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HomeMy WebLinkAbout35. 14-353 JULY 22, 2014 14-353 RESOLUTION (CARRIED__7-0____LOST______LAID OVER_______WITHDRAWN_____) PURPOSE: APPROVE PARTIAL RELEASE OF DEVELOPMENT AGREEMENT AND DRIVEWAY LICENSE AGREEMENT FOR PORTION OF 1090 NORTH WASHBURN STREET (KWIK TRIP) INITIATED BY: CITY ADMINISTRATION WHEREAS, By Resolution 13-167 adopted on April 9, 2013 and Resolution 13- 310 adopted on June 26, 2013 the Common Council approved a planned development for a Kwik Trip auto service facility, retail store and car wash on an approximately 2.78 acre parcel located at 1090 North Washburn Street and authorized and directed the proper City officials to enter into a Development Agreement to provide for the installation of various improvements at the intersection of Westowne Avenue and North Washburn Street in the City of Oshkosh; and WHEREAS, Resolution 13-167 also authorized the granting of a license allowing Convenience Store Investments (Kwik Trip) to construct a driveway across city property which will connect the Kwik Trip property to the nearby right-of-way; and WHEREAS, the Developer has now divided the parcel and requests that the newly created undeveloped Lot 2 of CSM 6720 be released from the terms of the Development Agreement and the License Agreement; and WHEREAS, the existing Kwik Trip property will remain subject to the terms and conditions of the original Agreement and License. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that upon the sale of the property, Lot 2 of CSM 6720, as shown on the attached Exhibit to this Resolution, is hereby released from the terms of the Development Agreement, document number 1645149, recorded in the Office of the Register of Deeds for Winnebago County at 9:01 a.m. on August 9, 2013. BE IT FURTHER RESOLVED that upon the sale of the property, Lot 2 of CSM 6720 is hereby released from the Memorandum of License Agreement which is recorded in the Office of the Register of Deeds for Winnebago County as document number 1645148 at 9:01 a.m. on August 9, 2013 and is hereby released from the benefit and burdens of the Driveway License Agreement, between the City of Oshkosh and Convenience Store Investments dated June 26, 2013 which shall be revoked as to Lot 2 of CSM 6720. JULY 22, 2014 14 -353 RESOLUTION CONT'D BE IT FURTHER RESOLVED that, as a condition of the complete release of the new undeveloped Lot 2 of CSM 6720, a written Consent from Convenience Store Investments be obtained including language that Convenience Store Investments understands and agrees that all terms and conditions of the Development Agreement and the License continue to apply to Lot 1 of CSM 6720, the Kwik Trip property. BE IT FURTHER RESOLVED that the proper City officials are authorized and directed to sign an appropriate document for purposes of the same. CITY HALL 215 Church Avenue PO. Box 1120 Oshkosh, 903 -1130 City of Oshkosh 0— QlHKQIH TO: Honorable Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: July 16, 2014 RE: APPROVE PARTIAL RELEASE OF DEVELOPMENT AGREEMENT AND DRIVEWAY LICENSE AGREEMENT FOR PORTION OF 1090 NORTH WASHBURN STREET (KWIK TRIP) BACKGROUND By Resolution 13 -167 adopted on April 9, 2013 and Resolution 13 -310 adopted on June 26, 2013 the Common Council approved a planned development for a Kwik Trip auto service facility, retail store and car wash on an approximately 2.78 acre parcel located at 1090 North Washburn Street and authorized and directed the proper City officials to enter into a Development Agreement to provide for the installation of various improvements at the intersection of Westowne Avenue and North Washburn Street in the City of Oshkosh. The work on the Kwik Trip site is substantially complete and the developer has now split off a portion of the site, to the east of the Kwik Trip building, and the parties are requesting that the City release that portion of the site- from the terms of the Development Agreement and Driveway License agreement to facilitate the sale of that parcel and development of a restaurant. Attached to this memorandum are a site plan for the Kwik Trip site showing the driveway at the intersection of Westowne Avenue with South Washburn Street which is the subject of the license agreement and a copy of the certified survey map showing the Kwik Trip parcel, Lot 1, and the parcel proposed for restaurant development, Lot 2. ANALYSIS Release of the Agreement and License as to Lot 2 does not substantially alter the Agreement between the parties or affect the City's ability to enforce the remaining provisions of the original Agreement and License. Lot 2 would be accessed primarily by a driveway located on that parcel that does not lie within the driveway restricted area at the intersection so Lot 2 does not need the existing license. No other license is needed for this driveway access. The Development Agreement primarily deals with the reconstruction of the intersection of Westowne Avenue and South Washburn Street, although it does include a driveway entrance and some sidewalk installation on the newly created Lot 2. Because there are some improvements on Lot 2, staff is recommending that any release be specific that the original developer is not released from completing those improvements. As a practical matter, those improvements appear to be complete or nearly complete and it is primarily inspection and acceptance of the improvements that remains to be completed. Finally, there is a provision in the Development Agreement pertaining to the potential for this intersection to become a high traffic crash area requiring alteration within the next three (3) years. This provision would not change by the release as to Lot 2 and would continue in effect for the main Kwik Trip parcel, Lot 1, FISCAL IMPACT There is no anticipated fiscal impact. RECOMMENDATION Staff has not identified any major areas of concern pertaining to a Release from the Development Agreement and License provisions for Lot 2. Staff does recommend that the Release include a Consent to Release from the original Developer, Convenience Store Investments, and that the Release include language making it clear that the Release only releases Lot 2 from the requirements of the Agreement and that the original developer, Convenience Store Investments, is not released from its obligations under the Development Agreement and the License, including those obligations to complete the driveway and sidewalk improvements as shown on their original plans that are now located on Lot 2. With these conditions, staff recommends approval of the request. Resp ctfully Submit d, Approved: e - . -- n . Lorens Mark A. Rohloff City ttorney City Manager