HomeMy WebLinkAbout32235 / 83-22.-
January 6, 1983
i � RESOLUTION
PURPOSE: AGREEbIENT WITH E. WALTER GEHRKE AND MARLENE M. GEHRKE
INITIATED BY: CITY ADMINZSTRATION
BE IT RESOLVED by the Co�on Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to enter into the
attached Agreement with E. Walter Gehrke and Marlene M. Gehrke regarding
t:e pc:cha�e of p:cperty.
BE IT FURTHER RESOLVED that money for this purpose is hereby appro-
priated from Account No. 331-104, Oshkosh Centre Redevelopment.
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SUBMITTED BY
APPROVED
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AGREEMEVT
Agreeme�t made this _ day of Decembzr, 1982, by
E. WALTER GEHRKE and MARLENE M. GEHRKE (hereinafter calle'�.' Sellers)
and the CITY OF OSHKOSH, a Municipal C�rporation (hereinafter called
Buyei) ior and i❑ consideration of the mutual covenants c�ntained
hzcein.
1. Buyer will pay Sellers the amount of 520,500.00 as
just and total compensation for any and all claims Sellers may have
pursuant to Chapter 32 of the Wisconsin Statutes. Sellers ex-
pressly waive and forever release Buyer from any claims Sellers
may have pursuant to the condemnation by the Huyer of the property
knovn as 3 North Main Strzet, Oshkosh, Wisconsin.
2. Buyer shall sell the buildinq presently located at
to Sellers
3 North Main Street, Oshk�sh, Wisconsin,/E�c 51.00 and other good
and valvable consideraYion, provide3 that Sellat shall remove said
building from the site, at Sellers expense, on or before May 1, 1983.
Time is herein made expressly of the essence and Eailure by the
Sellers to remove the said building cn or before May 1,. 1983 shall
relieve the Buyer from campliance and any obl.ig�tion vith this
Paragraph 2 and shall further render this Faragraph 2 null and void.
3. The Buyaz shall at its zxpensa, move or adjust thcse
signs acd abstcuctions it awns �n Main StLeet to all�w the building
referred to in Paragraph 2 hereoE to ba mo�ed along Main Street
frcm its present site to liG4 Ncrth Main St:=et, Osh'.tosh� '+lisconsin
Sellers shall, at their expens=_, move any and a?1 other obstructicns.
Sallers shall comply with all State, County and City laws and
ordinances in Sel].ers removal, move and erection of said building.
4. This agreement is contingent upon the approval of
the �shkosh Common Council and if such approval is not obtained,
this Agreement shall become null and v�id.
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5. This agrzement and rights and duties her2under are
not assignable without the expr=s� written consent of the Buyer.
6. Sellers shall hold Buyer harmless from and against '
any and all claims, act:i.ons, damages, liability and expense in
connection with loss of life, personal injury or damagzs to prop_rty
arising from or ouY of any occurrence reasonably related to the
removal, move and erection of the building now located at 3 North
Main Street, Oshkosh, Wisconsin, to its new location_
7. In further consideration hereof the Buyer and Sellers
each agree that they will not appeal the decision of the Winnebago
County Condemnation Commissioners rendered on November 3, 1982.
IN WITNESS WHEREOF, the parties have hereunto set thei=
hands and seals the day and year first above written_
C C//,�.%'��. /-�iC l�1/)_�<'_ (SEAL)
/ E. walter Gehrke
/�'' �l� C-`:!,' <c-Lf�C—� (SEAI,)
Marlene M�. Gehrke
CITY OF OSHKOSH
By (SEAL)
William� D. Fzueh
Attest:
City Clerk
AL)
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