The URL can be used to link to this page

Home My WebLink About34069 / 86-254August 21, 1986 (CARRIED PURPOSE: INITIATED BY LOST �I254 RESOLUTION LAID OVER WITHDRAWN ) APPROVE PENNEY'S SUBLEASE CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Sublease with J. C. Penney Company, Inc. for Parking Premises is hereby approved. .� ii � • °:i �s / - 15 - .:�it`;�' _'"}i;.j U�! "'""......_.�.....,_......-- ---- � �� pppROVED _____._..— . . .. . I RESOLUTION #254 Store tl2161 Oshkash, Wlsconsin 5 U B'L E A S E Sublease dated as oP August 18, 1986, by and between J. C. PENNEY COt�PANY, INC., a �elaware corporation� with oPfices at 1301 Averwe oP the Wnericas, New York, New York 10019, hereinafter called the "Landlord", and the CITY OF OSfiKOSH, a Wisconsin municipal corporation, having an address at City Hall, 215 Church Avenue, P. 0. 9px 1130, Oshkosh, Wisconsin 54902, hereinafter called the "Tenant". W ITNESSETH: That . wHEREAS, by Indenture oP Lease dated as of llpril D, 1983, as amended by Fgreements dated as of Jarwary 1, 1985 and February 1, 1986 (the "Lease"), a Memorandum oP Lease having been recorded in the OfPice oP the ' Recorder, Winrebago County, Wisconsin on December 6, 1983 as Document 11602431, Park Plaza oP Oshkosh, Inc. demised and leased unto Lardlord � certain premises in the Park Plaza SMpping Center located 1n the City of � � Oshkosh, County oP Winnebago and State oP Wisconsin (the "[lemised . Premises"), more particularly described therein, for a term commencing ' . October 24, 1984 and continuing thereaPter to and ircluding Jarwary 31, 1996, unless sooner terminated or extended as provided therein; arxl � wHEREAS, landlord is agreeable to subleasing to Tenant that portion of the Demised Premises outlined in red on Exhibit R hereto a�d consisting of a paved area having twelve parking spaces, together with the sidewalks adjacent thereto (the "Parking Premises"). NOW THEfiEFORE, the parties hereto, in consideration of the leasing by Lantllord [o Tenant and the taking by Tenant Prom Landlord oP the Parking Premises, and in further consideration of the obligations of each party to tne o[her hereGy undertaken; mrtiially rover�nt and agree as Pellovc; � - 15a - -1- � ; : � . � •� RESOLUTION #254 1. Lantllord hereby leases and demises to Tenant, and Tenant takes from Landlord, the premises in the City of Oshkosh, County oP Winnebago and State oP Wisconsin, described hereinabove as the Parking Prenises, toge[her with any and all easements, licenses, privileges, rights of ingress ard egress aM all other appurtenances appertaining to said premises to be used Por a parking lot. 2. The term of this Lease shall be for tNO (2) years, from � September 1, 1986 until Nugust 31, 1988, and shall continue thereaPter at two year increments of tenarcy until terminated as Pollows: ePfective at , the end of the first two year term or any su65equent two year Lerm by � � giving prior written notice of its intention so to terminate. Notice � shall be in writing and shall be served on the other party at least six � months prior to the expiration of the first two year term or six mwiths prior to any subsequent two year term. 3. Tenant agrees that Tenant will, at Tenant's sole expense, make all repairs and provide all maintenance to or upon the Parking Przmises which become recessary during Tenant's occupancy of said pranise5, which repairs shall include, but not limited to, reYair and repaving of asphalt when necessary, sweeping, plowing or rertaval of snow, maintenance and repair oP sidewalks, aM any other repairs or maintenance required, from time to time. 7enant also agrees that it will keep the Parking Premises in a clean condition� according to local ordinances and the direction Of the proper public oPficers, during the term hereoP. Upm Ce:mination of this Lease, the Parking Premises shall be returned to Landlord in a cordition satisPactory to LarxJlord. 4. Tenant shall pay for any and all utilities used by it upon the Parking PTemises. 5. Tenant covenants and agrees that it will protect and save and keep landlord Porever haxmless and SndemniPied against and from�any and all penalties or charges imposed for violatim oP any laws or ordinarces, and that Tenant will at all times protect, irdeimify, save and keep harmless Landlord against and from any and all alleged or actual losses, costs, claims, damages or expenses, resulting or arising out oP or from any acciden[ or other occurrence on or about the Parking Premises causing injury to any person or property, whansoever or whatscever. 6. Tenant shall obtain and maintain during the term hereof or any renewal hereof, Public �iability Insurarce with 1Lnits oP not less than $1,000,000.00 per xcurrerxe in respect to bodily injury or death and Property Damage Insurance with limits of not less than $100,000.00 per ocr_urrence i.n re=_pect to ;mner*_y ��mage, contain3r.g provis?ons satisfactory to Landlord and adequate�to pmtect Landlord as well as '2' - 15b - , � � . , .�' � � �; , ;i RESOLUTION #254 Tenant fran any and all claims Por death of, or injury to, person or damage to, or loss of� property which may arise out oP the use and occupancy of the premises herein demised. N11 such policies shall name l.andlord as an additional insured and shall pmvide that coveraqe thereunder shall not be teiminated without at least ten (10) days prior written notice to Landlord. The furnishing oP a certificate to Landlord evidencing the Poregoing insurance shall be deaned to be compliance with this Article 6. 7. It is mutually understood by and between the parties hereto � that all oP the covenants and obligations oP Tenant hereunder are in lieu , of any formal rental payment to be made by Tenant to �andlord, i[ being � the intention oP the parties that landlord shall have no operatirg or � maintenarce cos[s in connection with the Parking Premises during the tezm � of this Sublease. 8. Notwithstanding anything hereinto the contrary, LaMlord shall have the right and option of teanif�ating this Sublease at any time by giving Tenant notice oP its election so to do at least three (3) mmths in advance of the teimination date speciPied in such notice. � � , 9. Subject to the provisions of the Lease, including an -. , . earlier terniination oP the sartie either pursuant to the provisions thereof � � ar pursuant to an agreement between Landlord and Park Plaza of Oshkosh, .. . Inc., Landlord covenants that Tenant, on perPoiming Tenant's covenants as aforesaid, shall and may peaceably and quietly have, hold and enjoy the �.. � Parking Pranises Por the term aPoresaid. �" �, �.��a,;{: �f;', �,.. � sr .,, 10. N11 notices pmvided Por herein shall be in writirg and shall be sent by registered or certified mail, postage prepaid, return . receipt requeste0 and if given by Tenant to LaMlord shall be addressed to: Tenant at 650 Woodfield, Schaumburg, Illinois 60173-5073, marked Por � the attention of "Tenant's fteal Estate Counsel" with a duplicate copy to � Tenant at its address set Porth 1n the introductory paragraph oP this � Sublease, and iP given by Landlord to 7enant shall be addressed to: City of Oshkosh, Cith Hall, 215 Church {lvenue, P. 0. Box 1130, Oshkosh, , Wisconsin 54902, Ilttention: City Manager, William D. �rueh. � 11. The word "Tenant" whenever and whereever used herein, , althouyh expressed in singular nurtber shall, nevertheless, be taken to apply to the persons, one or more, male or fenale, and/or Piims or corporations, although plural in number, respectively, as the same may be � descrioed as "Tenant" herein and, all pmnouns used herein and rePerring to said "Tenant" shall be construed accordingly, regardless oP either . nunber or gender thereoP. 12. The provisions of this Sublease shall be binding upon and shall inure to the benePit of the parties hereto and their respective heirs, executors, administrators, successors and/or assigns. This Sublease covers in Pull each and every obligation of every kind or nature whatsoever Pran Tenant to Landlord and Prom Landlord to Tenant conceming the prenises hereby demised. -3- - 15c - ,. �� ; . r � . RESOLTUION #254 IIJ WITt�ESS WHEREOF, the parties hereto have hereunto set their hands affixed their seals, the day and year first above written, the corporate parties by their proper officers duly authorized hereunto. WITWESSED TO IXECUTION BY LNNDLORD: �0... �^:I�,_.�� .. i+.. �. ,�l Civr _nf'1n /1TTEST: �„o.� ,e ��- an � cr� WITfE55EU TO EXECUTION BY TENANT: I HEREBY CERTIFY THAT PROVISIONS ' HNVE BEEN MA�E TO PHY LIHBILITY � THNT WIIL ACCftUE TO THE CITY OF OSHKOSH, WISCONSIN UNDER THE WITHIN CONTRACT. EUWFRD A. NOKES, inarce rec or HPPROVED NS TO FORM: piN W. PENCE, City Nttomey - 15d - . -4- J. C. PENNEY COhPANV� INC. s eg o ice i en �^rxm�n A�TO EY CITY OF OSHKOSH By IAM D. FW1EH City Manage By DON City Clexk � � �.,._ �� . , � � � k � i I I 0 RESOLUTION #254 $TATE OF ) COI IN7Y OP J st: On ihis tlie day o( � , 19 , beforc me, a No[ary Public duly authorized in and fw the said County in the State aforcsaid to [ake acknowledg• ments, personally appeared known to me to be the person(s) whou namc(s) (is) (are) subscribed to [he foregoing instrument and acknowledged havin� executed the same u a fret and volunhry act (or the purposes thuein contained. IN W�7NESS WHeReos, I hereunto ut my hand and o(ficial xal. l7y Commission Expires: .................................. Notary Public >'9Tc :k ILLINUIS ) )55.: : �„�7Y JF COOK: ) On tnis tne N{�, day of _�� 198�; bePore me, a Notary ?��lic tluly autnor�ln and for sa County in tre Sta[e aforesaid c� take ac owledgrt�nts, personally appeared a..��,,� cny�,,,� ,to me krom and known to me to be a.�z�ional VicA Presided�t of'J. C. PEDNEY COpPANY� INC.� one oP the c�raorations describe0 in the Poregoing instrument, an0 acknowledged that as sucn offic?r, being authortzed so to do, he executed tne foregotng !-�strument on Uenalf oP said corporation by subscrloing tne name of said _�rporation by himself as such oPficer and caused the corporate seal of s�i�7 corpuration to ne affixed thereto, as his free and voluntary act, an:] as tne free and wluntary act of said cotpora[ion, for the uses and :�r�us_s tnerein set forth. I�i'dITNE55 WHEREOF, I hereunto set my hand and official seal. , >1�-C�nnission.Expires: ;. hy Ccrrissicn @:;::, s OcL ld, 1S8S ��.�� n �'!.P�; G � � iJO[ary Public - 15� - ' :�<�. � �'� ��,:.� ,., � . � •; _ T',ai�J' \. � RESOLUTION #254 EXIIIBIT A PLOT PLlW " • f� f i� f�� Y llttached to and forming part of Sublease dated as oP Hugust 16 1986, by antl between J. C. Penney Company� Inc.� Landlord� and the City o� Oshkish, 7enant, covering certain premises situated at the Park Plaza Shopping Center. Initialed Por Initialed for identification identiPication for Landlord: for Tenant: dY�BY Atto y - 15 f - . I � Plo t Pl«, �, RESOLUTION #254 __. _ -- — — --- --- _ 1 ' ___ -_ --GO�..c�.�tt'..:..�' . ; �e gV\LDIw.1U -" /,R.G�. Fo�C F11T11 oc<.+�aY _( 6J 1�-O � N!a 4�lA )� OT , p4Y�[.r _ ._ _'-/ \\`�� . -- :-, _ �,, ar cQ � '� � - e 5T�'—` LT �' ( � (/1 � __— �po�oc i _ � = %��, r � � � s I i 1. I - � � �� l � �` S� � °•�� i i' ,\' �� I � � � �� wwrlt6�b0 -��.�,�cosN. wr ' \ " \ �`I �l n ��.1-1-= -- q . � . �o3�"s °a'u. 'w�a ` � . l � 9 �° ,�, � .�---��— �� ..,�.,.,:,�'�:_, , . - � w c�;.�OP:v C� 52.5'- ' �_� ��: ,I�SO SQ.PT. � _ ia �r ... . . _ 1`i . � . • . • �r.. C � . — - �v.-rs • . - • - _ . � � I �' � � ♦ . . . - i.i�. ; . � • a• . Il�.9i� . • y • _ - 'o'^" " F ._.�,:-�' _ i ' R = -�: 1 . • -+ • '3 ' � , � � �..• . ' . � -Z-,— � � -t�. /��J�103.1(o S4 T� : ' � N�2Y �vcC�,r�_ - __ _1 _ "� .� t_�..:cc sa�. sr� d. i:, a�' �-- �r 7. l � � � � . � . . . . . � � `�'�` � _ • • • � i. . .. _:,�_ � . dv . � ._ - / ' 9.�:_ yy��_ " • • • �r 6 �19.RPa� '• • � �N � _.— g:is�, :3: ,e.ii5� � � / ,C .., r " ..o�_v.� r S ..� E ? - l — — �`�� •,`1 �G � .�F � u �� j � cucc -T��i�C � � ' .r�n „"� �i ,4��t3no �.4•.aT. �� :.,nm u �r�o�� CT� 1 � . . : �' � ... ' . �ow sC� o .r-- . . �. � : ��c 1- _.-�� _ _ _ ' ' ' R . G�..e�� w..+� t__.� .� . I- . � R....� � . � Q r �— � F �_.� . I . " y � ....� �-�� l� a� __i _ � � ` . � P � rw. c ' . • � r I � �'r_ . . � � ' -"____ � ... - rj. I . ..�. --.�—_�. _ y�� GeNT� / T'G]ct I � , -' .__. OC[�L ' � �—.t � __ I � �- ___ . _ r r.. __ - 159 - __... ' _ -- --'-� RESOLUTION #254 C 0 N 5 E N T The undersigned hereby approves of, and consents to, the aPOresaid Sublease dated as of Nugust 18, 1986, between J. C. Penney Canpany, Inc.� Landlord, and the City of Oshkosh, Wisconsin, Tenant. PHWC PU1ZR � OSHKOSH� INC. ey resi ent (COrporate Seal) FITTEST: Secretary STFTE OF SS.: COUNTY OF On this the day of , 19 , before me, a Notary R�blic duly authorized in and for the said County in the State aforesaid to , to be known and known to me to be Pcesident oP Park Plaza oP Oshkosh, Inc. one oP the corporations described in [he foregoing instrunent� antl acknowledged that as such officer, being authorized so to do, he executed the foregoing instrunent on eenalf of saiC corporation by subs.^.ribing the name of such corpo*atien by himself as such oPPicer and caused the corporate seal oP said corporation to be affixed thereto, as his Pree and voluntary act, and as the Piee an[1 voluntary act oP said corporation, for the �ses and purposes therein set for[h. IN WITFESS WHEAECF, I hereunto set my hand and ofPicial seal. My Comnission Expires: � o ary ic c� a C c-F � l� �G C N (7 c'F (D N Z � � � � •� n 3 ➢ O .T7 -i A � �-+ O m z o•• n n o -< o m v � � V V� ➢ C O Q � � � (D O a < �n ro N � v �• a � :-' � v � m 7 � � N �G � ..• n N O N 3 � � a 7 � � N N � N Ul A