HomeMy WebLinkAboutSCHOOL DISTRICT 0611640105 I 11 H �11 1111 11111
UI I
8027207
Agreement for Sale/Purchase & Tx:4018827
Maintenance of Real Property 1606008
Document Number Document Title
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
05/14/2012 0$;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 54903-1130
906-1164-0105
Parcel Identification Number (PIN)
This instrument drafted by:
Attorney David J.Praska
Oshkosh,WI 54903-1130
C? - Cl 6k C Jerk.
r�9 ina I � / ---?
Copies - PNI 9+ A-4,i
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at Tipler Middle 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 Tipler Middle 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 dry
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 resulting dry detention basin as an athletic field when conditions permit.
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"OUTLOT 1"on
Certified Survey Map No. 6400,which was recorded on September 10, 2009 as Document
Number 1518292 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 Three Hundred Fifty Nine Thousand Four
Hundred Fifty Dollars and no/l00 dollars ($359,450.00) 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 has constructed a dry
storm water detention basin on the Property pursuant to the agreement attached hereto as Exhibit
D. Despite the conclusion of construction on the site, the rights and obligations set forth in
Exhibit D shall continue for any applicable limitations period. The CITY has had, and shall
continue to have, sole discretion-regarding the design and construction of this basin, and shall be
solely responsible for its construction. The detention basin shall be constructed with a drainage
I
system that will result in the basin being without water except for those periods during and
shortly after rains affecting this drainage system. 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 dry storm water detention basin on the Property.
7. MAINTENANCE AND REPAIRS: Both the CITY and the SCHOOL DISTRICT shall
have certain maintenance and repair obligations for the entire Property. In general,the CITY is
responsible for maintenance and repairs related to the Property's use as a storm water basin, and
the SCHOOL DISTRICT is responsible for maintenance and repairs related to its actual or
anticipated use of the Property. The obligations identified herein apply to the Property as a
whole, and is not limited to a particular area being directly used. In particular,
A. The CITY is responsible for:
a. maintaining trees and landscaping;
b. repairing any erosion and similar damage caused by storm water runoff or the
basin's use as a storm water facility;
c. removing debris resulting from storm events;
d. vandalism, except vandalism on the handicapped ramp.
B. The SCHOOL DISTRICT is responsible for:
a. Mowing;
b. Fertilizing;
c. Weeding;
d. Re-seeding;
e. Repair of damage resulting from any use of the Property;
f. Repair of normal wear and tear resulting from any use of the Property;
g. All maintenance and repair of the handicapped ramp, except storm-related
issues;
h. The handicapped ramps continued compliance with the Americans with
Disabilities Act and any other similar law, and any future amendments to such
laws;
i. Removal of debris resulting from its use of the Property.
C. The SCHOOL DISTRICT'S obligations shall terminate and it shall be relieved of
its maintenance and repair obligations, as set forth above, in the event the
SCHOOL DISTRICT:
a. Sells, leases,rents, assigns, conveys or otherwise transfers all or any interest
in the Tipler Middle School site which adjoins the Property to any other
entity,whether public or private; or,
b. No longer retains a legal right to use the Property due to the expiration,
termination, or unenforceability of the License Agreement or any other
agreement which allowed the SCHOOL DISTRICT to use the Property.
D. Both the CITY and the SCHOOL DISTRICT agree to take all reasonable efforts
to inspect and monitor the Property for maintenance and repair issues. Each party
agrees to notify the other of any maintenance or repair issues they are responsible
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for and to undertake the maintenance and/or repair of any issue as soon as
practical after its discovery. In the event that either Party fails to perform its
required maintenance or repairs after being provided reasonable notice, the other
Party may perform the maintenance or repair and the responsible party shall be
liable for the actual costs of such maintenance and/or repair along with any other
liability described in this agreement or by law.
E. The CITY shall water trees and shrubs, when necessary, but shall not be
responsible for watering any grass areas. The SCHOOL DISTRICT may water
grass 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 properties described as vacant land at North High School, and 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 dry 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: Each party's default rights are as follows:
A. In the event the CITY is given a reasonable opportunity to correct a maintenance
or repair issue required by this Agreement and fails to do so,then the SCHOOL
DISTRICT may either undertake the maintenance and/or repair and be reimbursed
by the CITY for all such reasonable maintenance/repair costs, or the SCHOOL
DISTRICT may notify the CITY in writing that it elects to terminate without
further notice its right to use the Property and shall then have no further
maintenance or repair obligations for the Property.
B. In the event the SCHOOL DISTRICT is given a reasonable opportunity to correct
a maintenance or repair issue required by this agreement or otherwise and fails to
3
do so,then the CITY may either undertake the maintenance and/or repair and be
reimbursed by the SCHOOL DISTRICT for such reasonable maintenance/repair
costs,or the CITY may notify the SCHOOL DISTRICT in writing that it elects to
terminate without further notice its right to use the Property.
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]
4
SIGNATURE PAGES (1 OF 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at Tipler Middle School)
SELLER-Oshkosh Area School District
c 4.. t✓ � June /1 ,2010
(s' ature)
■ G.171-,e Lahj i�.i, 6,P
(print name) (title) `
1\.,.m\zi June 1% ,2010
aturd)
a...e), --ra ‘‘V%i+t#6.
(print name) (title)
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
X11
Personally came before me this I' day of ,c.a L,.L... , 2010,
be-i_k L&`? , to me known t be the persons who
executed the foregoing in'rument and acknowledged the same.
Notary Public,Winnebago Count ,WI
My Commission Expires: . /C/, 4c/0
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
J7
Personally came before me this /4 day of 4-/ , 2010,
f c)a-i_Ci - -16.ill')5 to 41 , to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
Notary Public,Winnebago County,WI
My Commission Expires: akpi. IC/., C/C
5
SIGNATURE PAGES (2 OF 2)
AGREEMENT FOR SALE/PURCHASE
AND MAINTENANCE OF REAL PROPERTY
(vacant land at Tipler Middle School)
BUYER- City of Oshkosh
St June // ,2010
Mdrk A. Rohloff
_City ►4 anager
�►.
�.� _ June ( I , 2010
Pamela R. Ubrig
City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this kl day of 1-v tsc' , 2010, Mark A. Rohloff and
Pamela R. Ubrig, to me known to be the ersons who executed the foregoing instrument and
acknowledged the same.
Notary Public,Winnebago County,WI
My Commission Expires: WiLivvw i'b-S`(
AP' "OVED BY:
a
r►,. 1 1-1 June Il ,2010
. Loren
City torney
This Document was drafted by;
David J.Praska,
Assistant City Attorney
Oshkosh,WI 54903-1130
6
Attachment A—8/20/09
Understanding between City of Oshkosh (City) and Oshkosh Area School District
(OASD) regarding sale of 137 South Campbell Road, vacant land at Tipler 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 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 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
D 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,
D 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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NO. 4726A CERTIFIED SURVEY MAP N .. ''y . ";,` sHEET..�or
PART OF THE N.E. 1/4.OF THE S.W. 1/4 OF SECTION 22, T1BN, R16E, IN THE 6TH WARD, CITY OF OSHKOSH.
WINNEBAGO COUNTY, WISCONSIN. OWNER:0114(0110 AREA SCHOOL DISTINCT
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ALL INSTANCES ARE MCAS(RTCO TO THE NEAREST HUNDREOM Of A 4•007.0T. P.0.OS 3N
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Exhibit 13 ( 1 D¢3)
NO. 4726A SEEET aOY.a
CSRTIMM SURVEY MAP NO.W'
PART OF THE N.E. 1/4 OF THE S.W. 1/4 OF SECTION 22, T18N, R16E, IN
THE 6" WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
SURVEYORS CERTIFICATE
STA=TE OF WISCONSIN)
:BS
WINNEBAGO COUNTY)
I, MARX REINSCH, Wisconsin Registered Land Surveyor do hereby
certify;
THAT I HAVE SURVEYED, DIVIDED AND MAPPED PART OF THE N.E. 1/4, OF
THE S.W. 1/4 OF SECTION 22, T18N, R16E, IN THE 6T4 WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION; THENCE SOUTH
89°02'35" EAST ALONG THE NORTH LINE OF SAID S.W. 1/4 A DISTANCE
OF 1883.13 FEET; THENCE SOUTH 01°11'17" WEST 33.00 FEET TO THE
SOUTH RIGHT OF WAY LINE OF WITZEL AVENUE AND THE POINT OF
BEGINNING OF THE PARCEL TO BE DESCRIBED; THENCE SOUTH 89°02'35"
EAST ALONG SAID LINE 78.79 FEET; THENCE SOUTH 00°49'45" WEST
480.95 FEET; THENCE SOUTH 88°52'50" EAST 111.25 FEET; THENCE
SOUTH 00°45'12" WEST 260.00 FEET; THENCE SOUTH 88°52'52" EAST
347.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SOUTH EAGLE STREET;
THENCE SOUTH 00°45'12" WEST ALONG SAID LINE 534.92 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF BISMARK AVENUE; THENCE
NORTH 88°38'11" WEST ALONG SAID LINE 753.55 FEET; THENCE
NORTHWESTERLY 106.37 FEET ALONG THE ARC OF A CURVE WHOSE CENTER
LIES TO THE WEST, WHOSE RADIUS IS 50.00 FEET AND WHOSE CHORD
BEARS SOUTH 83°34'19" WEST 87.42 FEET TO THE N.E. CORNER OF LOT 1
OF CERTIFIED SURVEY MAP NO. 2479; THENCE NORTH 88°42'02" WEST
ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 109.01 FEET TO
AN EASTERLY CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NO 1445;
THENCE NORTH 00°49'38" EAST ALONG THE EAST LINE OF SAID LOT 1 AND
LOT 2 OF SAID CERTIFIED SURVEY MAP AND THE EAST LINE OF THE HOME
BUILDERS SUBDIVISION' AND UNPLATTED LANDS 1115.26 FEET; THENCE
SOUTH 89°02'35" EAST 410.15 FEET; THENCE NORTH O1°11'17" EAST
167.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS
19.0291 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. 637450.
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 Oshko
Date47.4,,oN44,(5.
.. Mark Reinac , Registered
MAh i.I: Wisconsin Land Surveyor S-2597
ALIT l:;CH
Y64/00I
,1111Vq}!
''%/4 F0-10,0,mooi -10,\\�
Exhibit ,3 (a0f3) .. ..
•
NO 4726A SHEET 301.3
CERTIFIED SURVEY NAP No.(p j,U
PART OF THE N.E. 1/4 OF THE S.W. 1/4 OF SECTION 22, T1SN, R16E, IN
THE 6" WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN:
OMER'S (nNRTIFICATN
•
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
ac9d'xdahe City of Oshkosh Subdivision Ordinance
REPRESENTATIVE OF OSHKOS AREA SCHOOL DISTRICT
STATE OF WISCONSIN)
;SS
WINNEBAGO COUNTY)
PERSONALLY came before me this /o day of 5.097.AwAtie. 2009 the
aforementioned REPRESENTATIVE OF OSHKOSH AREA SCHOOL DISTRICT, to
me known o person who executed the foregoing instrument
and - .'e•-e same.
My Commission.Expires /2 •
Notary Public, Winnebago •
County, State of Wisconsin
CITY OF OSHKOSH PLANNING COMMISSION CERTIFICATE OF APPROVAL.
THIS CERTIFIED SURVEY .MAP OF PART OF THE N.E. 1/4, OF THE S.W. 1/4
OF SECTION 22, T1BN, R16E, IN THE 6" WARD, CITY OP OSHKOSH,
WINNEBAGO COUNTY, WISCONSIN, T18N, R16E, 6TH WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN IS HEREBY APPROVED.
•
Date C ty of Oshkos •Planning
Commission Representative
THIS DOCUMENT NAB DRAFTED BY
ANDY HUNTER.
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Exhibit 6 (3bF3)
LICENSE AGREEMENT
(vacant land at Tipler Middle 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 Tipler Middle School.
2. PROPERTY: The property subject to this License Agreement is identified as
"OUTLOT 1"on Certified Survey Map No. 6400,which was recorded on September 10,
2009 as Document Number 1518292 in 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 dry 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 dry 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 athletic events and physical education classes and other uses
associated therewith. The SCHOOL DISTRICT may allow spectators on the Property for
the sole purpose of viewing allowed uses. The SCHOOL DISTRICT may allow league
and athletic events organized through the Oshkosh Recreation Department. The
SCHOOL DISTRICT shall not undertake or allow any use of the Property,or persons on
the property, other than those specified. No motorized vehicles shall be allowed on the
Property other than those reasonably necessary to perform maintenance and repairs. 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, 2011, or a different
mutually agreed upon date when the condition of the Property surface is appropriate for
use for athletic events and physical education classes. This License shall terminate upon
the occurrence of any of the following events:
Exhibits- (( o5)
A. This License may be terminated at any time by the SCHOOL DISTRICT
upon 30 days written notice; or,
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
Tipler Middle School,or sells the adjoining Tipler Middle School
property,or rents, leases or otherwise allows the formal use of the Tipler
Middle 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 including,but not limited to,the quantity and/or
quality of storm water,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 the termination of the Property license and reasons for such
termination, and related maintenance.
6. 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. The parties agree to meet and confer if the SCHOOL
DISTRICT desires to construct goal posts on the Property.
7. 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.
8. 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.
2 Exhibit C CaoFc)
9. 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
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.
10. DEFAULT: Any violation of any material term of this License, or of the Parties
Agreement for the Sale/Purchase and Maintenance of Real Property documents to which
this License Agreement is attached, is considered a default of the parties' agreements and
is considered a"for cause" event.
11. 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 the SCHOOL DISTRICT, and therefore there shall be
no third-party or other beneficiaries to this license agreement.
12. 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.
[SIGNATURE PAGES FOLLOW]
3 E''hibit C (3DP5)
SIGNATURE PAGES (1 of 2)
LICENSE AGREEMENT
(vacant land at Tipler Middle School)
LICENSEE- Oshkosh Area School District
0T- ? June 1/ , 2010
(sitr ature)
(print name) (title)
p,,, June 11 ,2010
e)
(print name) (title)
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this I I " day of it,c/ue..— , 2010,
e L Aft ,to me knn to be the P ersons who
executed the foregoing instrument and acknowledged the same.
Notary Public,Winnebago County,WI
My Commission Expires: . /9/ G'/6
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this 2010,
y �( day of tt-- 2010
jS oui d h 11 s i aY1 ,to me kno to be the persons who
executed the Foregoing instrument and acknowledged the same.
Notary Public,Winnebago C unty, WI
My Commission Expires: , / . /9, t.,2 610
4 Exhibit c (.4 .k5)
SIGNATURE PAGES (2 of 2)
LICENSE AGREEMENT
(vacant land at Tipler Middle School)
LICENSOR- City of Oshkosh
4--‘./.?.*" jj June /I , 2010
Mark A. Rohloff
c
Li
_- City I anager ---.._
6 Of i 1 LaLOY) j')/ June I ,2010
Pamela R. Ubrig
City Clerk
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this ki day of TJN , 2010, Mark A. Rohloff
and Pamela R.Ubrig,to me known to be the p sons who executed the foregoing instrument
and acknowledged the same.
\9_9-Notary Public, nnebago County,WI
My Commission Expires: WZINWRIT _
A'IOVED BY
VW t
_.NAii.l �li�i A .611 June I , 2010
v
L • Lore on
City A orney
This Document was drafted by:
David I.Praska,
Assistant City Attorney
Oshkosh,WI 54903-1130
5 Exhibit C (‘05)
tro
Agreement for Use of Tipler School Property prior to Closing
Whereas, the Common Council for the City of Oshkosh and the School Board for
the Oshkosh Area School District have each approved the sale of a parcel. of
land known as Outlot 1 of CSM 6400 recorded in the Office of the Register of
Deeds as Document No. 1518292 on September 10, 2009 and generally located
at 325 South Eagle Street adjacent to Perry Tipler Middle School, to the City of
Oshkosh for construction of a dry detention basin and athletic fields for use by
the school district(a description of the property to be acquired and subject to the
terms of this agreement is attached hereto as attachment "A"to this Agreement) ;
and
Whereas, closing on the property will be completed as soon as practicable; and
Whereas, after construction of the planned storm water facilities, the School
District will be allowed to use the facilities for athletic fields; and
Whereas, it is in the interest of both parties to begin construction of the proposed
dry detention basin prior to the closing upon the property to allow for construction
to be completed during 2009.
The City and the Oshkosh Area School District hereby agree as follows:
That the City, its employees, contractors and agents shall be allowed access to
the site for construction purposes prior to closing of the sale of the property. As
part of the construction, the City or its designee shall specifically have the right to
restrict access to any portion of the property necessary for construction purposes
by construction of a temporary fence or other appropriate means.
That subject to the limitations contained in Sec. 893.80 and any similar statute, of
the Wisconsin Statutes, the City of Oshkosh agrees to indemnify and hold
Oshkosh Area School District (OASD), its officers, officials, employees and
agents 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 OASD agreement to grant access
to the Tipler vacant land to facilitate the construction of a Dry Storm Water
Detention Basin prior to the closing of the sale of the property to the City of
Oshkosh 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.
Dated this 15th day of September, 2009.
Oshkosh Area School District: City of Oshkosh:
/
07,4
By: Scott Altmann By: ohn FitzpatriAlp
Executive Director of Asst. City Ma Ter
Business Services
Exhibit I