HomeMy WebLinkAboutDeclaration of Restrictive Covenant PIN#903-0324-04-00 2020 1�-tCM
86596115
Tx:4489651
DOC# 1837104
DECLARATION OF RESTRICTIVE NATALIE STROHMEYER
COVENANT REGISTER OF DEEDS
DOCUMENT NO. WINNEBAGO COUNTY, WI
RECORDED ON:
12/09/2020 02:04 PM
RECORDING FEE: 30.00
PAGES: 5
THIS SPACE RESERVED FOR RECORDING DATA
NAME AND RETURN ADDRESS
City Attorney's Office
PO Box 1130
Oshkosh,WI 54903-1130
#903-0324-04-00
Parcel Identification Number
RECEIVED
Drafted by:ttorney Lynn Lorenson C DEC 1 6 2Q20
Oshkosh, WI 54901-1130
CITY CLERKS OF r(-,
DECLARATION OF RESTRICTIVE COVENANT
WHEREAS,pursuant to the terms of a Development Agreement dated March 17,2017,as
amended (the "Development Agreement"), the REDEVELOPMENT AUTHORITY OF THE
CITY OF OSHKOSH, WISCONSIN (the "RDA") is conveying to FOX VALLEY PRO
BASKETBALL, INC., a Wisconsin corporation, ("Developer")that certain real property located
at 1212 South Main Street,Oshkosh,Wisconsin and legally described on Exhibit A attached hereto
(the"Property"), and
WHEREAS, the Property is subject to both the Final Case Closure with Continuing
Obligations ("No Further Action") letter dated July 11, 2019 and a Voluntary Party Liability
Exemption ("VLPE") Certificate of Completion dated as of October 8, 2020, but as a result of
certain changes to the State of Wisconsin's implementation of the VPLE program made by the
State of Wisconsin, the Certificate of Completion pertains only to specific hazardous substances
identified in the certain VPLE Certificate of Completion.
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, RDA covenants and agrees as follows:
1. Capitalized terms used herein without definitions have the meanings ascribed to
them in the Development Agreement.
•
2. Developer shall not perform (or allow any current or prospective owner of the
Property, lender, lessee, purchaser or any other person acting on Developer's behalf or with
Developer's consent to perform)any environmental evaluation,investigation, sampling,testing or
other subsurface disturbance at the Property (for example, by the collection and analysis of a
sample of any media, including, without limitation, any soil, groundwater, building material, air
or vapor(or water,surface water or sediment)) (collectively,"Investigation"),unless(i)Developer
is directed in writing to undertake such Investigation by a governmental body acting within the
scope of its authority and such Investigation must be undertaken to comply with any
Environmental Law requiring such Investigation(and Developer shall not communicate and shall
not cause any communication with such governmental body for any purpose that may reasonably
result in the initiation of an investigation),(ii)such Investigation is in connection with a third party
claim where the Investigation is a reasonably necessary component of the defense, evaluation or
resolution of such third party claim, (iii) such Investigation is necessary in connection with an
actual emergency or imminent threat to human health or the environment as identified by a
governmental body,or(iv)the RDA and the City of Oshkosh,Wisconsin(the"City")provide prior
written approval for such Investigation, which approval the RDA and City may withhold in their
respective sole discretion.
3. In the event that Developer is so directed, required or allowed, Developer shall
provide the RDA and City with written notice as promptly as practicable and at least thirty (30)
days prior to commencing such Investigation (except in each case in instances where emergency
response actions are required to be undertaken in a shorter period of time, in which case notice
shall be provided as promptly as practicable). Notwithstanding Developer's authority to undertake
an Investigation as identified in paragraph 2 above, the RDA and the City of Oshkosh shall verify
the authority for the Investigation and shall approve the scope of any such Investigation. Such
verification and approval of the scope of investigation must be approved in writing by the RDA
and the City, such approval not to be unreasonably withheld. Any such Investigation shall be at
the sole cost and expense of Developer.
4. Notwithstanding anything contained in this Restrictive Covenant to the contrary, in
the event of a breach by Developer, its subsidiaries, affiliates, or agents or their respective
successors and assigns, of either Paragraphs 2 or 3,above,neither the City nor the RDA shall have
any obligation to provide indemnification for Environmental Claims under Section V.E. of the
Development Agreement, and Developer shall be solely responsible for the costs of remediating
any Environmental Claims which arise following the performance of an Investigation in violation
of this Restrictive Covenant. In addition,failure to comply with the foregoing restrictions shall be
grounds for relief which may include,without limitation, an action to recover damages, injunctive
relief, or any combination thereof.
5. These restrictions are for the benefit of the RDA and the City and run with the
Property and are for the benefit of and binding upon Developer and all successive owners and
occupants of the Property.
6. This instrument shall be recorded in Winnebago County, Wisconsin. Exhibit A is
attached hereto and incorporated herein by this reference.
7. Failure to comply with any of the foregoing restrictions shall be grounds for relief
which may include, without limitation, an action to recover damages, injunctive relief, relief as
identified in Paragraph 4, above, or any combination thereof
[SIGNATURE PAGE FOLLOWS]
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. r
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Restrictive
Covenant as of the date set forth below.
REDEVELOPMENT AUTHORITY OF THE CITY OF
OSHKOSH, WISCONSIN
By: Itlia04sCAI211A-12-"-:—
Lori Palmeri, hairperson
By: rr
H. Allen Davis, Executive Director
STATE OF WISCONSIN )
) ss.
COUNTY OF WINNEBAGO )
Personally came before me this q-th day of December, 2020, the above-named Lori
Palmeri and H. Allen Davis, to me know to be the Chairperson and Executive Director of the
Redevelopment Authority of the City of Oshkosh, Wisconsin. And the persons who executed the
foregoing document and acknowledged the same.
* tnjPcner _
Not Public State of W►S c o n S;r, _= =
Notary "
My commission: 12/l 5/2 02 3 - _
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EXHIBIT A
Legal Description of the Property
Lot One (1) of CERTIFIED SURVEY MAP NO. 7697 recorded on December 7, 2020 in
the Winnebago County, Wisconsin, Register of Deeds Office, as Document No. 1836819;
being all of Lots 1 and 2 of Certified Survey Map Number 7081 as recorded in Volume 1
of Certified Survey Maps on Page 7081 as Document Number 1712374, located in the
Fractional Northwest 1/4 of Section 25, Township 18 North, Range 16 East, Third Ward,
City of Oshkosh, Winnebago County, Wisconsin.
EXCEPTING THEREFROM any building(s) and improvements erected and located on
said subject property.
Parcel No. #903-0324-04-00