HomeMy WebLinkAboutRedevelopment S Koeller StreetAgreement for Assignment of
Redevelopment Agreement
Document Number I Document Title
This is an amendment to Document # 1791305 recorded on June 12, 2019 at
the Winnebago County Register of Deeds.
The real properties subject to this amendment are as follows:
2145 S Koeller St Parcel ID No. 913-2310-0404
Tx:4401560
DOC#1802028
NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
10/25/2019 01:43 PM
RECORDING FEE: 30.00
PAGES: 9
City Attorney's Office
CKA-RjC,C 02f8
913-2310-0404
913-3422-2034
913-2310-0401
913-2310-0402
913-2310-0403
Parcel Identification No.
Lot 2 of Certified Survey Map 5964 recorded with the Winnebago County Register of Deeds on September 7, 2006 in
Volume 1 of Certified Survey Maps on Page 5964 as Document No. 1410416. Said land being in the City of Oshkosh,
County of Winnebago, State of Wisconsin.
2105 S Koeller St Parcel ID No. 913-3422-2034
Lots 3 and 4 of Certified Survey Map No. 5964, recorded in the Winnebago County Register of Deeds in Volume I of
Certified Survey Maps on Page 5964, as Document Number 1410416, being Lot 1 of CSM 2147 and part of the Northwest
'/4 of the Northwest'/4 and part of the Southwest'/4 of the Northwest'/4 of Section 34, Township 18 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin. Excepting those lands conveyed in Warranty Deed recorded as Document
No.1511246
2175 S Koeller St Parcel ID No. 913-2310-0401
Lot 1 of Certified Survey Map Number 3521 Recorded as Document Number 947777, Winnebago County Register of
Deeds
2185 S Koeller St Parcel ID No. 913-2310-0402
Lot 2 of Certified Survey Map Number 3521 Recorded as Document Number 947777, Winnebago County Register of
Deeds
0 S Koeller St Parcel ID No. 913-2310-0403
Lot 1 of Certified Survey Map Number 5964 Recorded as Document Number 1410416, Winnebago County Register of
Deeds.
Drafted By:
Lynn Lorenson
Oshkosh, WI 54903-1130
=-5
CITY
C'T
AGREEMENT FOR ASSIGNMENT OF
REDEVELOPMENT AGREEMENT
I. PARTIES
The parties to this agreement are:
1.01 Tom Masters, an individual having offices at 22 North Main Street, in Hartford,
Wisconsin ("Masters");
1.02 Rogan Stores Oshkosh LLC, a Wisconsin limited liability company having offices at
1750 Ohio Street in Racine, Wisconsin ("Rogan's");
1.03 Phoenix Realty, LLC, a Wisconsin limited liability company having offices at 401 East
Kilbourn Avenue, Suite 201, in Milwaukee, Wisconsin ("Phoenix");
1.04 Reilly Real Estate, LLC, a Wisconsin limited liability company having offices at 3420
Jackson Street, in Oshkosh, Wisconsin ("Reilly");
1.05 Oshkosh Refurb, Inc., a Wisconsin corporation having offices at 3420 Jackson Street in
Oshkosh, Wisconsin ("Refurb"); and
1.05 The City of Oshkosh, Wisconsin, a Wisconsin municipal corporation having offices at
215 Church Avenue in Oshkosh, Wisconsin (the "City"; Masters, Rogan's Phoenix,
Reilly, Refurb and the City may be referred to collectively as the "Parties" or individually
as a "Party").
II. RECITALS
2.01 The date of this agreement is October -L, 2019.
2.02 WHEREAS, Masters, Rogan's, Phoenix, Reilly and the City entered into a
Redevelopment Agreement dated May 13, 2019, which was recorded with the
Winnebago County Register of Deeds as Document No. 1791305 on or about June 12,
2019 (the "Redevelopment Agreement"); and
2.03 WHEREAS, as of the effective date of the Redevelopment Agreement, Phoenix and
Reilly were under a "Form Offer"' to purchase the "Phoenix Property""; and
2.04 WHEREAS, prior to the closing of the transaction between Phoenix and Reilly, Reilly
assigned all right and interest under the Form Offer to Refurb; and
As that term is defined in the Redevelopment Agreement,
2 As that term is defined in the Redevelopment Agreement.
2.05 WHEREAS, Refurb desires to redevelop the "Property;" on the same terms and
conditions set forth in the Redevelopment Agreement and assume the responsibilities,
obligations, and duties set forth therein; and
2.06 WHEREAS, Reilly desires to assign the responsibilities, obligations, and duties set forth
in the Redevelopment Agreement to Refurb;
2.07 WHEREAS, Section 21 of the Redevelopment Agreement permits free and liberal
assignment of the rights and obligations under the Redevelopment Agreement "upon the
transfer of [a Party's] respective Property" but is silent as to the right to assign prior to a
transfer of property; and
2.07 WHEREAS, the Parties desire to enter into this Assignment Agreement upon the terms
and conditions set forth herein (the "Assignment").
III. AGREEMENT
NOW, THEREFORE, it is agreed as follows:
3.01 Recitals. The recitals are a part of this Assignment.
3.05 Representation of Reilly. Reilly hereby states, represents and covenants as follows:
(a) Reilly has the right, power and authority to assign Redevelopment Agreement to
Refurb, and that nothing in this Assignment violates, is contrary to, modifies or
jeopardizes any term or condition contained in the Redevelopment Agreement.
(b) There is no litigation or administrative proceeding pending of which the
Redevelopment Agreement is the subject, or otherwise, which could modify,
subordinate or in way jeopardize the rights, power and authorities Refurb
hereunder.
(c) The assignment of the Redevelopment Agreement as provided for herein is
permitted under Wisconsin law and does not jeopardize or alter Refurb's right to
receive reimbursement from the City for eligible costs incurred consistent with
the Redevelopment Agreement.
(d) No representation or warranty of Reilly in this Assignment contains any untrue
statement of material fact, or omits or will omit to state a material fact necessary
to make the statements contained herein not misleading.
3.02 Assignment. Reilly hereby assigns, transfers, and conveys to Refurb all right, title and
interest that it has in and to the Redevelopment Agreement.
3 As that term is defined in the Redevelopment Agreement.
3.06 Consents. Masters, Rogan's, Phoenix, and the City hereby consent to the assignment by
Reilly to Refurb. Masters, Rogan's, Phoenix, and the City agree that such assignment
shall not be a default under the Redevelopment Agreement.
3.07 Miscellaneous.
(a) Survival of Representations. The representations, warranties and agreements of
Reilly contained in this Assignment shall not be discharged or dissolved upon but
shall survive the date of the execution hereof.
(b) Binding Agreement. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their successors and assigns, heirs and personal
representatives, except as otherwise expressly provided herein.
(c) Waiver Change or Modification. This Agreement may not be changed orally,
but only by an agreement in writing, and signed by the party against whom
enforcement of any waiver, change, modification or discharge is sought.
(e) Applicable Law. The parties agree that this Agreement shall be construed
pursuant to and in accordance with the laws of the State of Wisconsin.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed as of
the date stated in the first paragraph of this Agreement.
THOMAS MASTERS
STATE OF WISCONSIN }
) SS
COUNTY OF WASHINGTON)
Personally came before me this 24't**— day of October, 2019, the above -named Thomas
Masters, to me known to be the person who executed the foregoing instrument.
rP�AN Y\
eU9Eiy otary Public, �State of Wisconsin
20� AR y Commission: O S aS terra 3
\Aus �"
REILLY REAL ESTATE, LLC
BY -.
Its: Member
STATE OF WISCONSIN }
)SS
COUNTY OF WINNEBAGO}
Personally came before me this day of October, 2019, the above -named Tyler G.
Reilly, to me known to be the person who executed4h j(f9Kp0ng jmstrument4
Notary Public, State of
My Commission is Doe,
��G.MYNge�9
pTAR
J,'•, PUBO Viz:
ROGAN STORES OSHKOSH LLC, by its
sole member, ROGAN SHOES,
Patrick. Rogan, President of Rogan
Shoes, Incorporated, Sole Member
STATE OF WISCONSIN }
} SS
COUNTY OF RACINE }
Personally came before me this 46. day of October, 2019, the above -named Patrick A.
Rogan, to me known to be the person who executed the foreggigg instrument] _A
f
VpWA. M46tore Jr.
ry Public, State of Wisconsin
My Commission is permanent.
PHOENIX REALTY, LLC
c
BY: / M k�,
David M. Marks, its MaTiager
STATE OF WISCONSIN }
)SS
COUNTY OF MILWAUKEE }
Personally came before me this * day of October, 2019, the above -named David M.
Marks, to me known to be the person who execut the foregoing I
rent. (�x�
*JenAifer L. MePer
ICY/ \
\FtH Notary Public, ate of Wisconsin
)�O�j
My Commissitjn: expires 9/8/2023.
0Tq,�J
OSHKOSH REFURB, INC.
BY:
Its: Shareholder and President
STATE OF WISCONSIN
} SS
COUNTY OF WINNEBAGO}
Personally came before me this r_ day of October, 2019, the above -named Tyler G.
Reilly, to me known to be the person who executed tte foregoinglinstry4nt.
Notary Public, Sta"f Wisconsin
M Commission ermanent.
�G. MYNS,&
PUBS-SC'.:��z
•�''9TF OF W�SG�•
CITY OF OSHKOSH, WISCONSIN
1
Mark'A. Rohloff, City Manager
By: a
Pamela R. Ubrig, City Clerk`-.',-
Approved as to form: °
By:
n A. Loren' ity Attorney
STATE OF WISCONSIN
)SS
COUNTY OF WINNEBAGO } ;.•'G,EL
l ti V O
Personally came before me this day of 2019, the abot0 naLRed, u
City Manager and City Clerk, to me known to be the person who executed ftj' .reg�ng )
instrument.
r... .....
Notary Public, State f Wi�consi��
My Commission: