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AMENDMENT TO OPTION TO PURCHASE AGREEMENT
THIS AMENDMENT is made and entered into this ~ day of No\JÐM- ~CX' ,2005, by
and between the CITY OF OSHKOSH, 215 Church Avenue, Oshkosh, WI 54901 (CITY) and
STEVEN H. HOOPMAN, MEGAN L. HOOPMAN AND ERIC S. HOOPMAN, 5105 I-Ah-
Maytah Road, Oshkosh, WI 54901 (BUYERS). .
WITNESSETH
WHEREAS, the parties have entered into an Option to Purchase Agreement
("Agreement") dated August 15,2005, for certain real property known as Parcel F, in the Marion
RoadlPearl Avenue Redevelopment Proj ect Area, as shown on the attached Exhibit 1; and
WHEREAS, the name of the Buyers appeared as "Steven H. Hoopman, Megan L.
Hoopman, and Eric S. Hoopman" in the Agreement; and
WHEREAS, the actual registered name of the Buyer is "Tri Star Living" and the parties
desire to amend the Agreement to reflect the actual registered name of the Buyer; and
WHEREAS, the parties desire to amend the Agreement by extending the Option period
for a period not to exceed six months, or until April 18, 2006.
NOW, THEREFORE, for good and valuable consideration of the mutual promises herein
contained, as well as other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and the Buyer do hereby agree as follows:
1.
Article 2.03 shall be amended to read in its entirety as follows:
2.03
Terms of Option. The term of this option shall be six (6) months commencing
October 25,2005 and ending April 18, 2006.
The parties hereby ratify the Offer to Purchase Agreement and agree that the Offer to
Purchase shall be fully binding upon each of the parties, notwithstanding the failure of said
documents to properly reflect the registered legal name of the Buyer.
The parties further acknowledge and agree that all provisions of the Offer to Purchase not
expressly modified by this Amendment shall remain in full force and effect.
The parties further acknowledge and agree that this Amendment shall extend to and be
binding upon each of the parties and their respective successors, transferees and assigns.
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and
year set forth above.
BUYER: TRI STAR LIVING
SELLER: CITY OF OSHKOSH
STATE OF WISCONSIN )
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WINNEBAGO COUNTY)
Personally came before me this 1& day of JJyve~ex- , 2005, the above-named
Stephen H. Hoopman, Megan L. Hoopman and Eric S. Hoopman of Tri Star Living to me known to
be the persons who executed the foregoing instrument and acknowledge that they exequted the same
as such officers by its authority, for the purpose therein contained. ' ,
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Notary Public, Winnebago County, Wise nsin
My commission is permanent/expires: -¡ lle Ole
STATE OF WISCONSIN )
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WINNEBAGO COUNTY )
Personally came before me this~ day of ~ 2005, the above-named
Richard A. Wollangk, City Manager and Pamela R. Ubrig, Cl Clerk, to me known to be the persons
who executed the foregoing instrument and acknowledge that they executed tbe same as such officers
by its authority, for the purpose therein contained.
This document drafted by:
Warren P. Kraft, City Attorney
Oshkosh, WI
&A/61 i- 2-
Section Three: Parcel Site Parameters & Plans
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This section outlines the site plan criteria for each of thß five parcels in the Phase II Area.
The criteria define the key organizational and conceptu~1 objectives for each site. The
criteria are identified on the sheet titled "Site Plan Parameters" and illustrated with
examples titled "Site Plan Example."
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Marion Road/Pearl Avenue Redevelopment Project: Phase /I Development Guidelines 10
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