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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: