HomeMy WebLinkAboutSettlement Agreement/702 W 3rd Ave 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: Herrling Clark Law Firm LTD Date: December 11, 2013
800 N. Lynndale Drive Project: N/A
Appleton, WI 54914 From: Lynn Lorenson _
Re: Settlement Agreement
Attn: Charles Koehler City Acquisition of 702 W. 3rd Ave.
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
1 Fully executed original: Settlement agreement regarding City of Oshkosh
acquisition of 702 W. 310 Avenue
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (original)
Department of Public Works (copy)
City Attorney (copy)
SETTLEMENT AGREEMENT REGARDING
CITY OF OSHKOSH ACQUISITION OF 702 W. 3" AVENUE
This Agreement is made between the City of Oshkosh (herein '`City") and Bernard Pitz d,/bia
August Pitz & Sons (herein "Pitt''). City and Pitz may be referred to herein individually as "party' or
collectively as"parties"
Background Recitals
WHEREAS, Pitz owns an improved lot located at 702 W. 3rd Avenue, Oshkosh, WI (the
"Property") in the City which the City is acquiring pursuant to eminent domain law under § 32.05
Wisconsin Statutes; and
WHEREAS, the City and Pitz have negotiated a settlement of the purchase price for the Property
and relocation costs and moving expenses.
NOW,THEREFORE, the parties agree as follows:
1. Purchase Price. It is agreed that the purchase price for the Property is $69,750 which shall be
paid by the City to Pitz in exchange for the Warranty Deed.
2. Warranty Deed. Pitz will convey title to the Property by Warranty Deed in exchange for
payment of the purchase price on or before December 31, 2013 which closing date shall be
selected by the City as early as December 20, 2013
3 Relocation Expense. As required by Wisconsin Statutes, the City will pay up to a maximum
of$50,000 as relocation expense to Pitz, which is the maximum allowable relocation expense
allowed, subject to Pitz providing documentation/receipts of the actual costs from contractors
and others which have performed the relocation related work as shown on Exhibit A attached
hereto. This payment will be made within 30 days of submission of invoice for actual
completed work.
4. Moving Estimates. To comply with its obligations under Wisconsin Law to pay moving
expenses, the City will reimburse Pitz for the cost incurred in the amount of $1,000 paid to
obtain the moving estimate dated September 5, 2013 from Aetna Moving& Storage. Inc. The
City is granted permission to go on the property on or about December 3r1 with moving
contractors to obtain two additional estimates/proposals for moving the personal property of
Pitz from 702 W 3rd Avenue, Oshkosh, WI to 2215 Minnesota Street with the adjoining lot
that backs up to Montana Street. Pitz shall be entitled to select from either of these new
moving contractors or Aetna Moving & Storage, Inc. to perform the move. but the City is only
required to pay the smallest bid amount as reimbursement. Whichever mover is selected shall
provide a certificate of liability insurance to both the City and Pitz in a form and amount of
coverage reasonably acceptable to perform the services required.
5. Moving Arrangements. The City may select and will be responsible to pay for a moving
contractor to move Mr. Pitz's personal property from 702 W. 3r1 Avenue, Oshkosh, WI to
2215 Minnesota Street with the adjoining lot that backs up to Montana Street. Alternatively,
Mr. Pitz has the right to choose to use another contractor, in that case the City shall be
responsible to pay only the amount of the lowest bid. The moving contract will be made
jointly between Pitz, the City, and the moving contractor, so that both Pitz and the City have
privity of contract to protect their interests in accomplishing the move. The time to commence
and complete the move will be determined by the City subject to availability and completion
terms agreed upon by the contractor selected by the City. Pitz will cooperate with the moving
contractor to accommodate the moving schedule negotiated by the City with the moving
contractor. The City will reimburse Bernard Pitz at the statutorily required rate for the time
actually expended in onsite direction to the moving company for loading, transfer, and
unloading the personal property.
6. No Rent. From the date of closing until the moving company completes the move, the City
will not charge rent to Pitz while waiting for the moving company selected by the City to
complete the move of the personal property.
7. Reimbursement of Certain Fees. Pitz's fees for retaining the services of Reginald Draheim
and Hurling Clark Law Firm Ltd. are not reimbursable by the City to Pitz. Attorney's fees
incurred by Pitz for acquisition of a replacement property are reimbursable by the City to Pitz
as part of relocation expense.
8. Complete Agreement. This constitutes the complete agreement between the parties and there
have been no other oral representations, warranties, or agreements upon which either party has
relied, unless in writing and signed by the party to be bound.
9. Persons Bound. This Agreement is binding on the parties hereto and their respective heirs,
successors, and assigns.
10. Signatures. Copy signatures transmitted by fax or other electronic transmission and
counterpart signature pages are deemed as binding and valid as originals for purposes of this
document.
Dated this day of December, 2013.
CITY OF OSHKOSH
BY: '�G: --_
Ma4k/A.— / 'Rohloff, City Manager
BY: -VP
Pamela R. Ubrig, City Cler
APPROVED BERNARD PITZ D/B/A
AUGUST PITZ& SONS
rt, u�...+ ` Bernard Pitz.4
CITY ATTO•
•slKOSH,WISCONSIN