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HomeMy WebLinkAboutOshkosh Convention Center CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920) 236-5106 LETTER OF TRANSMITTAL To: Reff, Baivier, Berminingham & Lim SC Date: June 10, 2013 P.O. Box 1190 Project: Oshkosh Convention Center Oshkosh, WI 54903-1190 From: Lynn Lorenson Re: Amendment to Agreement Attn: Russell Reff Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ❑ Contracts ® Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 2 Fully executed originals: Amendment to Management Agreement These are being transmitted as indicated below: ❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review&Comment Remarks: cc: City Clerk (original) Parks Director(copy) City Attorney (copy) JUN 112013 CITY CLERK'S OFFICE AMENDMENT TO MANAGEMENT AGREEMENT This Amendment to Management Agreement is made and entered into as of the /U day of June, 2013, by and between the City of Oshkosh, a Wisconsin municipal corporation with its principal offices at 215 Church Avenue, Oshkosh, Wisconsin 54903-1130 (hereinafter "City"), and the Oshkosh Investors, LLC, a Wisconsin limited liability company formed pursuant to the laws of Wisconsin with its principal office at 1 North Main Street, Oshkosh, Wisconsin 54901 (hereinafter "Operator"). RECITALS WHEREAS, the City is the owner of certain property within its municipal boundaries identified as the Oshkosh Convention Center ("Convention Center") located at 2 North Main Street; and WHEREAS, the City and the Operator have previously entered into a Management Agreement dated May 16, 2012 for the operation of the Convention Center; and WHEREAS, the City has obtained relief from the conditions of the original deed of land for a portion of the Riverside Park property immediately adjacent to the Convention Center as shown on attached Exhibit "A" to allow the City to use the property in connection with the operation of the Convention Center; and WHEREAS, the Operator has requested the ability to put identification signage on the skywalk which is included as a part of the leased premises and which joins the Convention Center to the hotel facilities across a portion of Main Street; and WHEREAS, the parties wish to clarify provisions pertaining to the skywalk and particularly ownership and responsibilities pertaining to the doors between the skywalk and the hotel facility; and WHEREAS, The parties agree that they each receive a business benefit through this amendment. THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt and sufficiency whereof is acknowledged, the parties agree to amend the Management Agreement as follows: 1. The definition of Premises in Paragraph 2 of the Agreement shall be modified as follows: -1- 2. Premises. The facilities subject to this Agreement consist of the Oshkosh Convention Center, 2 North Main Street, which is comprised of the Convention Center building, skywalk across Main Street specifically excluding the doors from the hotel facility to the skywalk, and adjacent outdoor patio and parcel of land identified on attached Exhibit "A" (the "Parcel") (collectively the "Convention Center"). Any alcohol license available for use at the Convention Center shall cover the building, skywalk, and outdoor patio. 2. Operator shall not cause or permit any structures to be placed on the Parcel without the permission of the City of Oshkosh Common Council. Any permitted structures shall be compatible with the landscaping elements and design of the surrounding public park. This paragraph shall not be interpreted to prohibit temporary structures, defined as being placed for a period of 5 days or less, such as tents, canopies, arbors or temporary decorative fencing which shall be permitted without additional approvals. 3. Operator shall be permitted to place signage identifying the Hotel and Convention Center upon the Skywalk subject to the following conditions: a. Any signage must also identify the City's Convention Center in a manner equally as prominent as the Hotel facility. b. Operator must obtain all necessary permits including but not limited to building and sign permits. c. Operator shall submit a plan showing the design and materials to be used, which plan is subject to review and approval by the Board of Public Works. d. The signage shall not be illuminated. e. The signage shall not extend above or below the limits of the skywalk and shall not block the windows of the skywalk. f. Operator shall be responsible to maintain the signage in good repair, neat and free from peeling, chipping or other deterioration. g. Operator shall be responsible for all costs associated with the design, placement, construction, maintenance and removal of the signage and restoration of the skywalk. h. The signage shall be removed at termination of the Management Agreement and the Skywalk restored, including but not limited to cleaning or painting if necessary to remove fading caused by placement of the signage. All rights and responsibilities under the original Management Agreement between these parties not specifically amended by this amendment shall remain in effect. -2- IN WITNESS WHEREOF, the City and Operator have executed this Agreement as of the date set forth above. CITY OF OSHKOSH, WISCONSIN Date: b(v//o/20/3 By: - (eV-��t'� Mar A. Rohloff, City Manager i Date: co 6,//0/ Ol 3 , -1 , By: 'LAI I kii/U,Pamela R. Ubrig, City C 0 Approved as to form: Date: 06//49/2.04.3 ( 11, L A Lorenson, Cit t orney OSHKOSH INVESTORS, LLC By UW-OSHKOSH FOUNDATION HOTEL PROJECT, LLC, Manager Date: By: killitd _ Arth' . .-a je 0 OSHKOSH HOTEL i URE, LLC, Manager Date: B " ��� __ n eirte e -3- Lease Area Description Part of Lots 7 and 8 in Block 16 of L.M. Miller's First Addition, part of Lot 4 of Moore and Bock's Subdivision, and part of vacated Moore Street, all in the 8th Ward, City of Oshkosh, Winnebago County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of Lot 1 of Certified Survey Map (CSM) number 6237 of Winnebago County Records, that also being a point on the East right-of-way of North Main Street; thence S76°22'36"E, 35.45 feet along the Southerly line of said Lot 1 to the Point of Beginning; thence S76 22 36 E, 189.54 feet along the Southerly line of said Lot 1; thence S13°31'13"W, 63.84 feet; thence S08°33'21"E, 15.41 feet; thence S66°57'11"W, 24.89 feet; thence S35°04'15"W, 33.63 feet; thence N47°05'31"W, 26.09 feet; thence N51°59'38"W, 24.45 feet; thence N59°14'08"W, 25.94 feet; thence N65°11'53"W, 37.86 feet; thence N04°11'32"W, 27.16 feet; thence N27°15'27"W, 34.63 feet; thence N22°41118"W, 42.69 feet to the Point of Beginning. Said property containing 15,569 square feet or 0.357 acres, more or less, and being part of Winnebago County parcel number 90800190000. Bearings are referenced to the Southerly line of Lot 1 of Certified Survey Map number 6237 of Winnebago County Records being recorded as S76°22'36"E. • /1.. ''"�' Lease Area ELEVATED PEDESTRIAN 1 Part of Lots 7 and 8 in Block 16 of L.M.Millers First Addition.part of Lot 4 of Moore and Bock's WALKWAY 1 Subdivision,and part of vacated Moore Street,of in the 8th Ward,City of Oshkosh,Winnebago 1 r k County,Wisconsin,bounded and described as follows: 1 \ I Commencing at the Southwest corner of Lot 1 of Certified Survey Map(CSM)number 6237 of Winnebago County Records,that also being a point on the East right-of-way of North Main Street; I U I thence S76'22'36'E,35.45 feet along the Southerly line of said Lot 1 to the Point of Beginning; z thence S78'22'36'E,189.54 feet along the Southerly line of said Lot 1:thence S13'31't3'W,63.84 ! oo I feet;thence S08'33'21'E,15.41 feet;thence S66'57'11'W,24.89 feet;thence S35°04'15'W,33.63 7 CONC. CONC. U I feet;thence N47'05'31'W,28.09 feet;thence N51°59'38'W,24.45 feet;thence N59'14`08'W,25.94 feet;thence N65'11'53'W,37.86 feet;thence N04'11'32-W,27.16 feet;thence N27•15'27'W,34.63 ASPHALT r 1--r 1 feet;thence N22'41'18'W,42.89 feet to the Point of Beginning. f W I f Said property containing 15,569 square feet or 0.357 acres,more or less,and being part of W 1 Winnebago County parcel number 90800190000. Bearings are referenced to the Southerly 8 line of Lot 1 of Certified Survey Map number 6237 of Winnebago County Records being f Q I"- I I recorded as S76'22'38'E. ! U () < I , IR1 \ ! u Z BL2DrNG T CS !2 i PAR.*9080 M#6237' CIS.OF OS 030000 Zr I eu/LOING ` S.W.CORNER I fr CCItil LOT 1-CSM#6237 I 11) STS 22'36 P.0.8. ASPHALT 3S., ASPHALT i li `�' SOUTH L!A/ i S/s°zz,36r�for 1.GSM237 CONC.°moo �oy9 ..../ -/900n 9895 i --`�_. / CONC. I PLC, 1".. ..> OF OSH"u,N 4 / T9.8� LEASE / ! CONC. r AREA // (rt.('a G����5a\`` I c Tyoro00'eOQOo CO ±15,569 SQ.FT./ ' 'h '0V0��:...0 / I ' SNKOStf ±0.357 ACRES• 1W / 0 P Jro / ASPHALT ! �8 / 4 / `\Q� / i pp / / CV ��/ Cep �3 I I CONC.' i --\\. .......\--.......\ \ CONC./ G / v ! / C pT / • F� 8 1 I L1 313°31'13"W 63.84' / f/ L2 S08°33'21'E 15.41' I �� PAR.if9 r sS3665:0547:1151.wkW 3243:6830: L5 N47°05'31'W 26.09' CONC?NOP/SN ASH L6 N51*59'38'W 24.45' LEGEND 1 L7 N59°14'08'W 25.94' Lease Boundary ' 50 L8 N65'11'53'W 37.86' =tf•_ L9 N04°11'32"V1! 27.16' _—————� `._-— Rightrof-Way fine $ L10 N27'15'27"W 34.63' — SubrtMsion Line 1" = 50' L11 N22°41'18'W 42.69' Parcel Line Drawn: CDH 4/28/2013 ACOAIOSHKOSH CONVENTION CENTER Checked: — LEASE AGREEMENT EXHIBIT Approved: 558 North Main Street — I Oshkosh,WI 54901 2 NORTH MAIN STREET/ 101 CEAPE AVENUE NUMBPROJECT 202664 i 920.235.0270 OSHKOSH, WISCONSIN "— www.aeco m. com.aeco BOURE Copyrfght©2013, AECOM NtiltilER 1