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Home My WebLink About32350 / 83-18.� , April 7, 1983 /i18 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AGREEMENT BETWEEN CITY OF OSHKOSH AND PARK PLAZA OF OSHKOSH, INC. INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: APPROVED 7-0 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 agreement with Park Plaza of Oshkosh, Inc., for air rights and sur- face easement for the construction of a parking structure. SUBMITTED BY APPROVED -45- 0 Agreement made this AGREEMENT day of RESOLUTION # 18 1983, between the CITY OF OSHKOSH, a Municipal Corporation, �hereinafter called "City") and PARK PLAZA OF OSHKOSH, INC. ihereinafter called "Plaza"). WITNESSETH: WHEREAS, City desires to construct, operate and maintain a parking ramp above a portion of Plaza'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 air space above That part o£ the First Ward, City of Oshkosh, Winnebago County, Wisconsin, which is bounded and described as follows: Commencing at the N.E. corner of Lot 1 in Moore's Subdivision, thence North 89° 17' 14" West along the existing South line of Marion Street 195.00 feet to a point, thence North 00° 26' 46" East 16.71 feet to the point of beginning, thence North 89° 37' 49" West along the South face of an existing concrete park- ing ramp wall 239.75 feet to a point, thence South 00° 22' 11" West at a right angle to said wall 96.00 feet to a point on a concrete bulkhead, thence South 70° 00' 42" East along said bulkhead 243.17 feet to a point, thence North 06° 56' 46" East 92.35 feet to a point, thence North 00° 26' 46" East 85.90 feet to the point of beginning. Said parcel contains approximately 0:752 acres. to the extent designated on the Plat of Survey hereto attached, with right to use air space and build therein a parking ramp, with the right of support for the structure (as more garticularly defined in paragraph 2 hereofi so e�ected provide3 that said structure shali be at and above a horizontal plane at elevation 762.0 feet above Mean Sea Level and a vertical height from said horizontal plane not to exceed 23.0 £eet at its highest point. The maximum established grade of the now existing parking 1ot lying beneath the structure is 751.0 feet above Mean Sea Level. -46- � ��.. RESOLUTION � 18 2. .Surface Easement. A. Plaza 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 parking 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 shall be located as provided on the attached Exhibit A. 3. Construction. Plaza 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 at 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 traffic. City shall upon the completion of said parking ramp restore the surface of the land to as good a condition as now existing. City shall, at its expense, remove existing lighting fixtures and poles from said property and replace said lighting adequate for surface parking upon the completion of construction. Lightinq shall be deemed "adequate" for the purpose of this paragraph if it is at least - �7 - � RESOLUTION # 18 the same in number and type of fixtures as is currently existing over the above described property. 4. Plaza Ramp. A. Plaza grants to City a right-of-way 40 feet in width, 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. In connection herewith it is the intent of the parties that ingress and egress to said parking ramp shall be provided by the ramp now existing on the property described in paragraph 4 A. C. The City shall be responsible for all snow and ice removal from said ramp together with the cost thereof. D. Two-thirds of the costs of necessary maintenance and repair of the ramp shall be borne by the City and one-third by Plaza provided however that any direct damage caused by either party shall be repaired at that party's expense. E. It is understood by the parties that the Plaza has notified City that the present surface of said ramp may be unsafe for egress of vehicular traf£ic. City shall be responsible at its expense for resur- facing or recoating said ramp if the City in its judgment feels that said ramp is unsafe for the egress o£ vehicular traPfic. F. City shall move and relocate the sign presently existing at the base of the 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 £ollowing described property: 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 - 48 - RESOLUTION # 18 as possible with the portion of the Plaza occupied presently by the H.C. Prange Company store and that the structure shall bear or contain no signs except traffic directional signs of the type used on and around public parking structures. City, shall 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. Operation and Maintenance_ City covenants that it shall at all times hereafter, operate and maintain the property as a public parking structure 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. 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 pick one arbitrator and if they fail to reach an agreement they shall between them pick a third whose decision shall be final. 9. Parties Bound. This agreement shall be binding on the parties hereto, their successors and assigns. The convenants contained herein shall be deemed to run with the land and insofar as they are running in favor of Plaza, they shall be deemed an appurtenance to the real estate presently owned by Plaza lying immediately underneath the property hereby conveyed and abutting it on the North and West. This agreement can be amended or revoked only by an instrument in writing executed by Park Plaza of Oshkosh, Inc., its successors or assigns as owner o£ the abutting and underlying property, and the City of Oshkosh, its successors and assigns as owner of the property hereby conveyed, which instrument shall be effective upon recording in the Office of the Register of Deeds, Winnebago County, Wisconsin. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 49 -__ _ RESOLUTION # 18 PARK PLAZA OE OSHKOSH, INC. 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