HomeMy WebLinkAboutRevocable Encroachment, 421 N. Main & Oshkosh �I
8284383
Encroachment Agreement Tx:4205487
1715098
Document Number
REGISTER'S OFFICE
WINNEBA►G0 COUNTY, WI
RECORDED ON
06/13/2016 B:12 AM
CHRISTOPHER LARSON
DEPUTY REGISTER OF DEEDS
RECORDING FEE 30.00
PAGES, 12.
Recordin Aren
Nnine and Return Address
City Attorney's Office
Po Bos 1130
Oshkosh,WI 54903-1130
90700080000
Parcel Identification Number
CITY OF OSHKOSH
AND
PROPERTY OWNER
This document drafted by:
David J. Praska,Assistant City Attorney
City of Oshkosh, Wisconsin
V
illfav 23, 2016 i
i
REVOCABLE ENCROACHMENT"A GREEMEN7'
This agreement is between the City of Oshkosh ("City"), and 421 North Main Street,
LLC ("Owner"). The parties enter Into this Agreement for $1.00 and other good and
valuable consideration, the receipt of which is acknowledged.
The Owner is the fee owner of the property commonly known as 421 North Main
Street ("Property"), and with a summary description as follows:
Lot Two (2) of Block Forty-four (44) in the Seventh Ward, City of
Oshkosh, Winnebago County, Wisconsin, per Leach's Map of 1894.
The North Ten (10)feet of Lot Nine(9) in Cottrill's Subdivision of Lot 1,
of Block 44, in the Seventh Ward, City of Oshkosh,Winnebago County,
Wisconsin, per Leach's Map of 1894. The North Six (6) inches of that
part of an alley lying South of and adjacent to Lot 2 of Block 44, in the
Seventh Ward, City of Oshkosh, Winnebago County, Wisconsin, per
Leach's Map of 1894 and between the West line of Lot 8 and the East
line of Lot 9 In Cottrill's Subdivision of Lot 1 of Block 44, in the Seventh
Ward, City of Oshkosh, per Leach's Map of 1894.
Adjoining the Property along its East boundary is a public right-of-way used for
various public utilities, public sidewalks, and a public vehicular way commonly known as
Main Street, The City currently owns and/or is responsible for maintenance of the right of
way for this section of Main Street and therefore has the authority to enter into this
Agreement.
No structure or object, including the proposed Projecting Sign and Awning, is
allowed to encroach into any public right-of-way without the City's permission.
The Owner desires to erect a lighted sign and awning (Encroachment), to be
attached to the Owner's building on the Property and will extend over and into the right-of-
way. The Encroachment will extend no more than two feet nine and three-quarter Inches
(2' 9 3/") from the face of the building and will be sixteen feet ten inches (16' 10") wide.
The City has reviewed the Owner's request as described in this document, and will
allow the placement of the requested Encroachment subject to the terms and conditions
identified in this Agreement, Both parties agree that all of the City's terms and conditions In
this document are to be considered material. Specific terms and conditions of this
Agreement between City and Owner follow.
1. The City grants permission to the Owner to attach a lighted sign and awning to
the building on the Property. The Encroachment will be allowed to project into
the right-of-way of Main Street, provided that the Encroachment is materially
similar to the design and specifications submitted for the City's approval and
attached hereto-as Exhibit A.
2, The Owner shall ensure that any electrical components on the Encroachment
must include and exterior junction box or other feature which will allow the
disconnection of electrical service from the Encroachment in the event a full or
partial removal of the Encroachment is required as described in this Agreement,
May 23, 2016 2
3. The lowest element of the approved Encroachment shall extend above and have
a minimum sidewalk clearance of nine feet eight Inches (9'8").
4. The City's permission for this Encroachment is contingent upon the Initial, and
continuing, compliance with all applicable local, state, and federal codes and
rules. The Projecting Awning shall comply with City Ordinances, including but
not limited to requirements for permits, structures, signs, projecting signs,
Chapter 3037 and Chapter 30-27.
5, The Owner agrees that they are solely responsible for the installation and
maintenance of the Encroachment, and that they are solely responsible for any
and all personal or property damage caused by the Encroachment.
6. The Owner is solely responsible for securing, maintaining, repairing, and
replacing the Encroachment. The City's permission and approval of the
Encroachment is not meant to guaranty or warranty the short and long term
stability and safety of the Encroachment,
7. The Owner acknowledges and agrees that public utilities and facilities, and the
street and sidewalk, in the right-of-way are subject to maintenance, repair or
replacement,
a. In the event that maintenance, repair, or replacement of public utilities or
facilities in the right-of-way will need to occur, the City agrees to make
reasonable efforts to notify the Owner of these activities so that the
Owner may remove or otherwise protect the Encroachment, If affected.
b. if the Owner elects to remove or otherwise protect the Encroachment,
such actions must be taken within the timeframe for the City's anticipated
work.
C. The City shall not be responsible for any damage to the Encroachment,
or any structure or hardware to which the Encroachment is attached,
related to the City's actions in its right-of-way.
d. The City has no obligation, but shall be allowed to remove, at its sole
discretion, the Encroachment for the purpose of maintenance, repairs,
and replacement of utilities and facilities within the right-of-way.
e. The Owner shall be responsible for reinstalling/reattaching the
Encroachment regardless of who removed the Encroachment.
f. The City shall be reimbursed by the Owner for all costs and expenses
related to removing or protecting the Encroachment. The Owner gives
the City permission to enter, access, and alter the Owner's Property that
for the sole purpose of removing or protecting the Encroachment.
8. The City Is allowed to revoke its permission for the Encroachment for any of the
following reasons:
a. The City's use of the right-of-way prohibits the continued location of the
Encroachment,
b. The Encroachment interferes with or may potentially damage landscaping
and/or other strebtscape improvements,
blay 23, 2016 3
c. Local, state, or federal rules, laws, or guidelines relating to right-of-way
obstructions or the use of right-of-way, -or public sidewalk or street
clearances or distances, prohibit the continued location of the
Encroachment;
d. The Owner fails to property maintain, repair, or replace the
Encroachment;
e. The Owner falls to provide the City with annual written proof that the
Encroachment Is covered by the required Insurance.
9. The Owner releases the City of Oshkosh, Its employees, agents, elected
officials, and authorized volunteers from all debt, claims, demands, damages,
actions and causes of action whatsoever which may result from the
Encroachment. The Ownershall protect, hold harmless, and Indemnify the City
of Oshkosh against all actions, claims and demands of any kind or character
whatsoever which are related to the Encroachment.
10. Both parties understand and agree that accidents and incidents occurring on
City rights of way may result in lawsuits or threats of lawsuits against the City.
Therefore, the Owner agrees to indemnify and pay to the City all amounts that
the City may be required, obligated, or adjudged as responsible to pay, for any
dispute or action related to the Encroachment. This indemnification Is broad,
and shall include damages, attorney's fees and costs, and defense costs. The
payments required of the Owner by this paragraph are due no later than 30 days
after written request for such indemnification. The Owner agrees that this
paragraph shall be liberally construed in favor of the City of Oshkosh, in
consideration of the privileges granted by the-City under this Agreement.
11. At all times during which the Encroachment extends into the right-of-way, the
Owner's property liability insurance shall cover all potential liabilities related to
the Encroachment. The Owner's insurance shall provide reasonable coverage
for potential damages to persons and property caused wholly, or in part, by the
Encroachment. Minimum insurance coverage related to the Encroachment shall
be$500,000 for each occurrence for bodily injury and property damage liability
and $500,000 general aggregate. The Owner's insurance shall include the City
of Oshkosh as an additional insured on its policy for claims, liabilities, and
damages related to the Encroachment. The owner's insurance shall provide
primary coverage and that any Insurance or self insurance maintained by the
City of Oshkosh, its officers, council members, agents, employees or authorized
volunteers will not contribute to a loss. The Owner shall annually provide the
City with proof of insurance for the Encroachment.
12. The City's permission is personal to the Owner, is not intended to convey any
property rights or waive any governmental regulatory rights, and cannot be
transferred or assigned to any other person or entity, whether voluntarily or
involuntarily. The Owner's rights contained in this Agreement do not attach to
property and do not run with the land. Permission for the Encroachment is
revoked immediately and without notice as of the time that any person or entity
other than the Owner identified in this document becomes a fee owner,whether
in whole or in part, of the property at 421 North Main Street. Revocation of
permission for the Encroachment will also occur where the Owner forms a
different entity to own the Property in whole or in part of which they are the sole
or partial owner.
May 23, 2016 4
13; The Owner's responsibilities pursuant to this Agreement extend to other
persons, contractors, and agents performing work on Owner's behalf and related
to the Encroachment.
14. The Owner remains responsible for any actions taken by any tenant or property
of any tenant, or service provider that are related to this Agreement. The Owner
also remains responsible for all aspects related to the Encroachment regardless
of the terms of any separate private agreement it may have with any tenant or
other person regarding the Encroachment.
15, The Owner agrees to be bound by the terms of this Agreement regardless of the
existence of any other Agreements with the City related to the Encroachment.
16. This agreement is solely for the benefit of the parties to this Agreement, and it is
not intended to benefit any third party.
17. The election to enforce or not enforce any term of this Agreement, or any
statute, code, or rule, as well as the timing of such enforcement, shall be at the
City's sole discretion and shall not act as a waiver of any rights to exercise any
right relating to the Encroachment in the future.
18. This Agreement shall Incorporate all immunities and limitations provided to and
protecting municipalities within the Wisconsin Statutes, regardless of whether a
claim is based upon contract, tort, or other theory.
This agreement shall not run with the land, but may be recorded with the Register of
Deeds for notice purposes.
This agreement shall become effective upon the last date a party signs below.
[SIGNATURE PAGE FOLLOWS]
May 23, 2016 5
PROPERTY OWNER:
421 Noah Main Street, LLC
_
Megan H. Lang, Managing Metilber
STATE OF WISCONSIN )
) ss.
WINNEBAGO COUNTY )
Personally came before me thls l day of .201 the above-named MEGAN H,LANG,to
me known to be the person(s)who executed the foregoing==
ark ack owledged t e same.
Not ry Public,401 r4 r?�e-_ Co.,Wisconsin
My Commission:
CITY OF OSHKOSH
By: And:
Ma k A. Rohloff, City Manager Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
)ss'
WINNEBAGO COUNTY )
Personalty came before me this( day of ._)€ � , 2016, the above named MARK
A.
ROHLOFF,CITY MANAGER,AND PAMELA R, UBRIG,CITY CLERK,of the Clty of Oshkosh,a municipal corporation,
to me known to be the persons who executed the foregoing instrument, and to me known to be such officers of said
corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said
corporation, by Its authority.
Notary Public,Winnebago Co. WI .
My Commission expireslis: GS ZO
Alley 23, 2016 6
IMQ
engInaers
associates �3CfC: lift t3r l ,,
1934 Aroma Blvd. I Oshkosh,WI 54901
f'
i
-`11-
LU
it
`f2
Exhibit �alj�
y �- y QVIjya
A 7 .�, y3 �;• ..t;,..= 'ufi.:�3-°k. FL..e#j•` ,`� '�` yy; ;. � f.�_,}��.
•�y�;:�! qq �{4i�ti +n..i�,`.�"tid'-,'.`'h`L'e" _ „�' t, �y�v.�:f�.�j� •!�"S`• ���F�'�t ��.[`� A :i J'h� �`-���yt+�•� � i.�'"'..`�
:.•'3..s 33 L � .`:�e� "•'i`�,...}-. i ��-• zt- .t1 �. `-�� �", r'-L'tih ..,�' 1$shr �:y,��•, f k li i•
ti �. �.. f"• `t i` �� s�`'S J i, 'f}• ly1; .:•t,'C'3.11 r rr
y'�' ,;w',�} s zt�Ff!x �: -_<.. '`� ' •�s•'i:1.:> S o, fiY�„i�-� ��v � �� r 1 `�� � ._ .� ry�
t* -� .w itf •S '� v8 c _+� ! ,aN�•• E_.< .. 7 � •4�l y'••-.��A`2y
{.. t�. }i.',Sr���������"; N -}S..r` t E,i {�� � .'�71 •s�� I `Y•.�• �I '.t�r�`�,5���
i�' z+4 [. e • s+�c .�y__r{{fit�
{ •¢' } .ir'' - 1.i;j�•, +�:,�:>�iii?tea
".�,4'ii�' � ��.3:r�•S.,,tf �•�- Y��•� y �'� _��i(y., kit�. ��,�j�4+sr
s '
�S
• S
- u
Y' •Ic%
r•
i
l J's k�;'•3krsY�'"s 1•r•._%i�S.{�t}ti,,•,Se�.y�.l t,-{'•�ticr ���:a,.N•'':+ ' s.,
-� �t#s ir?�iia yy �. 1 1�r.:..-..u.r�'. +s'� Xi,+'. •1.
i is Ts r a�.4i..1.: !� l�e�`�,i� �Y`_i� 'ir• ii'j•iin:i:.,1 '•�i'.,�r; :-i •,c,;.
}}��``i44s ". �- Gr (( E�d•.i.tt}}N;;l•+�• �.:;.• 42-.L .�=.n6. ti: 1- a
t {t`r't H.t. i3�,t,[1.,�£ �t,.,,,b• I,y: ; ti=�;rt'�r%'•:Ft• �__s.-.��:�r LSA 4 e n g 1 n e e r s
! �,.�i �6�•f•!S�'S.;! E` tt�ti-.�:�'�},:-7•a:f�aF:iF;%j;r+3���'y'r ',L la op /•� y/�*per{ �r�1 M
:r, ' `` ;..'..t{�g�; %l l,; ,�..ti. •.;•. ;•�4y� •S,y 4�•t>tS4�'';:iY.k'. _ ','a.,f :.;.1".-�i�'4.ia. GGssop-IU. es sc
" �;S.j;Sf i�Y �;�s�,�]p ci.�? ;t�ijls:i;�:-.�'ti�•a's•.•,r�•E.t: ,,•i `�" S•`d--��Z.J:�
•5'! YF :� �F .,f, .` �,.:..5 Y lfli +• _ ''Y Fy.' .e.Y. l.'.•.Iy a 1 e Y i
7
Exhibit
.
r
r
sp
---------------------------------
�7 4
If
Wf
ry7 y i y , 11111111���nt
t 9—L .YI
FXh i hit �ivF
.� o.� S=j�F93:.,f c +!r trR 'y!• Q!+'R�:S^-;+'. •ad 4._s.� �a., aa.,,.y.
�
.•+IL �.i! . Sl E�-"v! � l!fi.f�• y �t"" tii �'S51•..1.'�� Vr ti, . -J..•::...is .>.' _{f;';fes.fr{'';:�'•`:�� � r.•�''1,�° � �1... •- -- � �•i�i,�•r.,rf•�•,..-,. .,. , ,f '.��li v.,`.'.;�}•L!r i:r:
r r
wt Ci q •.i...: r
P u� v
Exhibit q .,�
'1
; ! xv
Z � " fs rs 0as l
i
. s
jf
_ !� 3 S
I
F.'3.�f 5 ff 1. d � jj
V. F1.j' ;
d
C
i
'. F E �{ �I
..s z 7 . J
H l 3 ;
1 Via''' f $ 1
u .
2. t A ? {
1.
r T
t r_.
fi
7 t L r s
r _
i
�J. '� . .
f " •
E 5 �
f �_ � '
��r � ' � _ I
z:4 5
Y
_ r h `, vizu _ i _ r 3 '}
f - :�� a3 �j�?�Wi,,..vy � -t
s - -3z 5 "�?5 t., $iY f
1 } , s y s y
/ -,. }-
fI. if u. ll ] a t `s` - �. 3� : >
`a t f s� } F F- s �r }, rte_ { r -fes { ✓' r ; {
+'
1 F
f +
i - - �.. ¢ -y � a
f�z>E r i a .-. -I 5 1 z i t x.q
F � �'F } - f T'F L }:: F 4 re
x
f :.:; ,�/t `� - � i -•Yi `Fri ;# -fs $>:t x3'r�E,r 4.-x - # s'-_
.�) ,� zd �5 � �4 g t tgti�,} Jxn Sx' y
7! `- a � (
t - ; j- s- _ .v s.f ;
t S "�
-' `
•
::
in Street
_>
`<'�
3 I
_ _* Y I 21 • + -
rth Main
w � . .
�' t 5
} -y fy -
1 S # �f' 11
a 4 f • PER LEACHS
■ OF 1894 .
K. V ME= I
HIRE I Ill
^;# 1
W'1+ '1 i 4 * i
S : 1
ACORO' BLACK-7 OP ID:BZ
`...� CERTIFICATE OF LIABILITY INSURANCE05127/2016
DATE(UMMONYYY)
THIS CERTIFICAI't: IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EFICATE HOLDER. THISXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED,the policylles)must be endorsed. If SUBROGATION IS WANED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A Statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemen s.
PRODUCER
Thomas Insurance Group N Na EDT Thomas J.Pti eter CPC�1
303 Pearl Avenue 92023684
PO Box 3387 :920-236-6461
NC No;920.235.3188
Oshkosh,WI 649D3-3387 ADDRESS:!pupot$rAthomasinsurainnatairniI ,com
Thomas J.Pupeter,CPCU INSUR $ AFFOROINO OVERAGE
HA1C■
INSURED 421 North Main Street, LLCEE
INSURER A.-General Casua! Cam an 24414
P.O.Box 1099 INSURERS:
Oshkosh,Wl 64903 INSURER C
INSURER D
INSURER E s
COVE:RAGE8INSURE F t
CERTIFICATE NUMBER., REVISION NUMBER:
THIS IS TO CERTIFY THAT THE:POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR TYPEOPINSURANCff
OLEC HUMBER
GENERAL IrABIL1TY M DD M LIMITS
A X COMMERCIALOENERALLIASILITY X CF80994495 ffACHOCCURRE�NCE S 2,000,00
77/01/2016 11/01/2016 E ES o1717—
re, s 100,00
! CLAIMS A1ApE �OCCUR MED EXP An O&M5,00
PERSONAL d ADV INJURY S 2,()10.00
GENERALAGOREOATE S 4,000,00
GENL AGGREGATE MIT APPLIES PER
POLICYEl 4 P 0. LOC PRODUCTS•COMPIOP AGO S 4,000,00
AUTOMOBILE UABfUTY S
COM81 Eq ! LE I
ANYpAUTO EaS I
All IED SCHEDULED BODILY INJURY(Per peraan) S
NON•OWNEO BODILY INJURY(per atadenl) S
AUTOS
HIRffDAU70S AUTOS PROP £NT QE S
UMBRELLALIAa OCCUR £ 3
EXCESS L[A8 CWhiS.MApE EACH OCCURRENCE _
3
DED RFTFNTInN S AGGREGATE
WORKERS COMPENSATION S
AND EMPLOYERS'LIABILITY Y CATV. QTH.
OFFtCERRNEM8EEAXCCLUDERa7?(ECUTNE Yin NIA E-L.EACHACCEOENT S
(Mandalary In NH} E.L.DISEASE•EA EMPLOYEE $
Ifyof.describe sreldar
DESCRIPTION OF PERATiO4S baler
jE.L DISEASE•POLICY LIAiIT $
1
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IAltach ACORD 101,AddlUonal Remnsa Module,If more apace Is ragsdred)
CITY OF OSHKOSH IS LISTED AS AN ADDITIONAL INSURED. THIS INSURANCE IS
PRIMARY AND ANY INSURANCE OR SELF INSURANCE OF THE CITY OF OSHKOSH, ITS
OFFICIERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES OR AUTHORIZED VOLUNTEERS WILL
HOT CONTRIBUTE TO A LOSS.
CERTIFICATE HOLDER CANCELLATION
CITYOSH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Oshkosh THE EXPIRATION DATE: THEREOF, NOTICE WILL BE DELIVERED IN
213 Church Avenue ACCORDANCE WITH THE PD PROVISIONS
Oshkosh,WI 54901 .110
AUTHORIZED R£PRffSEom
Tho
•
m 1886.2010 ACORD CORPORATION. All rlghts reservod.
ACORD 26(201 010S) The ACORD name and logo ane registered marks of ACORD