HomeMy WebLinkAboutRedevelopment Authority of the City of OshkoshFirst Amendment to Tax Increment District No.
Development Agreement (Merge Redevelopment)
Document Number I Document Title
I IIIIIISIIIIIIIIII III
Tx:4411716
DOC#1806377
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
12/19/2019 12:24 PM
RECORDING FEE: 30.00
PAGES: 7
Return Address
City Attorney's Office
901-0202-0000
901-0200-0200
The real properties subject to this first amendment are as follows: 901-0222-0300
Parcel Identification No.
0 Jackson Street Parcel ID No. 901-0202-0000
Lot 2 of Certified Survey Map 6553 Document Number 1577796 recorded at the Register of Deeds all in the 1st Ward, City
of Oshkosh, Winnebago County Wisconsin.
0 Marion Road Parcel ID No. 901-0200-0200
Lot 2 of Certified Survey Map 7150 Document Number 1724920 recorded at the Register of Deeds all in the I I Ward, City
of Oshkosh, Winnebago County Wisconsin.
0 Marion Road Parcel ID No. 901-0222-0300
Lot 3 of Certified Survey Map 7068 Document Number 1709684 recorded at the Register of Deeds all in the 11 Ward, City
of Oshkosh, Winnebago County Wisconsin.
Drafted By:
Lynn Lorenson
Oshkosh, WI54903-1130
RECEIVED
JAN 0 9 2020
CITY CLERK'S OFFICE
C-�
FIRST AMENDMENT TO
TAX INCREMENTAL DISTRICT NO. 36
DEVELOPMENT AGREEMENT
(MERGE REDEVELOPMENT)
This First Amendment to the Tax Incremental District No. 36 Development Agreement
(the "First Amendment") is made this -ft�' day of December, 2019 (the "Effective Date"), by and
between the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation the
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN (the "RDA,"
and, collectively with the City of Oshkosh, Wisconsin, the "CW ), MERGE, LLC, an Iowa limited
liability company, doing business as Merge Urban Development Group ("Merge"), and MARION
ROAD REDEVELOPMENT LLC, a Delaware limited liability company (the "Developer').
RECITALS
WHEREAS, the City has established Tax Incremental District No. 36 (the "District") as a
district in which at least fifty percent (50%) of the property within the District is a blighted area,
as defined in Wis. Stat. Sec. 66.1105(2)(ae)l, and in which certain costs incurred for
redevelopment of the District may be reimbursed from property tax increment as provided by State
law; and
WHEREAS, pursuant to the District Plan, a Development Agreement was negotiated with
Merge, LLC and Marion Road Redevelopment, LLC; and
WHEREAS, the Development Agreement contains a contingency that the Developer shall
acquire the property from the RDA on or before December 31, 2019 or the Agreement shall be
null and void; and
WHEREAS, the real estate closing whereby the Developer would acquire the property has
been delayed; and
WHEREAS, the Developer desires to amend the Development Agreement to account for
the delayed closing.
NOW THEREFORE, in consideration of the recitals, the terms and conditions contained
in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
AGREEMENT
I. AMENDMENT. The parties agree to amend Paragraph 11 of the Developer
Agreement as follows:
H. PROPERTY ACQUISITION CONTINGENCY.
The effectiveness of this Agreement is contingent upon the Developer acquiring
the Property from the RDA on or before March 31, 2020. In the event that the
Developer elects not to purchase the Property or is otherwise unable to timely
satisfy this contingency on or before such date, this Agreement shall be null and
void and the parties shall have no further rights or obligations hereunder.
(the "Amended Language").
H. EFFECT OF AMENDMENT. The Amended Language of this First Amendment
shall supersede and supplant the language in paragraph Il of the Development Agreement as if
stated fully therein. All other paragraphs and provisions of Development Agreement not otherwise
addressed in this First Amendment shall remain in full force and effect.
[Signatures Begin On Next Page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of the
date stated in the first paragraph of this Agreement.
MERGE, LLC
By:�_
rent Dahlstrom, Manage
STATE OF
COUNTY OF Ab1'V' } SS
Personally came before me this )7� day of 2019, the
above -named Brent Dahlstrom, to me known to be the Manager of Merge, LLC and the person
who executed the foregoing instrument on behalf of the limited liability company.
IAts JILL L KRAAYENBRINK
o AL It Commission Number 797477
My Commission Expires
r July 29, 2022
Notary Public,
My Commissii
MARION ROAD REDEVELOPMENT
LLC, a Delaware limited liability company
11
Name: Rr�- u%
PP-
1O .1 r
STATE OF _,pWt }
COUNTY OF L ) SS
Personally came before me this 1,3 day of I iP LCYVI bv. 2019, the
above -named to me known to be the of
Marion Road Redevelopment, LLC, and the person who executed the foregoing ins ment on
behalf of the limited liability company.
* w' b i k
Notary Public, State of N mycommission: -71a%a{j�
CITY OF OSHKOSH, WISCONSIN
By: �"
Mark A. Rohloff, City Manager
By:
aM SA
Pamela R. Ubrig, City Cl rk
,
STATE OF WISCONSIN }
} SS
COUNTY OF WINNEBAGO }
Personally came before me this I l day of QP G2m bef , 2019, the above named
Mark A. Rohloff and Pamela R. Ubrig, to me known to be the City Manager and City Clerk,
respectively, of the City of Osbkosh, Wisconsin, and the persons who executed the foregoing
instrument.
Notary Public, State of Wisconsin
My Commission: 9�2e
My Commission:
REDEVELOPMENT AUTHORITY OF
THE CITY OF OSHKOS�H,,,WISCONSIN
LZ�c tt t n-
I_o�fi Chair
N •Alen OCLVIS , Executive Director
STATE OF WISCONSIN }
} SS
COUNTY OF WINNEBAGO }
Personally came before me this day of 'DP Cexnbt'(- 2019, the above named
Laf i Palme-ri and IF. Mlen 0awi5 7L- , to me known to be the Chair and Executive
Director, respectively, of the Redevelopment Authority of the City of Oshkosh, Wisconsin, and
the persons who executed the foregoing instrument.
Notary Public, State
My Commission:_
,
o,