HomeMy WebLinkAboutSCHOOL DISTRICT/1219400000 I 111111111111 I
8027208
Agreement for Sale/Purchase & Tx:4018827
Maintenance of Real Property 16 0 6009
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY. WI
RECORDED ON
06/14/2012 08:59 AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30,00
Recording Area
Name and Return Address
City Attorney's Office
P O Box 1130
Oshkosh,WI 549033--1113301
Part of 912-1940-0000
Parcel Identification Number (PIN)
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
Or-to trra I - Ci4g o € - k._,
1 _."--,
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at North High School)
1. PARTIES: The parties to this Agreement are the City of Oshkosh, 215 Church
Avenue, Oshkosh, Wisconsin 54903 ("CITY") and the Oshkosh Area School District, 215 South
Eagle Street, Oshkosh, Wisconsin("SCHOOL DISTRICT"). The SCHOOL DISTRICT agrees
to sell, and the CITY 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 a vacant portion
of the site used by the SCHOOL DISTRICT as North High School.
2. PURPOSE: The material purpose of this transaction is to allow the SCHOOL
DISTRICT to transfer vacant real property to the CITY to allow the CITY to construct a wet
storm water detention basin which will be incorporated into its storm water management system.
An additional material purpose of this transaction is to provide the SCHOOL DISTRICT the
opportunity to use the area immediately surrounding the resulting wet detention basin as an
unimproved outdoor educational facility. 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 identified as Lot 1 on Certified
Survey Map No. 6455, which was recorded on May 21,2010 in Volume 1, Page 6455, and as
Document Number 1539901 in the Winnebago County Register of Deeds, is comprised of three
(3)pages, is attached hereto as Exhibit B, and is fully incorporated herein("Property").
4. PURCHASE PRICE: The CITY agrees to pay, and the SCHOOL DISTRICT agrees to
accept, a cash purchase price in the amount of Thirty Nine Thousand and no/100 dollars
($39,000.00) for full title and ownership to the Property. The entire purchase price shall be due
at closing.
5. LICENSE AGREEMENT: A material term of the sale of he Property is that the CITY
shall provide the SCHOOL DISTRICT with a License to use the Property after it has been
conveyed to the CITY. The CITY and the SCHOOL DISTRICT shall have the rights and
obligations related to the future use of the Property as set forth in the License Agreement which
is attached hereto as Exhibit C, and which is fully incorporated herein. The specific terms of the
License Agreement may be modified in writing from time to time to meet the needs of the
Parties. All modifications of the License Agreement shall become part of this Agreement upon
their execution.
6. CONSTRUCTION AND IMPROVEMENTS: The CITY will be designing and
constructing a wet storm water detention basin on the Property. The CITY shall also design and
install natural vegetation surrounding the wet detention basin. The CITY shall have, sole
discretion regarding the design and construction of this basin, and the design and installation of
the vegetation surrounding the basin, and shall be solely responsible for these design,
1
construction, and installation activities. The detention basin shall be constructed in a manner
such that the basin is expected to contain water at all times. The SCHOOL DISTRICT
understands and accepts that its future use of the Property is conditioned upon, and subject to, the
CITY'S design, construction, and operation of wet storm water detention basin on the Property.
7. MAINTENANCE AND REPAIRS: The CITY shall have sole maintenance and repair
obligations for the entire Property, except those instances where through the SCHOOL
DISTRICT'S negligence, or willful or malicious behavior during its use of the Property
reasonably results in necessary maintenance and repairs. The SCHOOL DISTRICT shall be
responsible for removal of garbage and debris resulting from its use or the uses it allows on the
property. The CITY'S responsibilities for maintenance and repairs will generally result from
rain or storm events, or normal wear and tear resulting from the use of the property. Both the
CITY and the SCHOOL DISTRICT agree to take all reasonable efforts to inspect and monitor
the Property for maintenance and repair issues. The SCHOOL DISTRICT agrees to notify the
CITY of any maintenance or repair issues related to the Property. The CITY shall not be
responsible for watering any vegetation surrounding the wet basin. The SCHOOL DISTRICT
may voluntarily water green areas when desired for its intended use(s).
8. SALE OF ADDITIONAL PROPERTIES: The Parties agree that a material condition
of the sale of this Property is that the CITY shall also purchase from the SCHOOL DISTRICT
the property described as vacant land at Tipler Middle School, and that the Redevelopment
Authority of the City of Oshkosh shall purchase the maintenance facility located at 137 South
Campbell Road, 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 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 has made no promises or
representations or warranties of the Property's fitness for any particular use after
the wet storm water detention basin is constructed, except as may otherwise be
identified in the License Agreement attached as Exhibit C, as may be amended
from time to time.
10. DEFAULT: In the event the CITY believes that the SCHOOL DISTRICT is itself, or is
allowing,the material misuse of the Property, or is allowing, committing willful or malicious
acts on the Property which materially damage the property or violate laws, then the CITY may
notify the SCHOOL DISTRICT in writing that it elects to terminate without further notice its
right to use the Property.
2 •
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 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'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'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 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, 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 License 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]
3
SIGNATURE PAGES (1 of 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at North High School)
SELLER- Oshkosh Area School District
Ilk J Ala June 1 I ,2010
i y ,ture)
(print name) (title)
d June 1 I ,2010
o
(print name) (title)
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this 1� I day of , 2010,
6 -+ k L_a_rty, , to me known be the persons who
executed the foregoing instrument and acknowledged the same.
t— ( (4-4J
Notary Public,Winnebago Cunt ,WI
My Commission Expires:_>A I�/ 0!)/0
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Perso ily came before me this 1 t day of 2010,
KCU14 ��C�� t i t)}bti t , to me known t be the persons who
executed the fregoing instrument and acknowledged the same.
Notary Public,Winnebago C p linty WI r
My Commission Expires: I, -. I t € 2)/0
i
4
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SIGNATURE PAGES (1 of 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at North High School)
BUYER- City of Oshkosh
June /1,2010
•1 A. Rohloff
City anager
u June( , 2010
Pamela R. Ubrig
City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this k1 day of J■ A1C , 2010, Mark A. Rohloff and
Pamela R. Ubrig, to me known to be the persons who executed the foregoing instrument and
acknowledged the same.
)01(1.3,
Notary Public,Winneba o County,WI
g tY>
My Commission Expires: 9 LM $J%
APP\OVED BY:
_.14 A 1._ r�►� _ _ ,. June if , 2010
_
n A. Lorens•�
City Attorney
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
(DASD) regarding sale of 137 South Campbell Road, vacant land at Tipler Middle
School,
and vacant land at North High School •
Tipier Middle School
• City will purchase 11.7656 acres as determined by a certified survey map.
A City will develop a dry storm water detention basin(DSDB)an 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 High 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 wilt purchase this whole property from DASD.
• 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.
D 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
Tipier Middle School vacant land= 369,450
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 DASD.
> 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
Tipier vacant land to facilitate DSDB construction this fall while the land sale paperwork is being completed.
.... . . Exhibit A •
•
•
CERTIFIED SURVEY MAP NO. GYMS` '
PART OF PARCELS "B" AND "E" OF CERTIFIED SURVEY MAP NO.45 LOCATED IN PART OF THE N.E. 1/4 OF
THE S.E. 1/4, PART OF THE N.W. 1/4 OF THE S.E. 1/4, AND PART.OF THE S.W. 1/4 OF THE N.E. 1/4 OF
SECTION 11, T18N, R16E, IN THE 12TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
CENTER OF SECTION 11 TIM.
9 i VINLAND STREET R16E.(6ERNTSEN MONUMENT)
OSHKOSH AREA SCHOOL.OISTRICT '°^^^'^ _
P.O. SOX 3048 -1-1 ? --7 T
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• Fri Z JOB NO. 4745
Exhibit • --I I• 1 SHEET 1 OF 3 SHEETS .
Io�3�
•
•
NO. 4745 � SHEET 2 OF 3
CERTIFIED SURVEY MAP NO.4O6)
PART OF PARCELS "B" AND "E" OF CERTIFIED SURVEY MAP NO.45 LOCATED
IN PART OF THE N.E. 1/4 OF THE S.E. 1/4, PART OF THE N.W. 1/4 OF
THE S.E. 1/4, AND PART OF THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION
11, T18N, R16E, IN THE 12TH WARD, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN.
•
SURVEYORS CERTIFICATE
STATE OF WISCONSIN)
:SS
WAUKESHA COUNTY)
I, STEPHAN G. SOUTHWELL, Wisconsin Registered Land Surveyor do
hereby certify;
THAT I HAVE SURVEYED, DIVIDED AND MAPPED PART OF PARCELS "B" AND
"E" OF CERTIFIED SURVEY. MAP NO.45 LOCATED IN PART OF THE N.E. 1/4
OF THE S.E. 1/4, PART OF THE N.W. 1/4 OF THE S.E. 1/4, AND PART OF
THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION 11, T18N, R16E, IN THE
12TH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED
AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 11; THENCE
SOUTH 88°41'02" WEST ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF
SAID SECTION A DISTANCE OF 685.92 FEET TO THE SOUTHEAST CORNER OF
• LOT 7 OF WEATHERSTONE PLAT AND TO THE WEST RIGHT-OF-WAY LINE OF
WISCONSIN STREET, SAID POINT BEING THE POINT OF BEGINNING; THENCE
SOUTH 00°56'16" EAST ALONG SAID WEST•RIGHT-OF-WAY LINE A DISTANCE
OF 542.09 FEET TO ITS INTERSECTION WITH THE NORTH RIGHT-OF-WAY
LINE OF WEST SMITH AVE; THENCE SOUTH 88°56'46" WEST ALONG SAID
NORTH RIGHT-OF-WAY LINE A DISTANCE OF 1490.21 FEET; THENCE SOUTH
83°22'25" WEST ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 310.29
FEET TO THE SOUTHWEST CORNER OF LOT 7 IN BLOCK 1 OF EICHSTADT
SUBDIVISION; THENCE NORTH 00°56'26" WEST ALONG THE EAST LINE OF
SAID LOT AND EXTENSION THEREOF A DISTANCE OF 763.99 FEET TO A
POINT ON THE EAST LINE OF LOT 3 OF VINLAND HEIGHTS; THENCE NORTH
88°41'02" EAST A DISTANCE OF 1158.50 FEET TO THE WEST LINE OF LOT
1 OF SARRES PLAT; THENCE SOUTH 01°19'05" EAST ALONG SAID LINE AND
EXTENSION THEREOF A DISTANCE OF 200.00 FEET TO THE SOUTHWEST
CORNER OF LOT 1 OF WEATHERSTONE PLAT; THENCE NORTH 88°41'02" EAST
ALONG THE SOUTH LINE OF SAID PLAT A DISTANCE OF 639.22 FEET TO
THE POINT OF BEGINNING. SAID PARCEL CONTAINS 27.6466 ACRES AND IS
SUBJECT TO ALL EXISTING EASEMENTS AND RESTRICTIONS OF RECORD.
THAT this Certified Survey Map is contained wholly within the
property described in the following recorded instruments: Document
No. 400465.
THAT I have made this survey •by the direction of Oshkosh Area
School District, owner of said land.
THAT such map is a correct representation of all the exterior
boundaries of the land surveyed and the land division thereof
made.
THAT I have fully complied with the provisions of Chapter 236 of
the Wisconsin Statutes and the Land Subdivision Ordinance of the
. City of Oshkosh. `` *4
Date . Step an G. South .-1 , `1"` "'. `r d?
Wisconsin Land Stir'v yaM9
_* S-1939 f*
I EQUON /
•
Exhibitop, �,►,�,�r:,,,,,
NO. 4745 ,I,, SHEET 3 OF 3
CERTIFIED SURVEY MAP NO �y!!
PART OF PARCELS "B" AND "E" OF CERTIFIED SURVEY MAP NO.45 LOCATED
IN PART OF THE N.E. 1/4 OF THE S.E. 1/4, PART OF THE N.W. 1/4 OF
THE S.E. 1/4, AND PART OF THE S.W. 1/4 OF THE N.E. 1/4 OF SECTION
11, T18N, R16E, IN THE 12TH WARD, CITY OF OSHKOSH, WINNEBAGO
COUNTY, WISCONSIN.
OWNER'S CERTIFICATE
AS A REPRESENTATIVE OF OSHKOSH AREA SCHOOL DISTRICT, OWNER, I
hereby certify that I caused the land described on this map to be
survey, divided and mapped as represented on this map in
accordance with the City of Oshkosh Subdivision Ordinance
REPRESENTATIVE F OSHKOSH AREA SCHOOL DISTRICT
STATE OF WISCONSIN)
:SS
WINNEBAGO COUNTY)
PERSONALLY came before me this etV day of 2010 the
aforementioned REPRESENTATIVE OF OSHKOSH AREA S OOL DISTRICT, to
me known to be the person who executed the foregoing instrument
.1and acknowledged the same. ��tt p
1/144:31._6: .GiGQ1 My Commission Expires♦lD . /! 44/a
Notary Public, Winnebago •
County, State of Wisconsin
CITY OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL
THIS CERTIFIED SURVEY MAP OF PART OF PARCELS "B" AND "E" OF
CERTIFIED SURVEY MAP NO.45 LOCATED IN PART OF THE N.E, 1/4 OF THE
S.E. 1/4, PART OF THE N.W. 1/4 OF THE S.E. 1/4, AND PART OF THE
S.W. 1/4 OF THE N.E. 1/4 OF SECTION 11, T18N, R16E, IN THE 12TK
WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN IS HEREBY
APPROVED.
/14 .241- 20/0
Date / Cit Oshkosh Planning
Co lesion Representative
THIS DOCUMENT WAS DRAFTED BY
TIFFANY A. TRITT
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; ivIE;7UOM 1 y a ►a
rM
i s s:
_..,:. •51 Exhibit (303) W
LICENSE AGREEMENT
(vacant land at North High School)
1. PARTIES: The parties to this License Agreement are the City of Oshkosh, 215
Church Avenue, Oshkosh,Wisconsin 54903 ("CITY") and the Oshkosh Area School
District,215 South Eagle Street, Oshkosh, Wisconsin("SCHOOL DISTRICT"). The
CITY agrees to allow the SCHOOL DISTRICT to use the"Property"described in this
Agreement subject to the terms herein. The Property subject to this Agreement is a
vacant parcel adjacent to the SCHOOL DISTRICT known as North High School.
2. PROPERTY: The property subject to this transaction is identified as Lot 1 on
Certified Survey Map No. 6455, which was recorded on May 21, 2010 in Volume 1, Page
6455, and as Document Number 1539901in the Winnebago County Register of Deeds,is
comprised of three(3)pages, is attached to the Parties' Agreement for the Sale/Purchase
and Maintenance of Real Property as Exhibit B, and is fully incorporated herein
("Property").
3. LICENSE: For good and valuable consideration identified in both this
document and the Parties' Agreement relating to the conveyance of the Property,and
subject to the terms and conditions,the CITY grants, and the SCHOOL DISTRICT
accepts,the right,privilege, and permission to use the Property in the manner herein
described. The SCHOOL DISTRICT'S license to use the property is revocable and
terminable as further described in this document. This license is not exclusive.
However,the SCHOOL DISTRICT shall have, after the CITY'S use of the property as a
wet storm detention basin,priority of further use of the Property
4. PROPERTY USE: The primary use of the Property shall be for the CITY'S
use as a wet storm water drainage basin. The SCHOOL DISTRICT'S use of the property
shall be secondary to the CITY'S use. The SCHOOL DISTRICT may use the Property,
or allow it to be used, for outdoor education classes for its students and other uses
associated herewith. The SCHOOL DISTRICT shall not undertake or allow the removal
of any vegetation from the Property, or undertake or allow any use of the water in the
Property's wet storm water detention basin, or allow persons on the property other than
those specified. No motorized vehicles shall be allowed on the Property. The SCHOOL
DISTRICT has no duty to ensure that the Property is used in a manner consistent with
this Agreement, other than through the acts of its agents and representatives.
5. TERM: This License shall commence on May 1,2012, or a different
mutually agreed upon date when the condition of the Property surface is appropriate for
use for outdoor education classes. This License shall terminate upon the occurrence of
any of the following events:
A. This License may be terminated at any time by the SCHOOL DISTRICT
upon 30 days written notice; or,
Exhibit C (1 00 0
B. This License may be terminated by the CITY for cause upon 30 days
written notice. In the event of"cause,"the SCHOOL DISTRICT and
CITY agree to meet and confer in good faith concerning the"cause"and
any remedy associated therewith. The SCHOOL DISTRICT shall have
the opportunity to correct the"for cause"issue upon the approval of the
CITY and such approval shall not be unreasonably withheld; or,
C. Upon a written agreement of the parties.
D. At the CITY'S discretion, anytime after the SCHOOL DISTRICT closes
North High School, or sells the adjoining North High School property, or
rents,leases or otherwise allows the formal use of the North High School
property by any person or entity other than the SCHOOL DISTRICT. The
CITY must provide six (6) months written notice to the SCHOOL
DISTRICT that the continued use of the Property by the SCHOOL
DISTRICT would be a burden upon the CITY related to storm water
management,or the operation of CITY parkland, and that the CITY
intends to exercise its discretion to terminate this license pursuant to this
paragraph. In the event the CITY chooses to exercise this discretion,both
parties agree to meet and confer regarding such termination and related
maintenance.
5. IMPROVEMENTS: The SCHOOL DISTRICT shall not dig any hole or insert
any object into the surface of the Property. The SCHOOL DISTRICT shall not erect any
permanent structure or improvements, or erect, or have erected or installed,permit to
remain on the Property any temporary structures, fixtures, attachments, or other things
attached to or being on the Property or placed thereon by the SCHOOL DISTRICT or its
guests, invitees, or its licensees. The SCHOOL DISTRICT shall be solely responsible for
the removal,or payment for the removal, and any repair which is necessary as a result of
any of the above activities.
6. NUISANCES: The SCHOOL DISTRICT shall not perform or permit any
of its guests,invitees, or licensees to perform any disorderly conduct or commit any
nuisance on the Property. The SCHOOL DISTRICT shall retain the sole responsibility
for ensuring compliance with the above.
7. NO ASSIGNABILITY OR PROPERTY RIGHTS: This License is a privilege
granted to the SCHOOL DISTRICT, its guests, invitees,and licensees and shall not be
assignable by the SCHOOL DISTRICT, in whole or in part. This License is revocable
pursuant to the terms herein, does not create a lease or any right to the possession of the
Property, and does not create any estate or interest in the Property.
8. WARRANTIES: The CITY makes no express or implied Warranties
regarding the condition of the Property at any time during the period this License is in
effect. The CITY agrees to include the Property on its storm water facility inspection and
maintenance schedule. However, because the SCHOOL DISTRICT retains control over
2 Exhibit C (abf5)
its active use of the property without any prior notice to the CITY,the SCHOOL
DISTRICT affirmatively accepts the Property in an"as-is"basis each time it, or its
guests, invitees,or licensees, are on the Property. The SCHOOL DISTRICT,its guests,
invitees, and licensees retain the sole responsibility for inspecting the Property to ensure
its fitness for any purpose.
9. DEFAULT: Any violation of any material term of this License, or of the Parties
Agreement for the Sale/Purchase and Maintenance of Real Property document to which
this License Agreement is attached,is considered a default of the parties' agreements and
is considered a"for cause" event.
6. BENEFICIARY: This License is solely for the benefit of the SCHOOL
DISTRICT and shall not be recorded with the county Register of Deeds or otherwise act
as a covenant and/or restriction attached to the Property. This is an agreement affecting
and benefitting only the CITY and SCHOOL DISTRICT and therefore there shall be no
third-party or other beneficiaries to this license agreement..
7. ENTIRE AGREEMENT: This License, together with the Parties Agreement
for the Sale/Purchase and Maintenance of Real Property, shall 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.
JSIGNATURE PAGES FOLLOW]
3 Exhibit C (3brs")
SIGNATURE PAGES (1 of 2)
LICENSE AGREEMENT
(vacant land at North High School)
LICENSEE- Oshkosh Area School District
v � /°
I J,1z June i/ , 20l0
ature) y-
e+-/-C_ 4—a i .L 1 41r, J ro, 4,
(print name) (title)(title)
June 11 , 2010
(s atufe)
(print name) (title)
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
! 1
Personally came before me this �! day of 4.I , 2010,
be 4--4. Lo-ii ,to me kno n to be the persons who
executed the foregoing instrument and acknowledged the same.// ,, ;it)4_,,,,,(.4..,
Notary Public,Winnebago County;WI
My Commission Expires: f}• /9 1 3 L'/U
STATE OF WISCONSIN ) I
) SS.
WINNEBAGO COUNTY )
Personally, came befo a me this II4j1 day of fix— , 2010,
a d U 11 13+15Y1 ,to me kno to be the persons who
executed the foreg'oing instrument and acknowledged the same.
o 6.U,Lr,
Notary Public,Winnebago County,WI
My Commission Expires: . 19, e)t l 0 _
4
Exhibit C (y °PS)
SIGNATURE PAGES (2 of 2)
LICENSE AGREEMENT
(vacant land at North High School)
LICENSOR- City of Oshkosh
/ June // , 2010
Ma A.A. Rohloff
City anager
Jun( 2010
Pamela R. Ubrig
g
City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this \k day of U.a . , 2010, Mark A. Rohloff
and Pamela R.Ubrig,to me known to be the persons who executed the foregoing instrument
and acknowledged the same.
Notary Pu lie,Winnebag Count , WI
My Commission Expires:yC:Rwta -
AP's;'OVED BY:
• v. r iAar k t x.11 June \, 1, 2010
_ ' . Lorens s n
City ' torney
This Document was drafted by:
David J.Praska,
Assistant City Attorney
Oshkosh,WI 54903-1130
5 Exhibit CC; a5)