2001-152RESOLUTION No. 2001-152
A Resolution Approving a Parking Lease and Riverwalk Agreement for
Property Owned by Terry Campbell, d/b/~ Campbell Properties
WHEREAS, the Terry Campbell, d/b/a Campbell Properties (hereinafter "Campbell") is the owner of a
0.16 acre parcel of land (hereinafter the "Property") located on the north side of Dodge St and behind
the former Woolworth's building in downtown Janesville; and,
WHEREAS, the City of Janesville has leased this Property since the mid-1950's for a public parking
lot and has constructed and used a public walkway attached to Mr. Campbell's building located at 15
W. Milwaukee St.; and,
WHEREAS, the City of Janesville and Campbell have negotiated a Parking Lease and Riverwalk
Agreement, a copy of which is attached hereto and incorporated herein as if fully set forth, and which
Agreement sets for the terms ora 20 year lease of the Property and ora perpetual easement for a
Riverwalk along Campbell's building at 15 W. Milwaukee St.; and,
WHEREAS, the Plan Commission of the City of Janesville has reviewed this proposed lease and
agreement on the 2nd day of April, 2001, finding the same consistent with City plans and for valid
public purposes, but not commenting on the financial aspects of the transaction; and
WHEREAS, Wisconsin Statutes, including but not limited to, Sections 62.22, and 62.23(17)(b)jointly
and severally provide for the lease of real property by the City from private persons for public
purposes, and,
WHEREAS, the Common Council of the City of Janesville does hereby find that the proposed Parking
Lease and Riverwalk Agreement is in the best interest of and to the benefit of the citizens of the
community and the City;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville that
they hereby approve and authorize the City to enter into the proposed Parking Lease and Riverwalk
Agreement with Terry Campbell, d/b/a Campbell Properties; and,
BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of
Janesville, is/are hereby authorized to close upon this transaction, to negotiate, draft, modify, review,
execute, enter into, record, and/or file any and all documents, papers, forms, and agreements, to take
whatever other actions, and to make whatever minor modifications and/or amendments to the Lease
and/or Agreement, such other writings and/or this transaction as the City Manager may, from time to
time and at any time, determine necessary and/or desirable to effectuate the intent of this Resolution
and this transaction.
Resolution 2001 - 152
Page 2
ADOPTED: April 9, 2001
APPROVED:
gWeeven E. Shelffer, City ~ager
ATTEST:
Je~Ann '~Vuff,'~it~ Clerk-Treasure~
APPROVED AS TO FORM:
City Attomey
Proposed by: City Manager
Prepared by: Economic Development Director
MOTION BY: Noll
SECOND BY: DeGarmo
COUNCILMEMSER AYE NAY PASS ABSENT
SCHNEIDER X
WILLIAMS X
NOLL X
BRIEN X
MURPHY x
O'LEARY X
DEGARMO X
\\COJ-S2\vend\Word~PropertyAcq\CampbellLeaseMMo.doc
PARKING LEASE AND RIVERWALK AGREEMENT
THIS AGREEMENT is made and entered into as of the 10~f~day of I~D(~ k ,2001, by and
between TERRY D. CAMPBELL, doing business as Campbell Properties '("CAMPBELL") and
the CITY OF JANESVILLE, a Wisconsin municipal corporation ("CITY").
WITNESSETH:
WHEREAS, CAMPBELL is the owner of certain real property legally described on EXHIBIT A
attached hereto and made a part hereof ("PROPERTY"); and
WHEREAS, the CITY has leased a portion of the PROPERTY for municipal parking lot since
August 11, 1952, said leased premises legally described on EXHIBIT B attached hereto and
made a part hereof ("LEASED PREMISES"); and
WHEREAS, the CITY has historically maintained a public walkway along the northeast property
line of the PROPERTY connecting W. Milwaukee Street to the Municipal Parking Plaza which
spans the Rock River, said walkway legally described on EXHIBIT C attached hereto and made
a part hereof ("WALKWAY"); and
WHEREAS, the WALKWAY is physically attached to, and cantilevers over the Rock River
fi:om CAMPBELL's building located on the PROPERTY; and
WHEREAS the signatories hereto desire to enter into certain covenants and agreements which
reaffirm the .CITY's lease of the LEASED PREMISES and the CITY's right to a public
WALKWAY attached to CAMPBELL's building on the PROPERTY;
NOW, THEREFORE, in consideration of the covenants contained herein and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto promise and agree as follows:
1. LEASED PREMISES. CAMPBELL (Lessor) shall continue to lease to the CITY
(Lessee) and the CITY may continue to use the LEASED PREMISES according to the terms and
conditions set forth below:
ao
The lease shall be for an initial term of Twenty (20) years commencing the date of
this Agreement.
The lease rent for the entire Twenty (20) year term shall be One Hundred Dollars
($I00.00) to be paid in full within fourteen (14) days from the date of the
approval of this Agreement by the Common Council of the City of Janesville.
During the term of this lease, and any extensions, renewals and amendments
hereof, the CITY shall use the LEASED PREMISES for a municipal parking lot
in the general configuration shown on EXHIBIT D. The CITY shall also have the
right to extend a pedestrian walkway/trail across the LEASED PREMISES, which
fire, flood or other natural disaster. This provision perpetually survives this
Agreement and applies to CAMPBELL and each and every of CAMPBELL's
successors, heirs, and assigns.
CAMPBELL may also grant the CITY the fight to attach lighting fixtures to
CAMPBELL's building to provide safe lighting for the WALKWAY at such
locations and of such nature as the City may determine from time to time, with
CAMPBELL's input and suggestions. If CAMPBELL approves the attachment of
lighting frxtures to the building, the CITY shall be responsible for the costs of
such installation, maintenance and operation and shall repair any damage to the
building caused thereby.
The CITY shall at all times maintain a railing along the northeast side of the
WALKWAY to protect pedestrians from accidental falls into the Rock River.
The CITY shall be responsible for the periodic sweeping and all snow removal
along the WALKWAY.
The CITY shall hold CAMPBELL harmless from and shall indemnify
CAMPBELL against any loss, liability, damage, or expense, including reasonable
attorney's fees arising out of or in any way related to the use of the WALKWAY
by the general public.
The WALKWAY easement shall commence on the date that this Agreement is
filed of record with the Register of Deeds for Rock County, Wisconsin, and shall
continue in perpetuity. Notwithstanding the foregoing, this Agreement may be
terminated by recording with the Register of Deeds for Rock County, Wisconsin a
written instrument of termination signed by all of the then owners of the
CAMPBELL PROPERTY and the CITY.
3. Miscellaneous Provisions.
be
Headings. Paragraph and subparagraph headings herein are for convenience and
reference only and in no way define or limit the scope or content of this
Agreement or in any way affect its provisions.
Waiver. No delay or omission by any of the parties hereto to exercise any power
occurring upon any non-compliance or failed performance by another party under
the provisions of this Agreement shall impair any such right or power or be
construed to be a waiver thereof. A waiver by any of the parties hereto of any of
the convenants, conditions, or agreements hereof to be performed by another,
shall not be construed to be a waiver of any succeeding breach thereof or of any
other convenant, condition, or agreement contained herein.
Notices. Any notice, request, or demand required or permitted under this
Agreement shall be in writing and shall be deemed given when personally served
or three (3) days after the same has been deposited with the United States Post
Office, registered or certified mail, return receipt requested, postage prepaid and
addressed as follows:
IN WITNESS WHEREOF, the parties have signed this Agreement to take effect as of the date
first above written.
CAMPBE~
BY: ~
STATE OF WISCONSIN )
)SS.
COUNTY OF ROCK )
Personally came before me this ~ day of ~ ,2001, the above-named
Terry D. Campbell, to me known to be the person~vho ~xecuted the foregoing immanent.
l~mry Public, S~e of W~isconsin
My Commission expires: ~- J a.~.~ ?~ ~oo~
IN WITNESS WHEREOF, the parties have signed this Agreement to take effect as of the date
first above aa'itten
CITY
~'~ven E. Sheiffer, City Manger
JenA. Wult:, City'Clerk-Treasure~
STATE OF WISCONSIN )
)ss.
COUNTY OF ROCK )
Personally came before me this I1)% day of
.P~ ~ ,2001, the above-named
Steven E. Sheiffer and Jean A. Wulf, to me known to be the persons who executed the foregoing
instrument on behalf of such Municipal Corporation by its authority, and acknowledged the
salne.
Notary Public, State of Wisconsin
My Commission expires: