HomeMy WebLinkAboutLicense Agreement/1621500200 LICENSE AGREEMENT
(Construction and Use of Driveway)
This agreement is made and entered into this c,2U day of June, 2013, between
the City of Oshkosh ("City") and CONVENIENCE STORE INVESTMENTS, a Wisconsin
limited partnership, with its principal offices located at 1626 Oak Street, La Crosse, WI
54603 ("Licensee"). The parties enter into this agreement for $1.00 and other good and
valuable consideration as described in this document as well as a Development Agreement
between these same parties, the receipt of which is acknowledged.
The Licensee is the fee owner of the property commonly known as 1090 N.
Washburn Street, Oshkosh, Wisconsin, parcel number 91621500200. ("Property").
The City has previously purchased an Access Restriction limiting access from the
Property to North Washburn Street, as identified on the Award of Damages recorded in the
Office of the Register of Deeds for Winnebago County, Wisconsin, as document number
1413713 on October 10, 2006.
Licensee plans to construct an auto service facility, retail store and carwash on the
Property. Licensee and the City have entered into a Development Agreement with respect
to the Property and Licensee has requested a License from the City to locate a driveway at
or near the intersection of Westowne Avenue and North Washburn Street in the City of
Oshkosh, consistent with their approved plans for development of the Property.
The City has reviewed Licensee's request and will allow the requested driveway
access, including a curb cut and driveway approach, subject to the terms and conditions
identified in this agreement. Both 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 Licensee follow.
1. The City grants permission to Licensee to construct a curb cut and driveway
approach from the Property at or near the intersection of Westowne Avenue and
North Washburn Street, provided that the construction of the curb cut and
driveway approach is materially similar to the final detailed plans and
specifications for the Project as approved and on file in the City of Oshkosh
Department of Public Works. A copy of the approved plan is attached to the
Development Agreement between these two parties as Exhibit A thereto. This
License shall only be used for driveway access, construction of the curb cut and
driveway approach and for no other purpose.
2. The City's permission for this driveway access is contingent upon the initial, and
continuing, compliance with all applicable local, state, and federal codes and
rules. The driveway access, including the curb cut and driveway approach, shall
comply with all City Ordinances.
3. Licensee agrees that they are solely responsible for the installation and
maintenance of the curb cut and driveway approach. All expenses arising out of
this License are the responsibility of the Licensee, including but not limited to all
costs for construction and maintenance of the curb cut and driveway approach.
4. Term: This License shall commence on the date written above and shall
terminate upon the sale, conveyance, transfer, or other disposition of the
property or revocation of the License except for those transfers between
Licensee and its related entities.
In the event of sale, conveyance, transfer, or other disposition of the property,
this License shall terminate automatically and no further notice shall be
necessary except for those transfers between Licensee and its related entities.
The City is allowed to revoke its permission for the driveway access upon 30
days written notice to Licensee for any of the following reasons:
a. The intersection of Westowne Avenue and North Washburn Street is
redesigned in such a manner as to alter or eliminate the driveway access;
b. Local, state, or federal rules, laws, or guidelines relating to streets,
driveway access or other transportation matters, or any other local, state,
or federal law prohibit the continued location of the driveway access;
c. Licensee fails to properly maintain, repair, or replace the curb cut or
driveway approach;
d. Licensee fails to provide the City with written proof that the driveway
access, curb cut and driveway approach are covered by the required
insurance.
e. Upon written agreement of the parties.
Upon alteration of the intersection or conveyance of the property, the parties or
their successors may enter into a new License Agreement for continued use of
the driveway access.
Upon termination of this License, Licensee must, at Licensee's sole expense,
remove the curb cut and driveway approach and restore the terrace in a manner
and to a condition satisfactory to the City.
5. Licensee 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 are related to this License or which may
result from the construction and use of the curb cut and driveway approach.
Licensee 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 License herein granted or which may result from the construction and use of
the curb cut and driveway approach. Licensee 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.
6. At all times this License is in effect, Licensee shall maintain property liability
insurance over all potential liabilities related to the driveway access, curb cut and
driveway approach. Licensee's insurance shall provide reasonable coverage for
potential damages to persons and property cause wholly, or in part, by the
driveway access, driveway and driveway apron. Such insurance may be
provided separately or may be included within Licensee's general liability policy
covering the Property. Upon request, Licensee shall provide proof of insurance
coverage to the City.
7. This agreement is solely for the benefit of the two parties to this agreement, and
it is not intended to benefit any third party.
8. This License is a privilege granted to the Licensee, its employees, customers
and invitees, and shall not be assignable by Licensee in whole or in part. This
License is revocable pursuant to the terms herein and does not create any
estate, interest, lease, covenant or any other right to the possession of or
interest in the property over which access is granted.
9. The election to enforce or not enforce, as well as the timing of 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 this License in the future.
10. 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.
11. Entire Agreement. This License, together with the Parties Development
Agreement, constitute the entire agreement between the parties, and any other
prior understandings or representations made by either party shall not be
binding on either party unless incorporated within this document, the
Development Agreement or a written amendment thereto.
SIGNATURE PAGE FOLLOWS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first above written.
CITY OF OSHKOSH
Mark A. Rohloff, City Manager
r
.APPi.
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me this ,,,1� day of tip— , 2013, the above
named Mark A. Rohloff, City Manager for the City Oshkosh, and Pamela R.
Ubrig, City Clerk for the City of Oshkosh, to me known to be such persons who
executed the foregoing instrument and acknowledged the same, for the purpose
herein contained.
6416--pt. 7t)611-C4114-i-
Notary Public, Winnebago Cou ty,Wisconsin
My Commission expires: 7 cel24)f
CONVENIENCE STORE INVESTMENTS,
A 'sconsin Limited ' .rtnership
By:
ael . e ncius, President of
Convenience tore Investments,
Inc., General Partner
STATE OF WISCONSIN )
) ss. S , e ��-
WINNEBAGO COUNTY ) Nt,
Personally ..me before me this day o , 2013,the above
named Michael A ncius, President of venience Store Investments, Inc.,
General Partner o onvenience •re Investments, a Wisconsin Limited
Partnership, to me kn• to ► - such person who executed the foregoing
instrument and acknowled• -• e same, for the purpose herein contained.
Notary P • ' Winnebago County, Wisconsin
My Commission e' :'res:
WINNEBAGO COUNTY )
Personally came before me this d. of , 2013,the above
named Mark A. Rohloff, C Manager for e City of Oshkosh, and Pamela R.
Ubrig, City Clerk for the City o Oshkosh o me known to be such persons who
executed the foregoing instrument . •• -cknowledged the same, for the purpose
herein contained. 5e_ ere J`,pu„ n-
Notary Public,Winnebago County,Wisconsin
My Commission expires:
CONVENIENCE STORE INVESTMENTS,
A Wisconsin Limited Part -rship 1-...-....._
By: :.�. .r„
Mich. A ci's, President of
Co - -nce Store Investments,
In• •neral Partner
STATE OF WISCONSIN )
LA CRS ) ss.
witstriEfttcee COUNTY )
Personally came before me this 2-Clik day of ,3-t.).0-C.., , 2013, the above
named Michael J. Ancius, President of Convenience Store Investments, Inc.,
General Partner of Convenience Store Investments, a Wisconsin Limited
Partnership, to me known to be such person who executed the foregoing
instrument and acknowledged the same, for the purpose herein contained.
% V LA Crosse.
p1
,cP.......". <'''4 Notary Public, ' County,Wisconsin
▪0• S My Commission expires: q- 18—i(c
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Illimvpies
Draft Date:June 18, 2013 4