HomeMy WebLinkAboutTID No 37 Development Agreement- Aviation Plaza Project 2,r
First Amendment to TID No. 37 Tx:4402030
Development Agreement DOC# 1802216
Document Number Document Title. NATALIE STROHMEYER
REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
This is an amendment to Document No. 1802025, Document No. 1802026 10/ 29/ 2019 08:16 AM
and Document No. 1802027 recorded on October 25, 2019 at the Winnebago RECORDING FEE: 30.00
County Register of Deeds. PAGES: 7
Recordinz Area
Name and Return Address
City Attorney's Office 024E
913-2310-0404
913-3422-2034
The real properties subject to this amendment are as follows: 913-2310-0401
913-2310-0402
913-2310-0403
2145 S Koeller St Parcel ID No. 913-2310-0404 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 ofthe Northwest
'/4 of the Northwest'/a 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
RECEIVED
NOV - 0 2019
CITY CLERK'S OFFICE
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FIRST AMENDMENT TO
TAX INCREMENTAL DISTRICT NO.37
DEVELOPMENT AGREEMENT
(AVIATION PLAZA PROJECT)
This First Amendment to the Tax Incremental District No. 37 Development Agreement
(the "First Amendment") is made thisolf6day of October, 2019 (the "Effective Date'), by and
between the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation (the
"C"), and MASTERS OSHKOSH, LLC, a Wisconsin limited liability company ("Masters")
OSHKOSH REFURB, INC., a Wisconsin corporation ("Extreme Customs"), and ROGAN
STORES OSHKOSH LLC, a Wisconsin limited liability company ("Rogan's") (Masters,
Extreme Customs, Rogan's and the City may be referred to collectively as the "Parties" or,
individually, as a "Party")
RECITALS
WHEREAS, the City has established Tax Incremental District No. 37 (the "District") as a
district in which at least fifty percent (50%) of the property within the District is in need of
rehabilitation or conservation work, as defined in Wis. Stat. Sec. 66.1337 (2m)(a), 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, Development Agreements were negotiated with
Masters, Extreme Customs, and Rogan's; and
WHEREAS, Extreme Customs created a new affiliated entity and desires to enter into the
Development Agreement and this amendment in the name of the affiliated entity, Oshkosh Refurb,
Inc.; and
WHEREAS, the Development Agreements contained a contingency that all Development
Agreements would be entered into and Oshkosh Refurb, Inc. would complete purchase of its
"Developer Property" as that term was defined in the Developer Agreement between Oshkosh
Refurb, Inc. and the City; and
WHEREAS, the real estate closing whereby Oshkosh Refurb, Inc. would purchase its
"Developer Property" has been delayed into October;
WHEREAS, the Parties desire to amend the Developer Agreements 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 desire to amend paragraph II of each of their
respective Development Agreements by amending Paragraph II of the Developer
Agreements as follows:
H. INITIAL CONTINGENCY. The effectiveness of this
Agreement is contingent upon Extreme Customs acquiring its
portion of the District property and the City entering into
Development Agreements with each of Developer, Rogan's, and
Extreme Customs with respect to the Project. In the event that both
Extreme Customs' acquisition of its portion of the District property
and the City's approval of all three (3) Development Agreements
have not occurred on or before October 31, 2019, 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 II of each Party's Development Agreement
with the City as if stated fully therein. All other paragraphs and provisions of the Parties'
Development Agreements 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.
MASTERS OSHKOSH, LLC
STATE OF WISCONSIN }
)SS
COUNTY OF WASHINGTON}
Personally came before me this 2-o—' day of October, 2019, the above -named Thomas
Masters, to me known to be the person who executed the foregoing instrument.
VAN g Y1��i1(f�Jl�s 1� iM`Pu�
Q P Uq • i'au rem �la+�i rr v�
OZAI? Notary Public, State of Wisconsin
�_ My Commission: 0 7 j 2 3
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• OSHKOSH REFURB, INC.
BY• l—
hehol erPdIts-ar
STATE OF WISCONSIN }
} SS
COUNTY OF WINNEBAGO} J,
day of O
Personally came before me this ober, 2019, above -named ler G.
Reilly, to me known to be the person who executed going ins „ ent.
Nvary Public, State of
•� �., , My Commission is pen
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ROGAN STORES OSHKOSH LLC, by its
sole member, ROGAN SHOES,
BY:
STATE OF WISCONSIN }
)SS
COUNTY OF RACINE } ,/ .
Patrick/A. Rogan, President of Rogan
Shoes, Incorporated, Sole Member
Personally came before me this # day of October, 2019, the above -named Patrick A
Rogan, to me known to be the person who executed the fore of instipment.. 1
J h . Mur re Jr.
I�Wary Public, State of Wisconsin
My Commission is permanent.
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Approved as to form:
'—sir1 A�.Lorens , City Attorney
STATE OF WISCONSIN }
)SS
COUNTY OF WINNEBAGO }
CITY OF OSHKOSH, WISCONSIN
By:
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Mark A. Rohloff, City Manager _......
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By:,
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Pamela R. Ubrig, City Clerk o : • .
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Personally came before me th&—" day of October, 2019, the above named City ... ...........
Manager and City Clerk of the City of Oshkosh, to me known to be the persons who executed th�CI(E L
foregoing instrument. n /1 �. ` s
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Notary
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