 7� cPeto
5 Exhibit C 1")
SIGNATURE PAGES (2 of 2)
LEASE
(137 Campbell Road)
LESSOR— •ed= elopment Authority for the City of Oshkosh
June , 2010
Thomas :elter
Chair
y June \\ , 2010
A en avis
Executive Director
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this \,\ day of 2010, Thomas Belter and
Allen Davis, to me known to be the persons w executed the foregoing instrument and
acknowledged the same.
Notary Public,Winnebago Coun ,
My Commission Expires: 1&at
This Document was drafted by:
David J.Praska,
Assistant City Attorney
Oshkosh,WI 54903-1130
6
Exhibit C-(L )"-