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HomeMy WebLinkAboutOASD/Amendment to License Agreement/Tipler Middle School CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX (920)236-5068 LETTER OF TRANSMITTAL To: Mr. Robert Tess Date: January 15, 2014 Oshkosh Area School District Subject: Executed Amendment to License 215 South Eagle Street Agreement Oshkosh, WI 54902 Dry Storm Water Detention Basin adjoining Tipler Middle School Contract 11-01 Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ❑ Contracts ❑ Amendment ❑ Report El Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ® Other Quantity Description 1 Executed Amendment to License Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed amendment to license agreement for the dry storm water detention basin adjoining Tipler Middle School. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office — Original cc: _ File— Original Signed: 0 ^� tOt Tracy4Taylor d I.\Engineering\Storm Water Information City Drainage Basin Inspection Folder\Tipler Pond\Tipler License Agreements\OASD LOT-CA to License Agreement-Tipler SW Det Basin 1-15- 14.docx AMENDMENT TO LICENSE AGREEMENT (Dry Storm Water Detention Basin Adjoining Tipler Middle School) The parties to this Amendment to License Agreement are the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54903 ("CITY") and the Oshkosh Area School District,215 South Eagle Street, Oshkosh,Wisconsin("SCHOOL DISTRICT"). Pursuant to a License Agreement attached as Exhibit C to the Agreement for Sale/Purchase and Maintenance of Real Property entered into on or around June 11, 2010,the CITY agreed to allow the SCHOOL DISTRICT to use the"Property"described in that Agreement subject to the terms herein. The Parties now wish to temporarily modify paragraph number 6 of this License Agreement as described in this Amendment document. The property subject to this License Agreement is parcel number 90611640105 and is identified as"OUTLOT 1"on Certified Survey Map No. 6400,which was recorded on September 10, 2009 as Document Number 1518292 in the Winnebago County Register of Deeds("Property"). License Paragraph number 6, IMPROVEMENTS, shall be modified as follows: The SCHOOL DISTRICT shall be allowed to temporarily place,without risk or liability on the part of the CITY, four(4) soccer goals on the Property for the period of April 1, 2014 through March 31, 2015. The soccer goals shall not be attached to the ground and shall not incorporate any nets,ropes,fabric,or similar material. SCHOOL DISTRICT shall coordinate layout of the field and the placement of the goals with the CITY. SCHOOL DISTRICT shall move or remove any soccer goal within seven(7) days of such request by the CITY. SCHOOL DISTRICT is solely responsible for all property damage or personal injury related to the soccer goals. SCHOOL DISTRICT shall not use motorized vehicles to transport the goals or any other items to the Property. Other than the modification above, all other terms and conditions between these two parties related to the Property shall remain the same. [SIGNATURE PAGES FOLLOW] SIGNATURE PAGES (1 of 2) AMENDMENT TO LICENSE AGREEMENT (Dry Storm Water Detention Basin Adjoining Tipler Middle School) LIC NSEE-Oshkosh Area School District Ard4tAm.,.._\ December 020,2013 dot ert-Tess _5chncrr- Executive Director,Business Services December , 2013 (signature) (print name) (title) STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) SuSQrInorr Personally came before me this act day of December, 2013, Robert s, to me known to be the person(s)who executed the foregoing instrument and acknowledged the same. Notary Public,Winnebago ounty, WI My Commission Expires: /51 X0/4 STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) Personally came before me this day of December, 2013, , to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. Notary Public,Winnebago County,WI My Commission Expires: 2 SIGNATURE PAGES (2 of 2) AMENDMENT TO LICENSE AGREEMENT (Dry Storm Water Detention Basin Adjoining Tipler Middle School) LICENSOR- City of Oshkosh Dgsember , 2$i3 rk A. Rohloff _ • Manager �t� L _ _ it Decembcr ,20+3- Pamela R. Ubrig City Clerk STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY ) (G- Ur4 t T Personally came before me this �7 day of , ltr11, Mark A. Rohloff and Pamela R. Ubrig,to me known to be the persons who executed the foregoing instrument and acknowledged the same. ( z oC, Notary Public,Winnebago County, WI My Commission Expires: 9a4t /2.j•' 'ROVED BY: -ill • . Lore TM, City Attorney This Document was drafted by: David J.Praska, Assistant City Attorney Oshkosh,WI 54903-1130 3