HomeMy WebLinkAboutStorage Lease Agmt/ATC AMERICAN TRANSMISSION COMPANY® LEASE
THIS INDENTURE, Made this /7 day of i ga , 2012 by and between the CITY OF
OSHKOSH, hereinafter referred to as Lessor, and AMERICAN TRANSMISSION COMPANY LLC, a
Wisconsin limited liability company, hereinafter referred to as Lessee.
WITNESSETH, That the Lessor does hereby lease, demise and let unto the Lessee a parcel of
land approximately four (4) acres in area for the purpose of storing wood, concrete or steel poles, steel
transmission towers (dismantled), crossarms, conductors, insulators, and other electric transmission line
material and equipment(including trucks, a temporary office, and other necessary vehicles and construction
machinery) in the Northeast quarter(NE %4) of Section 10 Township 18 North, Range 16 East, in the City of
Oshkosh, Winnebago County, Wisconsin. The location of said parcel of land is indicated on the drawing
marked Exhibit"A", attached hereto and made a part hereof. The business address of said parcel of land is
1901 Algoma Boulevard, Oshkosh, Wisconsin 54901.
TO HOLD for a term of six (6) weeks commencing on October 22, 2012, and extending through
November 30, 2012. Lessee yielding and paying rent therefore in the sum of$1,500.00 for the six(6)week
term. Said rental shall be paid upon the execution of this agreement, and Lessor hereby acknowledges the
receipt thereof. In the event said Lessee desires to terminate this lease in advance of the expiration of said
six (6) week period herein agreed upon, it shall have the right to vacate and abandon said parcel of land.
However, Lessor shall not be obligated to refund any of the advance rental herein paid for any unused
portion of the six(6)week rental period.
The Lessee and its agents shall have the right to use any existing driveways and install a locked
gate if required on Lessor's premises described above, all for the purpose of ingress and egress to and from
said leased land, by cars, trucks and other appurtenant equipment. Lessee agrees, however, to restore or
cause to have restored the premises of the Lessor as nearly as is reasonably possible to the condition
existing prior to the use of said premises and/or payment shall be made by Lessee for damage, if any, to
crops, fences, or domesticated animals caused by its acts.
Lessee shall not cause or permit any hazardous material to be brought upon or used on said
leased lands except as is necessary or useful to Lessee's day to day operations, however, maintenance of
Lessee's vehicles and equipment will not be permitted on Lessor's lands. Lessee agrees that it shall be
Lease-Storage-Staging City of Oshkosh(10-17-12) Revised:5-24-11 Page 1
fully liable for all costs and expenses related to the clean up and removal of any hazardous materials or
contamination resulting from Lessee's use and occupation of said leased land.
Each Party agrees to indemnify and hold the other harmless along with their directors, officers,
managers, employees, agents, successors, and assigns, from all claims, losses, expenses, fees including
reasonable attorney's fees, costs, and judgments that may be asserted against the Party to the extent and
in the percentage the claims, losses, expenses, fees, costs or judgments are caused by the acts or
omissions of the other or its agents; except that no indemnity shall be paid by Lessee to Lessor either
directly or indirectly, or through contribution or indemnification, for any damages or any part of damages for
which Lessee's liability is limited in a tariff filed with, and accepted for filing by the Federal Energy
Regulatory Commission (or its successor agencies), or any applicable state tariff accepted or approved by a
state regulatory commission, except in accordance with such tariff provision.
The indemnity of the City of Oshkosh shall be limited as provided in Secs. 893.80, 345.05 and any
similar statute of the Wisconsin Statutes."
The covenants herein contained shall bind the parties mutually and their successors and assigns.
Lease-Storage-Staging City of Oshkosh(10-17-12) Revised:5-24-11 Page 2
IN WITNESS WHEREOF, said Lessor has caused these presents to be signed by
i `z- *
/ 4# . 60,9 , this /? day of o , 2012, and
said Lessee has caused these presents to be signed by its duly authorized agent this Z 91'� day of
_61a1444, 2012.
B JIv (SEAL)
J 14114 Print Name/Title F iit FOSHKOSH ril
W rr/_. i 410.4"Q (SEAL)
rdekil StilLf r, St( J 'i - ' ctio
rin Na ei itle
V-
AMERICAN TRANSMISSION COMPANY LLC
a Wisconsin limited liability company
By: ATC Management Inc., its Manager
liAX4 I /___ILA / IJ L'
Name: Teresa M. Kochaver
Manager, Real Estate
For ATC Internal Use
Date Comments
ATC Env. onmen al S'gn O
to/a9 i .Q,f
Local P miffing g ff /,,,
Fully Executed Lease to ATC Property
Real Estate Checkbook Administrator
Estimated Value of Stored Items $ j0g70-QQ
Work Order Number: Project Name: PM:
6Z9jo s'ukr�f- f c/ � T $cAe or An
Attachment: plat book page, tax map
Lease-Storage-Staging City of Oshkosh(10-17-12) Revised:5-24-11 Page 3
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OSHKOSH i � Y
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a
Exhibit A }
1-61 Sunset Point to Pearl �
ar�rttCA.p IMO" Laydown Yard A■lib.� !
Transmission Lines i•L1.�' Agf
138 ngle ��
�.Single Circuit O Structure o 150 300 'rte
•61 Project Area Feet ��n��- .
Laydown Yard Base Map Data Sources:ATC.WONR,PSCW Eli
The information presented in this map documents advisory and is intended for Aliimmliii
reference purposes only.American Transmission Company owned and operated
facility locations are approximate. -■■.�
G1Proiectsl Sunset Point toPearllSUnsettoPearl ExhibitA Laydown Yard.mzd October 7,2010 Map Area Shown in Red
1
Date:
CITY OF OSHKOSH
RECEIPT
Other Payment
VALIDATION:
PARKS DEPT.
( /2, ( 2 c
DESCRIPTION:
.A) 7- -- 97, - CCC
/,
61(i-6 I,
,71117 -7> W234 N2000 RIDGEVIEW PKVVY CT. 0
P.O.BOX 47
WAUKESHA,WI 53187-0047 12-2/750
AMERICAN TRANSMISSION COMPANY LLC VOID AFTER 90 DAYS FROM ISSUE
/0/ 20 .42
op AjDrEozFE . , &sÁ 40,4
e #40-fescirj--- kioae,e--/ 1-kt /Q c-; DOLLARS, $
FOR cit /Axle
USBANK
AGENT
IIII 0 ? Ile 1:0 7 50000 2 21: 2 5139 9 791,0
`d From the desk of
AMERICAN TRANSMISSION COMPANY"'-
Ben F. Hock
October 31, 2012
Trisha:
Enclosed please find a fully-executed copy of the
storage lease between the City of Oshkosh and
ATC, as well as check number 12769 in the
amount of$1,500 as payment in full for the lease.
If you have any questions please contact me at
your convenience at 920-338-6533.
Sincerely,
Kai/
Ben Hock
ATC Real Estate
Page 1 of 2
Marks, Trish M
From: Maurer, Raymond
Sent: Tuesday, November 06, 2012 9:15 AM
To: Steeno, Peggy A.; Marks, Trish M
Subject: RE: ATC
Yes. They needed to use the "lay down" area longer than originally indicated in their lease agreement. So,
we will use the same account. Thanks.
Sia;ere4,
!Rail.4142wten
J a'd 9 ixectovc
eitv of (6
805 Witzel Avenue
Oshkosh, WI 54902
(920) 236-5080
rmaurer @ci.oshkosh.wi.us
From: Steeno, Peggy A.
Sent: Tuesday, November 06, 2012 9:14 AM
To: Marks, Trish M
Cc: Maurer, Raymond
Subject: RE: ATC
Sorry, I don't know anything about the $1,500. Are we just getting additional funds for the same reason, and
it relates to the Cemetery? If so, that account makes sense.
Thanks
From: Marks, Trish M
Sent: Monday, November 05, 2012 3:50 PM
11/6/2012