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Encroachment Agreement
Le.y, i -corl 1638272
Document Number
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
RECORDED ON
05/28/2013 09;22 AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
Recording Area
1 Name and Return Address
City Attorney's Office
Oshkosh,WI 54903-1130
al(N9 "6K
90600800000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by:
David J. Praska, Assistant City Attorney
City of Oshkosh, Wisconsin
1E-7717-757.-\
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' JUN 0 3 2013
, 1
May 20, 2013 1
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REVOCABLE ENCROACHMENT AGREEMENT
This agreement is between the City of Oshkosh ("City"), and Krier's Construction,
LLC ("Krier"). The parties enter into this agreement for$1.00 and other good and valuable
consideration, the receipt of which is acknowledged.
Krier is the fee owner of the property commonly known as 712 Ohio Street
("Property"), and with a summary description as follows:
Lots Three (3), Thirteen (13), Fourteen (14) and Fifteen (15) of Block
Ninety-eight(98) in the PLAT OF THE ORIGINAL THIRD WARD, in the
Sixth Ward, City of Oshkosh, Winnebago County, Wisconsin, per
Leach's Map of 1894, excepting therefrom the South Thirty-eight (38)
feet of the said Lots Thirteen (13), Fourteen (14) and Fifteen (15) .
PIN: 90600800000
Adjoining the Property along its West boundary is a public right-of-way used for
various public utilities, public sidewalks, and a public vehicular way commonly known as
Ohio Street. The City owns and/or is responsible for maintenance of the right of way for
Ohio Street and therefore has the authority to enter into this Agreement.
Krier or a previous owner/tenant of the Property erected a free-standing sign affixed
to a pole (Projecting Sign) on Krier's property that projects over and extends into the right
of way a total distance of 1.3 feet. No structure or object, including this sign, is allowed to
project into a public right of way without the City's permission.
The City of Oshkosh has reviewed the Projecting Sign as described in this
document, and will allow the placement of the requested Projecting Sign subject to the
terms and conditions identified in this agreement. Parties agree that all of the City's terms
and conditions in this document are to be considered material. Specific terms and
conditions of this agreement between City and Krier follow.
1. The City grants permission to Krier for the free-standing Sign on the Property
which currently projects into the right-of-way of Ohio Street no more than 1.3
feet, provided that the Projecting Sign remains in the exact same location and is
in all respects materially similar to the sign design and specifications currently
existing on the Property. The Projecting Sign shall have a minimum sidewalk
clearance of twelve (12) feet six (6) inches as currently exists. A drawing of the
Projecting Sign allowed is attached hereto as Exhibit A. The location of the
existing Projecting Sign is identified on Exhibit B, attached hereto.
2. The City's permission for this Projecting Sign is contingent upon the initial, and
continuing, compliance with all applicable local, state, and federal codes and
rules. The Projecting Sign shall comply with City Ordinances, including but not
limited to requirements for permits, structures, signs, projecting signs, Chapter
30-37 and Chapter 30-27.
3. Krier agrees that it is solely responsible for the installation and maintenance of
the Projecting Sign, and that it is solely responsible for any and all personal or
property damage caused by the Projecting Sign. Krier's responsibility includes
actions taken by Property tenants or others using the Property.
May 20, 2013 2
4. Krier is solely responsible for securing, maintaining, repairing, and replacing the
Projecting Sign in a manner and condition substantially similar, or better, than
currently exists. The City's permission and approval of the Projecting Sign is not
related to Krier's responsibility for the short and long term stability and safety of
the Projecting Sign.
5. Krier acknowledges and agrees that public utilities and facilities, and the street
and sidewalk, in the right-of-way are subject to maintenance, repair or
replacement. In the event that maintenance, repair, or replacement of public
utilities or facilities in the right-of-way will need to occur, the City agrees to make
reasonable efforts to notify Krier of these activities so that Krier may remove or
otherwise protect the Projecting Sign if affected. If Krier elects to remove or
otherwise protect the Projecting Sign, such actions must be taken within the
timeframe for the City's anticipated work. However, the City shall not be
responsible for any damage to the Projecting Sign, or any structure or hardware,
to which the Projecting Sign is attached, related to the City's actions in its right of
way. The City has no obligation, but shall be allowed to remove, at its sole
discretion, the Projecting Sign for the purpose of maintenance, repairs, and
replacement of utilities and facilities within the right of way. Krier shall be
responsible for reinstalling/reattaching the Projecting Sign in those
circumstances where the City removes the Projecting Sign. The City shall be
reimbursed by Krier for all costs and expenses related to removing or protecting
the Projecting Sign. Krier gives the City permission to enter, access, and alter
his Property that is not in the right of way for the sole purpose of removing or
protecting the Projecting Sign.
6. The City is allowed to revoke its permission for the Projecting Sign for any of the
following reasons:
a. The City's use of the right of way prohibits the continued location of the
Projecting Sign;
b. Local, state, or federal rules, laws, or guidelines relating to public
sidewalk or street clearances or distances prohibit the continued location
of the Projecting Sign;
c. Krier fails to properly maintain, repair, or replace the Projecting Sign;
d. Krier fails to provide the City with annual written proof that the Projecting
Sign is covered by the required insurance.
7. Krier releases the City of Oshkosh, its employees, agents, elected officials, and
authorized volunteers from all debt, claims, demands, damages, actions and
causes of action whatsoever which may result from the Projecting Sign. Krier
shall protect and hold the City of Oshkosh harmless against all actions, claims
and demands of any kind or character whatsoever which are related to the
Projecting Sign.
8. Both parties understand and agree that accidents and incidents occurring on
City rights of way may result in lawsuits or threats of lawsuits against the City.
Therefore, the Owner agrees to indemnify and pay to the City all amounts that
the City may be required, obligated, or adjudged as responsible to pay, for any
dispute or action related to the Projecting Sign. This indemnification is broad,
and shall include damages, attorney's fees and costs, and defense costs. The
May 20, 2013 3
payments required of Krier by this paragraph are due no later than 30 days after
written request for such indemnification. Krier agrees that this paragraph shall
be liberally construed in favor of the City of Oshkosh, in consideration of the
privilege granted by the City under this agreement.
9. At all times during which the Projecting Sign encroaches into the right of way,
Krier's property liability insurance shall cover all potential liabilities related to the
Projecting Sign. Krier's insurance shall provide reasonable coverage for
potential damages to persons and property cause wholly, or in part, by the
Projecting Sign. Minimum insurance coverage related to the Projecting Sign
shall be $500,000 for each occurrence for bodily injury and property damage
liability and $500,000 general aggregate. Krier shall include the City of Oshkosh
as an additional insured on its policy for claims, liabilities, and damages related
to the Projecting Sign. Krier shall annually provide the City with proof of
insurance for the Projecting Sign.
10. The City's permission is personal to Krier in its capacity as the owner of the
Property, and cannot be transferred or assigned to any other person or entity,
whether voluntarily or involuntarily except as may be identified or described in
this Agreement. Krier's rights contained in this agreement do not attach to
property and do not run with the land. Except as otherwise described in this
Agreement, permission for the Projecting Signs is revoked immediately and
without notice as of the time that any person or entity other than Krier becomes
a fee owner, whether in whole or in part, of the property at 712 Ohio Street.
Revocation of permission for the Projecting Sign will also occur where Krier
forms an entity of which it is the sole or partial owner.
11. Krier's responsibilities pursuant to this agreement extend to other persons,
contractors, and agents performing work on Owner's behalf and related to the
Projecting Sign, as well as any of the Owner's tenants.
12. Krier remains responsible for any actions taken by any tenant or property of any
tenant that are related to this Revocable Encroachment Agreement.
13. This agreement is solely for the benefit of the parties to this agreement, and it is
not intended to benefit any third party.
14. The election to enforce or not enforce any term of this agreement, or any
statute, code, or rule, as well as the timing of such enforcement, shall be at the
City's sole discretion and shall not act as a waiver of any rights to exercise any
right relating to the Projecting Sign in the future.
15. This agreement shall incorporate all immunities and limitations provided to
municipalities within the Wisconsin Statutes, regardless of whether a claim is
based upon contract, tort, or other theory.
This agreement shall not run with the land, but may be recorded with the Winnebago
County Register of Deeds at the City's discretion.
This agreement shall become effective upon the last date a party signs below.
[SIGNATURE PAGE FOLLOWS]
May 20, 2013 4
OWNER:
KRIER'S CONSTRUCTION, LLC
3201 County Road F
Omro, Wisconsin 54963
Charles . Krier, Managing Member
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this �'^�"�'day of AN ,2013,the above-named Charles J.Krier,to
me known to be the person(s)who executed the foregoi •dccumen and kn ed edth same.
Notary Public,Pia FD Cp Wi consin
My Commission expires: U9 'I r9')3
CITY OF OSHKOSH
a
By `' .'�/C�1 And:L:::: .m1.■ --.f A__
Mark A. Rohloff, City Manager Pamela R. Ubrig, City lerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this oCc L day of ) (A , 2013, the above-named MARK A.
ROHLOFF,CITY MANAGER,AND PAMELA R.UBRIG,CITY CLERK of the City of Oshkosh,a municipal corporation,
to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said
corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said
corporation, by its authority. (
Notary Public,Winnebago Co.,WI
My Commission expires: 71&/JO//
May 20, 2013 5
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The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the y�
approximate relative location of property, boundaries and other feature from a variety of sources. Printing Date:5/1/2013 . HKOTH
These map(s)/datasets are provided for information purposes only and may not be sufficient or 9
appropriate for legal, engineering, or surveying purposes. They are provided "AS-IS' without Prepared by:City Of Oshkosh,WI ON THE WATER
warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
Exhibit (____