HomeMy WebLinkAboutTermination of Lease dtd 8-24-17 Discovery Properties I lilt IIH 1111111111
' 8 5 4 0 4 0 6
Tx:4396939
TERMINATION OF LEASE AGREEMENT DOC# 1800362
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/04/2019 02:44 PM
RECORDING FEE: 30.00
PAGES: 5
Recording Area 13(12 1
Name and Return Address
City Attorney's Office
P.O. Box 1130
Oshkosh,WI 54903-1130
90200620000
Property Identification Number
TERMINATION OF LEASE AGREEMENT
This document drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin 54903
1
July 18, 2019
TERMINATION OF LEASE AGREEMENT
This TERMINATION OF LEASE AGREEMENT ("Termination Agreement"), is entered
into as of the day of September, 2019 by and between the City of Oshkosh, a Wisconsin
municipality, with its principal offices located at 215 Church Ave., P.O. Box 1130, Oshkosh,
Wisconsin 54903-1130, ("City" or "Lessor") and Discovery Properties, LLC, 230 Ohio Street,
Suite 200, Oshkosh, Wisconsin, 54902 ("Discovery"or "Lessee"):
Lessor and Lessee are parties to a Lease Agreement dated June 26,2017 and recorded with the
Winnebago County Register of Deeds on August 4, 2017 as Document Number 1745912 ("Lease
Agreement")which encumbers a part of property formerly known as the City's State Street public
parking lot,and more particularly identified as"Proposed Lot 2 of Certified Survey Map"within the
Lease Agreement. (the "Leased Premises").
Pursuant to its terms,the Lease Agreement terminates on the date that Lessor conveys a fee
simple interest in the Leased Premises to Lessee.
Lessor is conveying the Leased Premises to Lessee on the date hereof and the parties wish to
record this notice terminating the Lease Agreement.
THEREFORE,in consideration of the mutual promises contained herein and other good and
valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties
agree as follows:
1. The Lease Agreement is terminated in its entirety and without reservation as of the date
of this Termination Agreement.
2. The Lease Agreement was entered into prior to the recording of CSM No.7470,which
was recorded on April 26,2019 as Document Number 1787863. The Leased Premises
was part of a larger parcel at that time and therefore was described through a metes and
bounds description and identified in the Lease Agreement as "Proposed Lot 2 of
Certified Survey Map." The parties' intention was for the Leased Premises to
eventually be formalized as Lot 2 of CSM 7470. The property described as Proposed
Lot 2 of Certified Survey Map has now become Lot 2 of CSM No. 7470. The parties
intend to fully terminate the Lease Agreement,regardless of any discrepancies in any
legal description of the proposed Lot 2 versus the actual Lot 2 of CSM No. 7470. The
legal description of the property subject to this Termination Agreement is attached as
Exhibit A.
3. This Termination Agreement shall be for the benefit of,and shall be binding upon,the
parties hereto and their respective heirs, executors, administrators, and assigns.
4. There shall be no lease termination payment owed by either party to this Termination
2
July 18, 2019
Agreement.
5. This Lease Termination Agreement may be executed in multiple counterparts.
[SIGNATURE PAGES FOLLOW]
3
July 18, 2019
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date
first above written.
LESSEE: LESSOR:
Discovery Pro erties, LLC City of Oshkosh
B By:
Randy Schmiedel, Managing Member Mark . Rohloff, City Manage
By:
Pamela R. Ubrig, City Clerk
Approv d as to Form:
By
Lynn o enson, Attorney
STATE OF WISCONSIN }
} SS. `,,,,N,,mnrrp,,,
COUNTY OF WINNEBAGO } S,AsE�FR °,,••,� '��,
•
44tPersonally came before me this c 0 day of r, 2019, the above-narge l an Y NN
Schmiedel,to me known to be the person who executed and acknowledged the foregoing instru4r 1 '-O / U
u,U�./a� = �� 1 C. z.
Notary Public, State of Wisconsin .i.'-rr��Oi PJ
My Commission expires: I I . I. �' TA-CE O�••`••;
STATE OF WISCONSIN } sin,,u,i,u"`,,,,
} SS
COUNTY OF WINNEBAGO } ff
Personally came before me this o� day of be ,2019,the above named Mark A.Rohloff,to
me known to be the person who executed and acknbwledged a foregoin s ment.
O€4
Notary Public, State of Wisconsin
My Commission expires: (p 11 Lt 1 c3,Q)o�
STATE OF WISCONSIN }
} SS
COUNTY OF WINNEBAGO } f
Personally came before me this c thaay of SQ ` . be ,2019,the above named Pamela R.Ubrig,to
me known to be the person who executed and ackiowledged the f egoing in iiii eikt.
Notary Public, State bf Wisconsin
My Commission expires: (�,//y/dD�d
4
July 18, 2019
EXHIBIT A
LEGAL DESCRIPTION
Lot 2 in Certified Survey Map No.7470 filed in Volume 1 of Survey Maps,Page 7470 as Doc
No. 1787863;in the Second Ward,located in the Northeast Quarter of the Southwest Quarter
(NE 1/4 of the SW 1/4) in Section 24, Township 18 North, Range 16 East, in the City of
Oshkosh, Winnebago County, Wisconsin.
5
July 18, 2019