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Home My WebLink AboutUWO Foundation/Carl Steiger Park/Welcome 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: November 12, 2013 P.O. Box 1190 Project: N/A Oshkosh, WI 54903-1190 From: Lynn Lorenson Re: Carl Steiger Park/UWO Alumni Attn: Russell Reff Welcome Center Agreement Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ❑ Contracts ® Agreement ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 2 Fully executed originals: Carl Steiger Park/UWO Alumni Welcome Center 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(original) City Attorney (copy) AGREEMENT CARL STEIGER PARK/ UW-OSHKOSH ALUMNI WELCOME CENTER This Agreement is made by and between the City of Oshkosh (City) and the UW- Oshkosh Foundation (Foundation). Whereas, City owns Carl Steiger Park, located generally along the Fox River, west of Wisconsin Street, east of vacated Osceola Street and south of the University of Wisconsin; and Whereas, the Foundation has constructed an Alumni Welcome Center on property currently owned by the Foundation located immediately adjacent to Carl Steiger Park; and Whereas, the Foundation had approached the City with a request to beautify the area adjacent to Wisconsin Street and in front of the new Alumni Welcome Center; and Whereas, the City and Foundation have determined that there would be a mutual benefit to cooperating together to improve the green space area of Carl Steiger Park, to provide parking for park, Alumni Welcome Center and University users in joint parking areas; and Whereas, the Foundation wishes to make a donation to the City to provide for the costs of improvements proposed to the Park and to provide for future maintenance of the Park area in connection with maintenance of the adjacent Welcome Center property. FOR GOOD AND VALUABLE CONSIDERATION, including the mutual covenants contained herein, the City and the Foundation hereby enter into the following Agreement: 1. PURPOSE AND INTENT. The Purpose of this Agreement is to set forth the agreement and responsibilities of the parties relating to the removal of the current parking area contained within Carl Steiger Park; removal, replacement and or refurbishing of certain landscaping and a gazebo within Carl Steiger Park; reconstruction of the trail/pathway within Carl Steiger Park; and future maintenance of Carl Steiger Park. 2. REMOVAL OF CURRENT PARKING AREA WITHIN CARL STEIGER PARK. The Foundation shall remove or provide for the removal of the current public parking area within Carl Steiger Park. The Foundation shall submit to the City a plan for the removal of the parking area which shall identify any utilities located within this area; include details on the removal of the current driveway approach and replacement of curb in this area; and include a grading and landscaping plan for the area as restored 3. PUBLIC PARKING WITHIN UNIVERSITY LOTS. The current public parking lot located within Carl Steiger Park contains 31 parking spaces, including 2 parking spaces designated for the Wisconsin Street Bridge tenders and 1 ADA compliant disabled parking space. The Foundation shall provide or cause to be provided an equivalent number of public parking spaces within the parking lot (currently designated as Lot 6) adjacent to the Alumni Welcome Center and/or within a new parking lot anticipated to be constructed within vacated Osceola Street on or before December 1, 2016. The two designated parking spaces for the Wisconsin Street Bridge Tenders and the one ADA complaint disabled parking space shall be specifically included within the current Lot 6. The Foundation shall provide an ADA accessible sidewalk from the parking lot to the public sidewalk. In addition, if an additional sidewalk or pathway from the parking lot to the existing trail/pathway in the park becomes necessary in the opinion of the City Parks Director due to persons crossing grass areas within the park, the Foundation shall be responsible for the construction of this additional sidewalk or pathway. 4. LANDSCAPING. The Foundation shall work with the City Forester to review current landscaping and the parties will prepare or caused to be prepared a landscaping plan which shall be reviewed by the City's site plan committee and subject to approval of the City Parks Director. The Foundation shall pay for all costs related to preparation of the site plan, removal costs and for all costs for new landscaping materials and installation. The Foundation shall also refurbish, repaint and reroof the gazebo located within the Park on or before December 1, 2014. 5. MAINTENANCE OF CARL STEIGER PARK. During the term of this Agreement the Foundation shall be responsible for routine maintenance of Carl Steiger Park as a public park /green space. This maintenance responsibility shall include, but not be limited to, mowing of grass areas, weeding, fertilizing, application of herbicides/pesticides and the plowing of adjacent sidewalks and the portion of the walking trail through the park from Wisconsin Street to vacated Osceola Street. The shoreline and shoreline vegetation shall be maintained in its existing condition. Any changes to the shoreline vegetation must by approved by the Advisory Park Board and City Parks Director. 6. RECONSTRUCTION OF TRAIUPATHWAY. The Foundation shall cause the center portion of trail/pathway approximately from the gazebo west to the newly asphalted area within Carl Steiger Park to be reconstructed in accordance with plans to be approved by the City of Oshkosh on or before December 1, 2016 (see attached exhibit). 7. INDEMNIFICATION. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, the City of Oshkosh agrees to hold The Foundation, its officers, officials, employees and agents harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the City's officers, employees, volunteers or agents while acting within the scope of their authority or employment. The Foundation agrees to hold the City of Oshkosh, its officers, officials, employees and agents harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of The Foundation's officers, employees, volunteers or agents while acting within the scope of their authority or employment. Nothing contained within this agreement is intended to be a waiver or estoppel of the ability of the City or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statues §§ 893.80, 895.52, and 345.05 and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment. 8. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Wisconsin. 9. AMENDMENT. This Agreement may be amended or modified only by written instrument executed by both parties. 10.NOTICES. Any notice required hereunder shall be given in writing signed by the party giving notice, personally delivered or mailed by regular mail to the parties respective addresses set forth below: CITY OF OSHKOSH UW-FOUNDATION Attn: City Clerk Attn: Office of the President 215 Church Avenue University of Wisconsin- Oshkosh Foundation P.O. Box 1130 842 Algoma Blvd. Oshkosh, WI 54903 Oshkosh, WI 54901 11.ASSIGNMENT. This Agreement shall not be assignable without the written consent of the parties, except that the Foundation may assign its duties and responsibilities under this Agreement to the University of Wisconsin — Oshkosh. 12.TERM. This Agreement shall remain in full force and effect until terminated by the parties hereto. Either party to this Agreement may terminate this Agreement at any time by giving written notice to the other party no later than 30 calendar days before the termination date. Dated this day of November, 2013. UW— O OSH FOU k DA ON CITY OF OSHKOSH By: �� a `, By: �/ Al:'ur H. Rath - 'resident Mark A. Rohloff, City Man ger And: _Y_ nV ())Pamela R. Ubrig, City lerk AP'?)VED: W tit A Itoi%/h 4' n r Pi . Lorensc711177 Attorney