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Home My WebLink About32466 / 83-11June 2, 1983 (CARRIED �q:11�b9�7 INITIATED BY: LO$T LAID OVER APPROVE AIR RIGHTS AGREEMENT CITY ADMINISTRATION ( # 11 RESOLUTION WITHDRAWN ) BE IT RESOLVED by the Common Council of the City of Oshkosh, that the proper City officials are hereby authorized and directed to enter into the attached amended Air Rights Agreement with Park Plaza of Oshkosh, Inc. -22- SUD�tITTr^D Isi A?PRO"�^, RESOLUTIOYd �kll AGREEMENT Agreement made this 19th day of May, 1983, between the CITY OF OSHROSH, a Municipal Corporation (hereinafter called "City"), and PARK PLAZA OF OSHKOSH, IVC. (hereinafter called "Plaza"). k'ITNESSETH : S•?HEREAS, City desires to construct, operate and maintatn a parking ramp above a pottion o£ P1aza's existing property; and WHEREAS, Plaza has offered City the air rights above a portion of Plaza's property and the use of its existing ramp for ingress and egress to said ramp, NOW, THEREFORE, IT IS AGREED: 1, Property. Plaza hereby conveys to City cerCain air space, solely £or the pLrposes hereinafter designated above That part of the First Ward, City of Oshkosh, Winnebago County, Wisconsin, which is bounded and described as follows: Commencing at Che NE corner of Lot 1 in Moore's Subdivision, thence north i?9°17'14" west along the er.isting south line of Marion Street 195.00 feet to a point, thence north 00°26'46" east 16.71 feet Co the point of beginning, thence north 89°37'49" west along the south face of an existin� concrete parking Yamp wall 239.75 feet to a point, thence south 00 22'll" west at a right angle to said wall, 68.00 feet, thence r. 89°37'49" W., 18.75 feet, thence S 00°22'11" W. 18.00 feet, thence S. 89°37'49" E. 14.75 feet, Ch�nce S. 00°22'll" W. 8.57 feet to a point on a concrete bulkhead> thence S. 7�°00'42" E. along said bulkhead 247.42 feeC, thence NorCh 06°56'46" east 92.35 feet to a point, thence North 00°26`45" east 85.90 feet to the point of beginning. Said parcel contains approximately 0.761 acres. *_o ti:e exte�t ctesignated on the Pla* o= Survey hereto attached, solely for the purpose of using such air space and building therein a parking Yamp, wlth the right of support for the structure (as more particularly defined in paragraph 2 hereof) so erected provided Chat said structure sha11 be at and above a horizontal plane at elevation 761.0 feet above Mean Sea Level and a vertical height from said horizontal plane not to exceed 34.0 feet at ite highest , point. The maximum established grade of the now exisCing parking lot lying beneath the structure is 751.7 feet above Mean Sea Level. — 2. Surface Easement. -23- , RESOLiJrION �kll A, Pla2a hereby grants to City the right: 1. To erect columns, and necessary footings for the support of said parking ramp, said columns to extend vertically to and below the now existing surface of the above described property. 2. To erect an elevator to service the said park3ng ramp which elevator shall extend vertically to and below the now existing surface of the above described property. 3. To erect stairwells and an equipment room and the footings necessary for their support which footings will extend below the surface of the above described property. 4. To the use of the water drainage facilities existing or contemplated for the surface of the property said usage to be provided by a vertical shaft from said parking ramp to said water drainage facility. B. The columns, elevator, stairwells, equipment room, and drain pipe sha11 be located as provided on the attached Exhibit A, except wherein a sodification 3n placement may be necessary to avoid underground obstructions now existing and unknown to the part�_es. 3. Construction. P1aza hereby grants to City the right to enter upon the above described property and therein have exclusive use from the date of the start of construction of said parking ramp to the date of its completion provided, however, that aC all times the drive now existing along the Northerly 16.71 feet of the property be free of obstruction so as to allow the ingress and egress of vehicular traific. City shall, upon the completion of said parking iamp, restore the surface of the land to as good a condition as ^.ow e;:istz.^.?. City shall, at its expense, remove existing lighting fixtures and poles from said properYy and replace said lighting adequate for surface parking upon the completion of construction. Lighting shall be deemed "ade— quate" for the purpose of this paragraph if iC is at least the same in number and type of fixtures as is currently existing over the above described property. 4. Plaza Ramp. - 24 - RESOLUTIOid �kll A. P1aza grants to City a right-of-way 40 feet in width, solely for the purposes hereinafter designated, on the following described real estate: That 40 feet lying adjacent to and parallel to the Northerly boundary of the property described in Paragraph 1 hereof. B. Such right-of-way shall be used solely £or the purpose of providing ingress and egress to the parking ramp specified in Paragraph 1 above. Such ingress and egress sha11 be provided by the rar�p now existing on the property described in paragraph 4A. C. The City shall be responsible for all snoc� and ice removal from said access ramp together with the cost thereof commencing October 1, 1984. A. The costs of necessary maintenance and repairs of the access ramp, including any necessary resurfacing or recoating of such access ramp f.or safety purposes, shall be borne by the City. E, City agrees to indemnify and hold harmless Plaza from and against all claims, suits> damages, costs, losses and expenses, in manner resulting from the use, maintenance and repair, of said access ramp. F. City sha11 move and relocate the sign presently existing at the base o_° the access ramp at its sole expense. 5. Storm Sewer. Plaza hereby grants to City an easement to construct and maintain a storm sewer over and through the following described property: A twenty (20) foot wide strip of land in the First Ward, City of Oshkosh, Winnebago County, Wisconsin, whose centerline is described as follows: Cor�mencing at the NE corner of Lot 1 in Moore's Subdivision, thence N. 89�25'39" W. along the existing south line of Ceape Avenue (formerly M2rion Street) 194.48 feet to a point: thence S. 00°26'46" W. ll.0 feet to the point of beginning, thence N. 89°33'l0" w. 30.00 feet, thence S. 00°26'46" GI. to the nurtherly harbor line of Fox River. 6. Design, City agrees that the facade of the parking structure shall contain the same colors and materials so as to render it as identical as possible with the portion of the Plaza occupied presently by the H,C. Prange Compan}� s*_o_*e and that the structure shall bear or contain no signs except -25- RESOLUiZON �kll traffic directional signs of the type used on and around public parking structures. City sha11 obtain the approval of Plaza for the design of the parking structure prior to the commencement of construction and prior to any subsequent alterations or reconstructions of the structure. 7. ODeration and Maintenance. City covenants that it shall at all times hereafter, operate and maintain the property as a public parking struc- ture either as outright owner of the air space hereby conveyed, or as an occupier of the air space with an indefeasible right to operate and maintain the parking structure for public use. For purposes of this agreement, public use includes and is r.ot limited to use by patrons, tenants, employees and other persons using or visiting the Park Plaza Shopping Center. 8. Arbitration. Should the City and Plaza be unable to agree as to the rights and responsibilities hereunder, such disagreement shall be arbitrated. Each party shall picic one arbitrator and if they fail to reach an agreement, they shall between them nick a third whose decision sha11 be final. 9. Parties Bound. This agreement shall be binding on the parties hereto, their successors and assigns. The covenants contained herein shall be deemed to run with the land and insofar as they are running in favor of Plaza, they shall be dee�ed an appurtenance to the real estate presently owned by ?laza lying immediate'_y underneath the property hereby conveyed and abutting it on the North and :±est. This agreement can be amended or revoked only by an instrument in writing executed by Park Plaza of Oshkosh, Inc., its succea- sors or assigns as owner of the abutting and underlying property, and the City of Oshkosh, its successors and assigns as owner of the property hereby con- veyed, which instrument shall be effective upon recording in the Office of the Register of Deeds, Winnebago County, Wisconsin. I6' WITNESS WAEREOF, the parties have hereunto set their hands and seals tiie �'ay ar,d ye2r first above writ�en. PARK PLAZA OF OSHKOSH � ' e � �� Attest: ' � ,� i � . �,' ��,�C/� �( ��,+,�.� _ CITY OF OSHKOSH Attest: -„26 - J � � �� C] � N ��1 !� � � (\ � \ \ w A � �' � �� rt r• � O � � � � •• rt � O � � V � v � � rt W � m m � V �r A 1` t� R%. � W � 1-' r