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HomeMy WebLinkAboutZarnoth Brush Works, Inc/Streets purchase of paint stripers (1989) AGREEMENT THIS AGREEMENT made and entered into this 16th day of July, 1989 , by and between ZARNOTH BRUSH WORKS, INC. , P.O. Box 141, Chilton, WI 53014 party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as the "City" , and party of the second part. WITNESSETH: WHEREAS, the Common Council of,. the City of Oshkosh by resoluton duly adopted on the 15th day of June, 1989„ accepted the bid of the first party and authorized and directed the proper City officials to enter into an agreement with the party of the first part for: two (2) walk behind airless paint stripers according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows: 1. That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2 . That no assignment of this agreement or of any rights there- under by said party of the first part, shall be valid with-out the written consent of the City; and that this document including the specifications and bid, constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3 . That in consideration thereof, the City will pay to the first party the sum of 9 , 840. 00 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifica- tions and bid. IN WITNESS WHEREOF, the parties hereto have caused this agreement 1 to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a corporation or partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the Presence of: ZARNOTH BRUSH WORKS, INC. . �(�G4 � G BY: Z cz,e" n O IL rl`3 r`u, c 0 o r k s .�h Signature of the sole pro- /e�. f 1r prietor, or name or corporation or partnership L / ( i-1---)� z President or Partner' Scretary d CITY OF OSHKOSH \--du . lA Q P)/ l - dl-.. William D. Frueh, City �, Ma ager k (Lye&Et)0HU , /I And: C ;1titi'1 Z2a.W.) fr Donna C. Serwas, City Clerk A•i• oved as to orm d - - • ion: I hereby certify that the i►, 1 necessary provisions have 1OC �, _ �.ii la been made to pay the lia- Warren • . Kr- f , '' bility that will accrue Asst. City Attorney under this Contract. EDWARD A NOKES, City Comptroller 2 �\\I U I I I I I//j � Wisconsin Department of Transportation �� \\�������� Division of Transportation Assistance I/HIII11� BUREAU OF RAILROADS AND HARBORS 4802 Sheboygan Avenue P.O. Box 7914 Madison, WI 53707-7914 October 6, 1989 (608) 267-7348 Mr. William D. Frueh • City Manager City Hall P. 0. Box 1130 Oshkosh, Wisconsin 54902-1130 Dear Mr. Frueh: Enclosed is the original assignment document relating to the portion of the Chicago and North Western Transportation Company's former depot grounds that the City is to acquire. The document has been properly recorded by the Winnebago County Register of Deeds. Sincerely, c.dk c5(.64( Vicki L. Brusky Property Management Spectiialis VLB:1006 Enclosure DT)9 STATE OF WISCONSIN DEPARTMENT OF TRANSPORTATION STATEMENT OF ASSIGNMENT OF INTEREST UNDER SECTION 85.09, WIS. STATS. TO WHOM IT MAY CONCERN: This is to inform you that the State of Wisconsin, Department of Transportation, hereby assigns to the City of Oshkosh any interest or right it may have by virtue of Section 85.09, Wis. Stats. , as created by Chapter 34, Laws of 1979 and amended by 1985 Wisconsin Act 29, in property identified as being: Portions of Lots 1, 32, 33, 34, 35, 36, 37, 38, 39 and 40 of Block 39, in the 4th Ward, City of Oshkosh, per Leach's Map of 1894, Winnebago County, Wisconsin. Commencing at the Southwest corner of Lot 1 of Block 39, thence east 20.0 feet along the North line of Washington Avenue to the true point of beginning, thence N45°00'00"E 12.02 feet, thence East 5 feet parallel to the North line of Washington Avenue, thence North 363 feet parallel to the West line of Broad Street, thence West 5 feet parallel to the South line of Northwestern Avenue, thence N45°00'00"W 13.44 feet to the South line of Northwestern Avenue, thence east 54.5 feet along said line of Northwestern Avenue, thence South 381 feet parallel to the west line of Broad Street to the North Line of Washington Avenue, thence West 53.5 feet along said line of Washington Avenue to the true point of beginning. Commencing at the Southeast corner of Lot 35, of Block 39, thence West 26.5 feet along the North line of Northwestern Avenue to the true point of beginning, thence North 9.5 feet parallel to the West line of Broad Street, thence Northeast 58.28 feet along a curve whose radius is 207.39 feet with chord bearing N8°03'00"E being convex to the west, thence Northeast 58.28 feet along a curve whose radius is 207.39 feet with chord bearing N8°03'00"E being conves to the east, thence east 10.25 feet parallel to the South line of Merritt Avenue to the West line of Broad Street, thence .North 120 feet along said line of Broad Street to the South line of Merritt Avenue, thence West 33.25 feet along said line of Merritt Avenue, thence South 150 feet parallel to the West line of Broad Street, thence S13°58'40"W 95.43 feet to the North line of Northwestern Avenue, thence East 28.62 feet along said line of Northwestern Avenue to the true point of beginning. Signed:pp 7dison, Wisconsin, this /7 day of (a` , 1989. I Witnessed By: r .. `�F r ".„--. ' ,c ti E ' . ...... .... . sconsin Department of Transportation \::::N) John H. Evans, Admitistrator / } ,�/-"7 Y '' ivision of Transportation Assistance /'� 6 / � I a— T� ' , i�-/s;1A.J . -- -/On h s t�!� "aay of 1. , 1989, before me •`T96/7 z S Ca � ;•`,63 ersigned officer of t State of Wisconsin, known to me to be the • pevedb. 49scribed in the foregoing instrument, and acknowledged that he _ at the same in the capacity therein stated and for the purposes 4'�•,therein contained. 1r55 4he•e:b , ,heunto set my hand and official seal. +j �arr�yy(yPub/lic "i. F2-•, �o � r� Y�"T/�°r'" --/ C4,11"-- ./ r .4.4:.`;1; iti ors 5 4.,: VI miVg s i s: X44" fires: � '�" s �• � '' :` �r� Drafted by the Wisconsin Department (fj of Transportation .I `_g? .- VLB:tjr: 14256r �I •...ae it/ •(X •��° . U RIGIMit OF DEEDS