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HomeMy WebLinkAboutQuit Claim Deed Oshkosh Investors, LLC/Riverwalk � Il . State Bar of Wisconsin Form 3-2003 QUIT CLAIM DEED 1612548 Document Number Document Name REGISTER'S OFFICE . WINNEBAGO COUNTY, WI RECORDED ON THIS DEED, made between Oshkosh Investors, LLC, a Wisconsin limited liability 08121/2012 10:51 AM company ("Grantor," whether one or more), and City of Oshkosh, a Wisconsin municipality, located in Winnebago County, Wisconsin ("Grantee," whether one or JULIE PAGEL more). REGISTER OF DEEDS Grantor quit claims to Grantee the following described real estate,together with the rents, RECORD!N G FEE 30,00 profits, fixtures and other appurtenant interests, in Winnebago County, State of Recording Area Wisconsin("Property")(if more space is needed,please attach addendum): Name and Return Addres: V I f See attached legal description. Atty. Russell J. Reff P.O.Box 1190 Oshkosh,WI 54903-1190 This Deed is subject to the attached Covenants and Restrictions which shall run with title to the Property and shall be binding upon and inure to the benefit of both Grantor and Parcel Identification Number(PIN) Grantee and their respective transferees, successors and assigns. This is not homestead property. (is)(is not) Dated May 2012. OSHKOSH INVESTORS,LLC By UW-O KOSH F• ∎ATION HOTEL By OSHKOSH HOTEL VENTURE,LLC,Manager PROJ LLC, p - •er B ., (SEAL) illlie/ (SEAL) *Arthur I'athjen, i . ager *Jo • 'fefferle, its :pager (SEAL) (SEAL) * * AUTHENTICATION ACKNOWLEDGMENT Signature(s) of Arthur H. Pathjei and Jd-n Pfefferle au teat-eon NW 3 2012 / . STATE OF WISCONSIN ) %%/I �� )ss. I COUNTY ) * , c ti- 1 J. } ff pr TITLE: MEMBER ST-E B•AlrF WISCONSIN Personally came before me on , (If not, the above-named authorized by Wis. Stat. § 706.06) to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. THIS INSTRUMENT DRAFTED BY: Russell J.Reff * Attorney-at-Law Notary Public, State of Wisconsin. My Commission (is permanent)(expires: ) (Signatures may be authenticated or acknowledged. Both are not necessary.) NOTE: THIS IS A STANDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOULD BE CLEARLY IDENTIFIED. QUIT CLAIM DEED ©2003 STATE BAR OF WISCONSIN FORM NO.3-2003 c/. Q` *Type name below signatures. INFO-PROT""Legal Forms 800-655-2021 www.infoproforms.com ,J_ That part of Lot Three (3) of Certified Survey Map No. 1197 filed in Volume 1 of Certified Survey Maps on Page 1197 as Document No. 602518; being a part of Lots One (1) through Eleven (11) in Moore's Subdivision, in the First Ward, in the City of Oshkosh, Winnebago County, Wisconsin, described as follows: Beginning at the southwest corner of said Lot 3, that also being the southeast corner of"City Center", a Wisconsin Condominium and a point on the northerly U.S. Harbor Line of the Fox River; thence N 05°54'27" E, 37.23 feet along the west line of said Lot 3; thence S 10°47'20" E, 9.06 feet; thence S 53°54'04" E, 84.21 feet; thence N 36°05'56" E, 1.50 feet; thence S 61°20'56" E, 4.28 feet; thence S 21°11'31" W, 1.50 feet; thence S 68°48'29" E, 123.19 feet; thence N 55°21'48" E, 8.27 feet; thence N 00°27'46" W, 22.78 feet to the southeast corner of an existing masonry building; thence N 00°27'46" W, 10.03 feet along the face of said existing masonry building; thence N 89°50'23" E, 8.74 feet to the east line of said Lot 3 and the west right-of-way of North Main Street; thence S 00°09'37" E, 46.17 feet along the east line of said Lot 3 and the west right-of-way of North Main Street to the southeast corner of said Lot 3 and a point on the U.S. Harbor Line; thence N 69°42'36" W, 221.69 feet along the U.S. Harbor Line and the south line of said Lot 3 to the Point of Beginning. COVENANTS AND RESTRICTIONS By acceptance of this Deed, Grantee agrees that the Property shall be subject to each of the following covenants and restrictions which shall run with title to the Property and shall be binding upon and inure to the benefit of Grantor and Grantee and their respective transferees, successors and assigns: 1. Use of the Property. The Property shall be used solely by Grantee as part of its riverwalk system consisting of a sea wall, walkway, docks, piers, gangways, pedestrian bridges, railings, lighting standards, bollards, benches, trash receptacles, signage and landscaping ("Riverwalk"), including the right to construct, preserve and maintain the Riverwalk for use by pedestrians, bicycle traffic and physical access to the shore for boat and/or canoe/kayak or similar tie ups for the benefit of Grantee and the general public. The uses by the general public may also include City sponsored or City permitted special events such as art walks, walks/runs and other similar events that do not have a substantial adverse effect on the adjacent real estate and hotel owned by Grantor (collectively the "Hotel Real Estate") or its occupants. 2. Construction of Riverwalk. Grantee shall construct the Riverwalk as funding permits. Grantee shall make commercially reasonable efforts to schedule, sequence and complete all construction in a manner that does not unreasonably interfere with the use, occupancy or enjoyment of the Hotel Real Estate. All contractors performing services in connection with the construction, maintenance or repair of the Riverwalk shall have sufficient competence and shall provide adequate assurances that any work to be performed in or around the Property will be performed in a good and workmanlike manner. When work to be performed requires the use of Grantor's property, Grantee shall require any contractors performing such work to maintain and provide Grantor with written documentation of acceptable liability and worker's compensation insurance coverage. 3. Conformity with Plans and Specifications. The initial construction of the Riverwalk shall conform in all material respects with the plans and specifications as shown on Exhibit A. Grantee agrees to consult with Grantor prior to making any substantial changes to the improvements on the Property. Grantee shall have the final determination when any proposed change relates to the public health, safety or welfare. If the proposed changes do not have health, safety or welfare implications, the changes shall require prior written consent of Grantor, which shall not unreasonably be withheld or delayed. 4. Patio Improvements. Grantee shall install the patio and other improvements included in the plans and specifications as shown on Exhibit A, including any mutually acceptable modifications. Grantor shall be responsible for the cost of installing any additional improvements within the patio area, including the cost of installing any additional utilities. 1 Grantor shall be responsible for all costs related to the maintenance, repair or replacement of the patio and related improvements installed by Grantee and Grantor. 5. Additional Structures. Neither Grantor, nor Grantee shall cause or permit any structure to be placed in the Property, except for those authorized under these covenants and restrictions. This restriction shall not be interpreted to prevent temporary structures placed for approved special events. 6. Maintenance by Grantee. Grantee shall be required to maintain the Riverwalk in a good, clean and sanitary condition, free from waste or litter and other conditions that are offensive to the public health, safety or welfare or would have a substantial adverse effect on the Hotel Real Estate. If Grantee fails to maintain the Riverwalk as required by this paragraph, Grantor may do so and may invoice Grantee for all necessary and reasonable costs incurred by Grantor; provided, however, that Grantor shall not exercise Grantor's rights under this paragraph without first giving Grantee written notice and allowing Grantee not less than ten (10) business days to correct such failure. Grantor recognizes that Grantee is a municipal entity and that there may be a public bidding or other requirements which must be complied with which may take more than ten(10) business days to complete, Grantor shall not take any action under this paragraph if Grantee has notified Grantor within the ten (10) business days of its intention to correct and has begun the process to initiate the corrective action needed and diligently pursues the corrective action until its completion. 7. Continued Use. Nothing in these Covenants and Restrictions is intended to imply that Grantor and Grantor's owners, employees, agents, tenants, guests and invitees shall not have the same access and use of the Property and the Riverwalk as the general public. 8. No Fees or Assessments. No assessments or charges shall be made against Grantor or Grantor's property for the construction or maintenance of the Property. 9. Use of Docks and Mooring Spaces. All docks and mooring spaces constructed as part of the Riverwalk shall be open to the general public and shall be subject to ordinances, rules and regulations as may be approved by the Oshkosh City Council, provided however, that the maximum time period for which docking or mooring is permitted shall not exceed twenty-four (24) consecutive hours. 10. Preservation of Scenic Views. Grantee recognizes the importance of preserving the desirable scenic views from the Hotel Real Estate. Grantee shall give consideration to preserving these desirable scenic views and shall consult with Grantor regarding the plans for any improvements or landscaping not included in the original plans and specifications that may adversely effect these views. 11. Use of Motorized Vehicles. Except for motorized or battery propelled personal assistive mobility devices, public access on, over or across the Property is limited to access by foot or other non-motorized means. Use of motor vehicles within the Property is prohibited, 2 except for motor vehicles used by the Grantee or by Grantee's agents for purposes of construction or maintenance of the improvements within the Property, maintenance of the Property, or for emergency access. Grantor or Grantor's employees, agents, and contractors may operate motorized vehicles within the Property for the purpose of the maintenance, repair and replacement of the Hotel Real Estate pursuant to paragraph 14 of these Covenants and Restrictions. 12. Prevention of Disorderly Conduct. Grantee shall work with Grantor to address issues that constitute disorderly conduct under State law or City ordinance or a violation of Grantee's noise ordinance. 13. Existing Utilities. Grantor shall have the right to maintain, repair and replace any existing utilities within the Property. Grantor may install additional utilities in or upon the Property with the prior written consent of Grantee. Grantor shall obtain all necessary permits for any such work according to applicable state and municipal codes. Grantor shall obtain a permit from Grantee similar in form and substance to that issued for construction in a right-of-way permit to perform the proposed work. The permit shall be of a type that may be issued administratively without further approval. Grantor shall use the Property in a reasonable manner and is responsible for restoration of the Property in good and workmanlike manner with like materials and is responsible for any damage to the Property or improvements constructed by Grantee resulting from the activities of Grantor or Grantor's employees, agents and contractors. Grantor shall provide the information necessary for the issuance of the permit to Grantee at least ten (10) business days prior to the date the proposed work is to begin. The information to be provided shall include the scope of the proposed project, types and weights of equipment proposed to be used, area to be used, anticipated time period for completion of work, and measures to be taken to minimize interference with the use of the Property by Grantee and the public. Grantor shall not use any equipment that exceeds Grantee's specified weight limit. Grantor shall cooperate with Grantee to limit interference with the use of the Property by Grantee and the public. 14. Use for Maintenance Purposes. Grantor may use the Property for the maintenance, repair and replacement of the buildings and improvements on the Hotel Real Estate adjacent to the Property. Grantor shall obtain all necessary permits for any such work according to applicable state and municipal codes. Grantor shall obtain a permit from Grantee similar in form and substance to that issued for construction in a right-of-way permit to perform the proposed work. The permit shall be of a type that may be issued administratively without further approval. Grantor shall use the Property in a reasonable manner and is responsible for restoration of the property in good and workmanlike manner with like materials and is responsible for any damage to the property or improvements constructed by Grantee resulting from the activities of Grantor or Grantor's employees, agents and contractors. Grantor shall provide the information necessary for the issuance of the permit to Grantee at least ten(10) business days prior to the date the proposed work is to begin. The information to be provided 3 shall include the scope of the proposed project, types and weights of equipment proposed to be used, area to be used, anticipated time period for completion of the work, and measures to be taken to minimize interference with the use of the Property by Grantee and the public. Grantor shall not use any equipment that exceeds Grantee's specified weight limits. Grantor shall cooperate with Grantee to limit interference with the use of the Property by Grantee and the public. 15. Existing Easements. One or more recorded easements may exist which relate to or affect the Property. The conveyance of the Property is subject to all existing easements and restrictions of record up to and including the date any such easements are released through a document recorded with the Winnebago County Register of Deeds. 16. Default. If either Grantor or Grantee reasonably believes that these covenants and restrictions have been breached, then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have thirty (30) days to cure any actual breach; provided, however, that if the breach cannot be reasonably cured within a thirty (30) day period, the party shall not be deemed to be in default as long as the party commences the cure within the thirty (30) day period and diligently pursues the cure to its completion. However, Grantee may immediately remove any object or material which it reasonably believes materially interferes with the use of the Property. In the event the default is not cured as required by this paragraph, the party that is not in default shall have the right to pursue all remedies available under these covenants and restrictions and applicable law. 17. Waiver. No delay or omission by either in exercising any right or power arising out of any default under the terms of these covenants and restrictions shall be construed as a waiver of the right or power. A waiver by either party of any violation of the other party shall not be construed to be a waiver of any other violation of any of the covenants or restrictions. 18. Invalidity. If any of these covenants or restrictions, or the application of these covenants or restrictions to any person or circumstances shall be deemed invalid or unenforceable by a court of competent jurisdiction, the remainder of these covenants and restrictions or the application of these covenants and restrictions to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each covenant and restriction shall be valid and enforceable to the fullest extent permitted by law. 19. Reverter. In the event the use of the Riverwalk is permanently discontinued for any reason, Grantor shall have the right to require Grantee to remove any or all of the improvements constructed by Grantee and to have title to the Property revert to Grantor at no cost to Grantor. 4 20. Ownership of Items Removed. Grantor shall have the option to retain any pilings, timbers, materials or other property of any kind removed from the Property by Grantee or Grantee's contractors during the initial construction of any Riverwalk improvements. 21. No Third Party Beneficiary. The covenant is intended to run with the land and to survive any subsequent divestiture of title by Grantor or any successor in title. The terms contained herein are solely for the benefit of Grantor and Grantee, and it is not the intention of either Grantor or Grantee that other parties shall acquire any rights to enforce or benefit from or through these Covenants and Restrictions except successors in title. 22. Municipal Liability. Nothing in this Agreement is intended as a waiver of the City of Oshkosh right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Section 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. 23. Governing Law. These covenants and restrictions shall be construed and enforced in accordance with the laws of the State of Wisconsin. Venue for any action regarding these covenants and restrictions shall be the Winnebago County, Wisconsin, Circuit Court or, if a federal court action, then the appropriate district and/or branch within which Winnebago County is located. The undersigned parties hereby acknowledge and agree that the foregoing covenants and restrictions have been incorporated in and are a part of the deed between the parties to which they are attached. OSHKOSH INVESTORS, LLC, By UW-OSHKOSH FOUNDATION HOTEL PROJECT, LLC, Manager By: hiF. liPA ArthurW'. ''athje i ' anager By OSHKOSH HOTEL VENTURE, LLC, Manager ; _,Alle n Pfefferl-, its Manager 5 CITY OF OSHKOSH By: . 'mot...— r � �/ Mark A. Rohloff, City Manager By: r L4.10a .r'ea • . I't ig, C I C -rk Mai /144 AUTHENTICATION Signatures of Arthur H. Rathen and John ' - - - •uthenticated this :3 ilA day of kt6 i , 2012. ,. Russell . Reff TITLE: MEMBER ATE AR WISCONSIN ACKNOWLEDGMENT STATE OF WISCONSIN) ) SS WINNEBAGO COUNTY) Personally came before me this 14th day of August , 2012 the above-named Angela J. Joeckel and Mark A. Rohloffk$adixilli , to me known to be the persons who executed the foregoing instrument and acknowledged the same. 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