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Home My WebLink AboutWPS/walking path LICENSE AGREEMENT THIS AGREEMENT OF LICENSE, by and between WISCONSIN PUBLIC SERVICE CORPORATION, a Wisconsin corporation, hereinafter referred to as "Corporation", and the CITY OF OSHKOSH, a municipal corporation, hereinafter referred to as "City" made this 21st day of April , 1986. W I T N E S S E T H : In consideration of the sum of One ($1.00) Dollar paid by the City to the said Corporation, and the agreements of the City herein contained, the Corporation grants to the City permission to use a portion of its property described as: Lots One (1) thru Twelve (12) of Block Eighteen (18), L. M. Miller's First Addition to the City of Oshkosh according to Leaches Map of 1894. and outlined in red on the attached drawing labeled "EXHIBIT" A, being a strip II of land not to exceed fifty (50) feet in width for a jogging/walking or bicycling path along the northerly bank of the Fox River as it is now pre- sently situated within the confines of the City of Oshkosh, Winnebago County, Wisconsin. The proposed route of said jogging/walking or bicycling path is shown in yellow on the attached "EXHIBIT" A. The portion of the property of the Corporation included in this license 1 is more specifically described as: The south 50 feet of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Block 18, L. M. Miller's First Addition to the City of Oshkosh according to Leaches Map of 1894. Subject to an easement to the City of Oshkosh over the southerly 50 feet of Lots 8 and 9 for sanitary sewer purposes dated March 6, 1985. This License Agreement is granted and accepted upon the terms and subject to the following conditions: 1. The City shall have the sole and exclusive duty of maintaining this jogging/walking or bicycling path without obligation to the said Corporation. 2. The City shall have the exclusive right to improve the easement ji area with trees, shrubs, sidewalks as it deems necessary without cost to the Corporation and further agrees that upon termination of this license, said improvements shall be left in place unless otherwise agreed upon between the parties hereto for their removal . 3. The City agrees that all such use of the above described property of said Corporation has been by the consent and license of said Corporation and not adverse so as to create an interest in the real estate. fI! 4. The City agrees to erect a suitable fence along the northerly side of the area licensed and assumes all responsibility for maintenance of the same. In the event that the license is terminated, this fence may be removed by the City unless agreed upon by the parties hereto that it shall be retained by the 1 Corporation. 5. The City agrees that the use of the above-described property shall in no manner interfere with or restrict the rights of the Corporation to use the above-described property and/or any adjacent property thereto owned by the Corporation or situated along the jogging/walking or bicycling path as may be required in its business as an electric and gas utility. 6. The City hereby agrees that they will indemnify and save harmless said Corporation, its successors and assigns, from and against all liability, claims, suits, judgments, costs and expense which may in anywise come 'against said Corporation in consequence of the granting of this license or of the exercise of such license by said City. 7. It is further agreed that this license may be revoked at any time upon six (6) months' notice, in writing, by mail , addressed to the City as follows: City Clerk City Hall - 215 Church Avenue Oshkosh, WI 54901 i IN WITNESS WHEREOF, the Corporation and the City have caused these pre- sents to be signed by the duly authorized officers the day and year first i above written. WISCONSIN P LIC 'ERVICE CORPORATION f 7 BY' V. Henier son - Vic President 1 i By: ,X) ;>4-// j R. H. Knuth - Secretary 1 1 1 CITY OF OSCOSH By: %• ,- Y- / 4.-`c' William D. Frueh, City Manager BY: jLYt//,' Donna C. Serwas, City- Clerk dSTATE OF WISCONSIN) ) SS COUNTY OF BROWN ) Personally came before me this Ste; day of --a — , 1986, 1the above named J. V. Henderson and R. H. Knuth of the Wisconsin Public d Service Corporation, to me known to be the persons who executed the foregoing instrument and to me known to be such and Vice-President and Secretary of said corporation and acknowledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. E ' 14.1 Cam./ L4 Prisdllhs DeOlt Notary Public, Brown County, WI My Commission: AU ust 20. 1989 1, STATE OF WISCONSIN ) ) SS ,1 COUNTY OF WINNEBAGO) Personally came before me this day of , 1986, II the above named William D. Frueh, City Manager, and Donna C. erwas 1 City Clerk for the City of Oshkosh, a municipal corporation, to me known to be the persons who executed the foregoing instrument and acknowledged that they executed the foregoing instrument as such officers as the deed of said cor- poration, by its authority. ,. ./l << ' Notary Public, Winnebag• County, WI My Commission: O(-m--LOGO This instrument drafted by: R. C. 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