HomeMy WebLinkAboutDecades 8/06
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Easement Agreement
THIS INDENTURE, made this .dt1!...Dday of O~Uc<)~ ,2006, by
Decade's Monthly Income and Appreciation . und, a Limited
Partnership (Decade's), Grantor, and the CITY OF OSHKOSH, a
municipal corporation, both located in Winnebago County, Wisconsin,
Grantee,
WHEREAS, Grantor is the owner of certain real property bordering
along the Fox River and Lake Winnebago, located in the City of Oshkosh,
Winnebago County, Wisconsin, such property more particularly described
on Exhibit A, attached hereto and by this reference incorporated herein
(hereinafter "Grantor's Fee Property"); and
WHEREAS, Grantor has entered into an agreement with the Board of
Commissioners of Public Lands for the State of Wisconsin ("State of Wiscon-
'sin") and has obtained lease rights to adjoining property and also bordering
along the Fox River and Lake Winnebago in the City of Oshkosh, ("the Lease")
which lease is recorded in the office of the Register of Deeds for Winne-
bago County, Wisconsin as document # /1 J 61 qo (hereinafter the
"Leased Lands", such lands more particularly described on Exhibit B,
attached hereto and by this reference incorporated herein); and
:1.4:1.579:1.
REGISTER'S OFFICE
WINNEBAGO COUNTY. WI
RECORDED ON
10/30/2006 01:27PM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 27.00
TRANSFER FEE
, OF PAGES 9
Recording Area
Name and Return Address
City Attorney's Office
Oshkosh, WI 54903-1130
Parcel Identification Number (PIN)
. WHEREAS, pursuant to that certain Stipulation and Settlement Py;J~ment recorded in the Office of the
Register of Deeds for Winnebago County as document # 1'1/57 (the "Stipulation Agreement"), the
parties thereto agreed to work cooperatively to provide enhanced public access to and recreational use of
certain portions of the Leased Lands together with certain portions of the Grantor's Fee Property; and
WHEREAS, Grantor desires to donate to Grantee and Grantee desires to accept an easement across a
portion of Grantor's Fee Property and the Leased Lands for purposes described below.
WITNESSETH:
IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by
the Grantee, the receipt of which is hereby acknowledged, the Grantor does hereby give and grant without
warranty unto the Grantee, its successors and assigns, an easement in, under and over the land
hereinafter described, including the right to enter upon said land for the purposes enumerated in this
agreement, upon certain tracts of land situated in the City of Oshkosh, Winnebago County, Wisconsin,
and more particularly described and depicted on Exhibit C, attached hereto and by this reference
incorporated herein (hereinafter "Easement Area").
Duration- Grantor's Fee Property. For that portion of the Easement Area located on the Grantor's Fee
Property the Easement shall run in perpetuity.
Duration _ Leased Lands. For that portion of the Easement Area located on the Leased Lands, the
Easement is granted for the term of the Lease and all subsequent renewals thereof and shall run with the
land so as to be binding upon the parties hereto and their respective heirs, personal representatives,
administrators, successors and assigns. Grantor and their assignees/successors will execute and
authorize any document necessary to extend the easements beyond the expiration of the Lease which
may be necessary to allow Grantee to maintain this easement in perpetuity. This Execution Authorization
Obligation shall run with Grantor's Fee Property and shall be binding on all subsequent owners of such
property. If Grantor or any successor in interest obtains title to the Leased Lands, the duration of this
easement as to the leased lands shall be in perpetuity and the Grantor and their assignees/successors will
execute and authorize any document necessary to extend the easement in perpetuity.
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Purpose. The purpose of this Easement is to preserve and maintain Easement Area for construction,
maintenance and use for pedestrians, bicycle travel, and physical access to the shore for fishing,
temporary boat and/or canoe tie ups and other recreational pursuits for the benefit of the Grantee and the
general public (hereinafter the "Easement Uses"). Grantee shall not cause or permit any structures to be
placed in the Easement Area (except the walkway, pedestrian bridges, railing, lighting standards,
benches, trash receptacles and signage associated with the trail, together with landscaping shall be
permitted). Further, Grantee shall not cause or permit any scheduled public gatherings, festivals, or like
activities utilizing the Easement Area as a main gathering point (by way of example, a City sponsored or
permitted run or walk over the Easement Area is permitted but a run or walk with a start or finish on the
Easement Area or temporary rest stations or other booths within the Easement Area shall not be
permitted).
Rights Conveyed. The rights and corresponding obligations conveyed by this Easement are as
follows:
a. To establish within the Easement Area improvements necessary for the Easement Uses.
The parties to this agreement recognize the importance of preserving desirable views of the area.
When exercising the rights conveyed by this easement, Grantee shall take into consideration the goal
of preserving those desirable scenic views of Lake Winnebago from Grantor's fee owned property and
shall consult with Grantor regarding the Plans for the improvements and landscaping.
b. To layout, mark, construct, maintain or relocate facilities necessary for the Easement Uses
within the Easement Area. Grantee shall consult with the Grantor regarding any substantial changes
to be made to the improvements in the Easement Area.
c. To make minor topographical changes to the property within the Easement Area for the
necessity and convenience of locating and constructing improvements for the Easement Uses.
d. To establish and maintain appropriate signage within the Easement Area marking the trail and
providing directions or other appropriate information in connection with improvements for the
Easement Uses.
e. To enter upon the easement area for all reasonable and necessary construction,
maintenance, and repair of the improvements located within Easement Area and related landscaping.
f. To manage vegetation within the Easement Area through selective planting and/or removal of
trees, shrubs, grasses or other plant species in order to maintain and enhance the Easement Area.
g. To maintain the Easement Area in a good, clean and sanitary condition, free from waste or
litter and any condition that is offensive to the public health, safety or welfare or that constitutes a
nuisance.
h. Grantor shall place no building or other substantial or permanent structure upon the Easement
Area. (except the walkway, pedestrian bridges, railing, lighting standards, benches, trash receptacles
and signage associated with the trail, together with landscaping shall be permitted)
Retained Rights. Except for those rights expressly conveyed to Grantee hereunder, Grantor reserves
to itself, its representatives, successors and assigns all other rights arising out of the ownership of the
property arising out of the ownership or leasing of the property described in Exhibit "C", including
without limitation, the right to engage in, or permit or invite others to engage in, all uses of the property
not expressly prohibited herein and that are not inconsistent with the terms of this easement
agreement, including, and again, without limitation, the following enumerated rights:
A. The right to request that persons leave the Easement Area for actions that constitute disorderly
conduct under state law or city ordinance or a violation of the City's noise ordinance (hereinafter
"Unruly Persons"). The City reserves its rights to bring enforcement actions against such Unruly
Persons where appropriate.
B. It is acknowledged and confirmed that pipes from Grantor's pumphouse shall be permitted under
the walkway and Easement Area.
Construction Expenses and Future Maintenance of Easement Area. Grantee will, as funding permits,
work with the Grantors to construct River and Lake edge improvements in the area commonly known
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as Pioneer Island. Grantee shall be responsible at Grantee's sole expense for the construction and
maintenance of the facilities for the Easement Uses and accompanying landscaping in this area.
Limitation on Use of Easement. Except for motorized or battery propelled personal assistive mobility
devices, public access on, over or across the Easement Area is limited to access by foot or other non-
motorized means. Use of motor vehicles within the easement is prohibited, except for motor vehicles
used by the Grantee's or Grantee's agents for purposes of construction or maintenance of the facilities
for the Easement Uses or for emergency access. Grantor reserves the right to use motorized vehicles
in connection with the operation of its resort. Grantor shall at its sole expense be responsible for the
repair or replacement of any improvements and/or landscaping damaged by the use of motorized
vehicles by Grantor, its agents, permittees or others authorized by Grantor.
Fees. No fees shall be charged for the use of the easement by the general public. No assessments
or charges shall be made against Grantor, the State of Wisconsin, the Grantor's Fee Property or the
Leased Lands for the construction and/or maintenance of improvements in connection with this
Easement.
No Liability. It is acknowledged that Wis. Stats. S895.52 is applicable to this Easement and the rights
granted hereunder, and neither Grantor nor Grantee shall have liability to third parties in connection
with this Easement or the use of the Easement Areas.
Upon exercising any of the rights herein granted, Grantee shall cause the property, soil and grass to be
repaired and replaced in a condition similar to its condition immediately prior thereto.
IN WITNESS WHEREOF, said Grantor has hereunto set its hand and seal the day and year first
above written ..
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ACKNOWLEDGEMENT
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY )
ACKNOWLEDGEMENT
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY )
Per onally came before me this,~,. day of
, 2006, the above-nall2e~':'Person(9"I'-to. ~e
known t be the person(s) who~l<ecuted the f~gomg
instru~ent and aCkn..rrled~ the~.:s'ame." ,,~. hi~.8er 6~C..i~1
capaclt~f.L~ 't?-. ~:!:r .. ~.~ ..
Notary Public, Winnebago Co., W '~. ; (~J (C .-. -
My Commission e f('e5 J;;; dO to "
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/). Personally came before me this ~ day of
U'l~!..JClk , 2006, the above-named person(s),
to m nown to be the person(s) who executed the
foregoing instrument and acknowledged the same in
his/h offic'al capa' . _ ~
N01?ry u9!.fc.""W. .inneb~go Co., Wll ,I
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APPROVED
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CONSENT OF MORTGAGEE
Associated Bank, National Association, as holder of a Mortgage upon the Grantor Fee Property and the
Leased Lands, hereby consents to the foregoing Easement and subjects its mortgage lien to said
Easement.
STATE OF WISCONSIN
.Wo..~haCOUNTY
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~~TED B~ ~JPNAL
By: IJX;:~
~e"'IO" C~u.J~ OrJ:'I'c.ef\
ASSOCIATION
The for oing instru nt was acknowledged before me this :):)1\1,). day of
named ~u,rl G. AJVSE!N as ~E.~'Ol\ C,.,fd'i't-OFifcE.l\
Association, on behal of said Bank.
'" lo\~ . 2006. by the above-
f Associated Bank, National
~MN0 C nO..._ -- 'n~
Notary Public, \J -~A\\ \ I
My comr:nission: M ft '{\ E.' .() d r-e~
eX'f\tP)l, ~-~d.. {jC)
This Instrument drafted by:
Lynn A. Lorenson, Asst. City Attomey
Oshkosh. WI 54903-1130
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EXHIBIT A
PIONEER INN PROPERTY
Tax Key Number: 903-0210
LEGAL DESCRIPTION
PARCEL 1
Part Of Fractional Section 24 and Part of Government Lots 1 and 2, Fractional Section 25, Town
18 North, Range 16 East, City of OsW<:osh, Winnebago County, Wisconsin
Described as follows:
Commencing at the Northwest Comer of said Fractional Section 25; thence North 89 degrees 52
minutes 15 seconds East, along the North line of said Fractional Section 25, a distance of
2342.99 feet to the point of beginning; thence North 16 degrees 54 minutes 00 seconds East, 2.64
feet; thence South 55 degrees 38 minutes 10 seconds East, along the Original Government
Meander Line, 39.65 feet; thence South 62 degrees 38 minutes 10 seconds East, along said
Original Government Meander Line, 726.00 feet; thence South 42 degrees 21 minutes 50
seconds West, along said Original Government Meander Line, 1254.00 feet; thence South 20
degrees 21 minutes 50 seconds West, along said Original Government Meander Line, 620.36
feet; thence South 89 degrees 13 minutes 00 seconds West, 178.56 feet; thence North 16 degrees
54 minutes 00 seconds East, along the East right of way line of Pioneer Drive, 1546.26 feet;
thence North 73 degrees 06 minutes 00 seconds West, along said East right of way line, 5.00
feet; thence North 16 degrees 54 minutes 00 seconds East, along said East right of way line,
400.49 feet to the point of beginning.
Said parcel contains 715,391 square feet or 16.4231 acres.
:pioneer legal exh a 8-16-06
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EXHIBIT B
LEASED LANDS
PARCEL 2
A Leasehold Estate, as said term is defined in the Leasehold Endorsement, created by Ground
Lease dated ..:Jt.U1e... II Z~ made by and between the State Of Wisconsin, as Lessor and
Decade's Monthly Income And Appreciation Fund, A Limited Partnership, as Lessee Demising
the following described lands:
Part of all land contiguous to Fractional Section 24 and part of all Lands Contiguous to
Government Lot 1, Fractional Section 25, Town 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin Described as follows:
PARCEL2A
Commencing at the Northwest Corner of said Fractional Section 25; thence North 89 degrees 52
minutes 15 seconds East, along the North Line of said Fractional Section 25, a distance of
2342.99 feet; thence North 16 degrees 54 minutes 00 seconds East, 2.64 feet to the point of
beginning; thence continuing North 16 degrees 54 minutes 00 seconds
East, 50.23 feet; thence North 90 degrees 00 minutes 00 seconds East, 59.99 feet; thence South
61 degrees 23 minutes 00 seconds East, 592.80 feet; thence 94.24 feet along an arc of a curve to
the right having a radius of 60.00 feet with a chord which bears South 16 degrees 23 minutes 00
seconds East, 84.85 feet; thence South 28 degrees 36 minutes 56 seconds West, 7.55 feet; thence
North 62 degrees 38 minutes 10 seconds West, along the Original Government Meander Line,
655.97 feet; thence North 55 degrees 38 minutes 10 seconds West, 39.65 feet to the point of
beginning.
Said parcel contains 51,165 square feet or 1.1746 acres.
And Also
PARCEL2B
Commencing at the Northwest Corner of said Fractional Section 25; thence South 00 degrees 04
minutes 48 seconds West, 748.66 feet; thence North 90 degrees 00 minutes 00 seconds East,
2657.15 feet to the point of beginning; thence 161.58 feet along an arc of a curve to the left
having a radius of 179.90 feet with a chord which bears South 30 degrees 45 minutes 36 seconds
East, 156.20 feet; thence North 45 degrees 00 minutes 00 seconds East, 35.40 feet; thence South
14 degrees 02 minutes 00 seconds East, 169.00 feet; thence South 77 degrees 47 minutes 00
seconds West, 60.60 feet; thence 264.38 feet along an arc of a curve to the left having a radius of
184.80 feet with a chord which bears North 64 degrees 04 minutes 40 seconds West, 242.40 feet;
thence South 74 degrees 57 minutes 00 seconds West, 45.03 feet; thence North 42 degrees 21
minutes 50 seconds East, along the Original Government Meander Line, 259.45 feet, to the point
of beginning.
Said parcel contains 33,038 square feet or 0.7584 acres
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And Also
PARCEL2C
Commencing at the Northwest Comer of said Fractional Section 25; thence South 00 degrees 04
minutes 48 seconds West, 1426.32 feet; thence North 90 degrees 00 minutes 00 seconds East,
2122.02 feet to the point of beginning; thence South 73 degrees 06 minutes 00 seconds East,
39.90 feet; thence South 16 degrees 54 minutes 00 seconds West, 50.00 feet; thence South 76
degrees 20 minutes 00 seconds East, 55.00 feet; thence South 18 degrees 26 minutes 00 seconds
West, 333.00 feet; thence South 57 degrees 20 minutes 00 seconds West, 75.64 feet; thence
South 89 degrees 13 minutes 00 seconds West, 67.76 feet; thence North 20 degrees 21 minutes
50 seconds East, along the Original Government Meander Line, 458.77 feet to the point of
beginning.
Said parcel contains 41,838 square feet or 0.9604 acres.
:pioneer legal exh b 8-16-06
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EXHIBIT C
EASEMENT DESCRIPTION
Part of Government Lots 1 and 2, Fractional Section 25, Town 18 North, Range 16 East,
City of Oshkosh, Winnebago County, Wisconsin, the centerline of a 17 foot wide
easement described as follows:
EASEMENT NUMBER 1
Commencing at the Northwest comer of said Fractional Section 25; thence North 89
degrees 52 minutes 15 seconds East, along the North line of said Fractional Section 25, a
distance of 2342.99 feet; thence South 16 degrees 54 minutes 00 seconds West, 234.54
feet to the point of beginning; thence South 69 degrees 38 minutes 28 seconds East, 84.83
feet; thence North 19 degrees 39 minutes 56 seconds East, 50.76 feet; thence North 19
degrees 00 minutes 49 seconds East, 95.09 feet; thence North 14 degrees 50 minutes 14
seconds East, 44.95 feet; thence North 16 degrees 09 minutes 48 seconds East, 38.53 feet;
thence 44.72 feet along an arc of a curve to the right having a radius of 20.50 feet with a
chord which bears North 69 degrees 02 minutes 54 seconds East, 36.36 feet; thence South
70 degrees 28 minutes 29 seconds East, 46.27 feet; thence South 63 degrees 33 minutes
29 seconds East, 43.61 feet; thence South 66 degrees 53 minutes 27 seconds East, 43.49
feet; thence South 60 degrees 45 minutes 37 seconds East, 33.98 feet; thence South 67
degrees 19 minutes 12 seconds East, 28.37 feet; thence South 66 degrees 16 minutes 02
seconds East, 57.19 feet; thence South 52 degrees 00 minutes 14 seconds East, 20.22 feet;
thence South 60 degrees 27 minutes 31 seconds East, 10.06 feet; thence North 40 degrees
09 minutes 41 seconds East, 16.38 feet to point a; thence South 61 degrees 24 minutes 28
seconds East, 69.13 feet; thence South 61 degrees 30 minutes 09 seconds East, 164.93
feet; thence South 11 degrees 53 minutes 24 seconds West, 115.13 feet; thence South 33
degrees 59 minutes 57 seconds West, 74.56 feet; thence South 31 degrees 52 minutes 43
seconds West, 87.49 feet; thence South 46 degrees 28 minutes 35 seconds West, 98.46
feet; thence South 65 degrees 33 minutes 25 seconds West, 47.11 feet; thence 140.85 feet
along an arc of a curve to the left having a radius of 190.68 feet with a chord which bears
South 31 degrees 29 minutes 22 seconds West, 137.67 feet; thence 226.84 feet along an
arc of a curve to the left having a radius of 249.19 feet with a chord which bears South 23
degrees 19 minutes 16 seconds East, 219.08 feet; thence South 48 degrees 11 minutes 49
seconds East, 71.33 feet; thence South 11 degrees 53 minutes 15 seconds East, 71.92 feet;
thence South 76 degrees 32 minutes 45 seconds West, 44.60 feet; thence North 47
degrees 10 minutes 18 seconds West, 110.66 feet; thence 130.36 feet along an arc of a
curve to the left having a radius of 146.06 feet with a chord which bears North 76 degrees
09 minutes 16 seconds West, 126.07 feet; thence South 75 degrees 25 minutes 52 seconds
West, 225.49 feet; thence 34.65 feet along an arc of a curve to the right having a radius of
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30.00 feet with a chord which bears North 71 degrees 28 minutes 51 seconds West, 32.76
feet; thence North 38 degrees 23 minutes 34 seconds West, 36.45 feet; thence 52.93 feet
along an arc of a curve to the left having a radius of 30.00 feet with a chord which bears
North 88 degrees 56 minutes 06 seconds West, 46.33 feet; thence South 40 degrees 31
minutes 21 seconds West, 91.74 feet; thence 32.15 feet along an arc of a curve to the
right having a radius of30.00 feet with a chord which bears South 71 degrees 13 minutes
38 seconds West, 30.64 feet; thence North 78 degrees 04 minutes 05 seconds West, 90.17
feet to the point of termination of this easement.
Also including a easement over the following described parcel; commencing at point a,
aforesaid; thence South 10 degrees 37 minutes 23 seconds East, 10.97 feet to the point of
beginning of easement 1a; thence South 61 degrees 24 minutes 28 seconds East, 62.20
feet; thence South 61 degrees 30 minutes 09 seconds East, 158.60 feet; thence South 11
degrees 53 minutes 24 seconds West, 17.74 feet; thence North 61 degrees 30 minutes 09
seconds West, 163.69 feet; thence North 61 degrees 24 minutes 28 seconds West, 65.70
feet; thence North 40 degrees 09 minutes 41 seconds East, 17.35 feet to the point of
beginning.
Said easement contains 3,826 square feet.
:pioneer legal Exh C 8-16-06
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SUBMERGED LANDS LEASE
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Document Number
Docmnent TItle
:14:15790
REGISTER'S OFFICE
WINNEBAGO COUNTY. WI
RECORDED ON
10/30/2006 01:27PM
JULIE PAGEL
REGISTER OF DEEDS.
RECORDING FEE
TRANSFER FEE
# OF PAGES
'71.00
31
Recording Are.
Name and Return Address
CITY ATTORNEY
PO BOX 1130
OSHKOSH, WI 54903-1130
903-0210
Parcel Identification Nnmber (PIN)
/./
This information must be completed by submitter: dOCllmmt title. name &: ruum address. and PIN (if required). Other information such ~
as the granting clauses, legal descripn'on, etc. may be placed on this first page of the document or may be placed 011 additional pages of the '1
document. l:!2!E..use of this cover page adds one page to your document and $2.00 to the recordin~ fu. Wisconsin SraMues, 59.517. WRDA 2/96
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SUBMERGED LANDS LEASE
Pursuant to Section 24.39(4) of Wisconsin Statutes, 2004-2005 This Lease is made by and
between the STATE OF WISCONSIN, acting by and through the BOARD OF COMMISSIONERS
OF PUBLIC LANDS (the "Lessor") and DECADE' S MONTHLY INCOME AND
APPRECIATION FUND, A LIMITED PARTNERSHIP, a Wisconsin Limited Partnership (the
. d'
"Lessee"), this /? day of June, 2006.
WHEREAS, the Lessee is the successor in interest in the following leases of land from the
Lessor:
(a) A Lease to the Chicago and Northwestern Railway Company dated November 19,
1964, and recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin, on
December 8,1964, in Volume 1091 of Records, Page 352, as Document No. 328885, which Lease
was modified by Amendment to Lease dated April 3, 1998, by and between the Lessor and
Oly/Montclair Wisconsin Hotels LLC ("Olyl Montclair"), as the then holder of the Lessee's
interest, and recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin, on
April 28, 1998, as Document No. 1006665, and further modified by Second Amendment to Leases
dated March 2, 1999, by and between the Lessor and Oly/MoQtclair and recorded in the Office of
the Register of Deeds for Winnebago County, Wisconsin, on March 12, 1999, as Document No.
1050035, and;
(b) A lease to the Norris Grain Company, entered into a Lease dated July 2, 1969, and
recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on November
13, 1969, in Volume 1257 of Records, Page 657 as Document No. 390248, which Lease was
QBMKE\5784387.2
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modified by Amendment to Lease dated April 3, 1998, by and between the Lessor and
Oly/Montclair, as the then holder of the Lessee's interest, and recorded in the Office of the Register
of Deeds for Winnebago County, Wisconsin, on April 28, 1998, as Document No. 1006665, and;
(c) Such leases are subject to Stipulation Agreement with the Wisconsin Department of
Natural Resources, Docket 3-NE-98-0554UF made as of November 20, 1998 concerning the use of
the premises, and;
(d) The Lessee's interest in these Leases was recorded as an Assignment of Leases
dated May 23, 2002, recorded in the Office of the Register of Deeds for Winnebago County,
Wisconsin, on May 28, 2002, as Document No. 1183720;
WHEREAS, the Lessor and the Lessee mutually agree to terminate the existing Leases and
to enter into a New Lease for the purpose of providing for the improvement of navigation and
harbor facilities, and to define the boundary between fee-owned land and leased lands subject to the
public trust, it being acknowledged that the Lessee is the riparian owner of lands adjacent to and
contiguous to the lands to be leased under this Lease.
NOW, THEREFORE, it is here~y agreed as follows:
1. The Lessor and Lessee hereby agree that the existing leases, including all amendments,
which are detailed in the recitals above are terminated. The parties also agree that the Stipulation
described in the recitals above is terminated. The terminations are effective as of the date of this
new Lease.
2. The parties agree that the meander lines established by the original Public Land Survey in
1835, as described in attached Exhibit n 1 which is incorporated herein by reference, shall serve in
QBMKE\5784387.2
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place of the undetermined ordinary high water mark throughout the property affected by this New
Lease, and shall serve as the line of division between fee-owned land and leased lands subject to
the public trust. The Lessee, at its expense, shall have the meanderline surveyed and permanently
monumented at all angle points and at a minimum of each 100 feet along straight line segments.
3. The Lessor hereby leases to the Lessee the area described in Exhibit r21 and illustrated by
map in Exhibit f31, which are incorporated herein by reference, (the "Premises"), for the purposes
of improvement of navigation or for the improvement or construction of harbor facilities.
4. When this New Lease has reached the end of its term, the Lessee or its successors or assigns
shall have the first opportunity to contract for a new lease.
5. The term of the New Lease will be for a period of fifty (50) years from the 1st day of June
2006, expiring on the 31 day of May 2056.
6. The rental fee of One Hundred Dollars ($100) per year shall be due, in advance, on or
before the anniversary date of execution of this New Lease each year commencing on the date of
execution hereof. A further administrative fee of Five Thousand (5,000) Dollars is due and payable
at the execution of the New Lease. These amounts shall be in addition to Lease payments
previously made by the Lessee and the Lessor acknowledges that such prior payments were made
in conformity with the leases existing at that time.
7. This New Lease may be assigned by the Lessee to a nominee, successor Of assign without
the further approval of the Lessor, provided however that the Lessee herein as well as the said
assignee shall be liable for all of the Lessee's obligations under this New Lease. Furthermore, the
Lessee must provide 15 day advance written notice to the Lessor of its intent to assign this Lease.
QBMKE\5784387.2
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8. This New Lease is issued under authority, and subject to the provisions, of Chapter 24.39
(4) of Wisconsin Statutes, 2003-2004.
9. The "Department of Natural Resources Findings Pursuant to Section 30.11, Wis. Stats.
Relating to the New Lease for Decade's Monthly Income and Appreciation Fund" dated May 13,
2006 pursuant to Notice given on February 22,2006, and the "Stipulation and Settlement
Agreement" between the State of Wisconsin Board of Commissioners of Public Lands, the
Wisconsin Department of Natural Resources, the City of Oshkosh, and Decade's Monthly Income
and Appreciation Fund, a Limited Partnership dated be(~mk.,... 26 , 2005 are incorporated
hereinafter as part of this New Lease, and attached as Exhibits r61 and r71.
10. The Lessee agrees to comply with any and.aIll~ws, lawful orders, rules and regulations, to
keep and maintain the Premises in a good and lawful condition and manner, to hold the Lessor
harmless from any and all demands or liability whatsoever because of, or on account of liens,
claims, or obligations of any nature whatsoever arising because of the future improvement of the
Premises or because of the condition or use of the Premises. Furthermore, the Lessee shall be
responsible for and timely pay any proper assessments or utility charges against the Premises.
11. It is further understood and agreed, that if the Lessee, or its assigns, shall violate any of the
conditions herein contained, or violate any of the provisions of the Stipulation and Settlement
Agreement which is executed simultaneously with this New Lease, or shall willfully or maliciously
do injury to the Premises, at the option of the Lessor, this Lease shaIl be void as to the Lessee,
provided however that upon such violation of any of the terms of the New Lease or the Stipulation
and Settlement Agreement, the Lessor shall give notice to the Lessee and to Lessee's assign,
nominee, successor or other party, as designated by Lessee, of such violation and the Lessee shall
QBMKE\5784387.2
have thirty (30) days in which to cure the violation, and if at the expiration of said thirty (30) days
such violation has not been cured to the satisfaction of the Lessor, then the Lessor, or its legal
representatives, shall be entitled to the immediate possession of the Premises, without hindrance or
delay, and to seek recovery from the Lessee of all damages sustained due to the claimed violation
by the Lessee.
12. The Lessee covenants and agrees to pay and discharge all reasonable costs, attorneys fees
and all other expenses that shall be incurred by the Lessor in enforcing the covenants and
agreements of this New Lease.
IN WITNESS WHEREOF, the Lessor has caused this Lease to be executed on its behalf
by the Secretary of the Board of Commissioners of Public Lands, and the Lessee has caused this
Lease to be executed on its behalf by its G~~ 7k ~, all as of the date first written above.
STATE OF WISCONSIN )
)
COUNTY OF DANE )
Personally caine before me this It & day of June, 2006, the above named Tia Nelson, known to
me tq 1?~fl~p S,ecreyrryof the Wisconsin Board of Commissioners of Public Lands, and
. ackllowl . hat she did e cute the foregoing instrument.
. /3
Lessor:
~LSioners of Public Lands
. elson, Secretary
,_J, _ n _" .'
"'~N' ~y. l?U~~i~.s~ate of Wisconsin ~
'"My CommlsslOn: I~. ~ WllNC.
.\ /
" i ,~
Lessee:
DECADE'S MONTHLY INCOME AND APPRECIATION
FUN~.. ALl M. ITEDPARTNERSHI.P '.
o , 41/6. P U. <:.. "').... ~.1l
By: ' , lu..;...~ y~~
QBMKE\5784387.2
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..
ST ATE OF WISCONSIN )
)
COUNTYOF W\'r\f\fl1t{~O )
Personally came before me this d.3 day of ~ ~UlJr , 2006, the above. named
'3e4' ke'i-er-Ieber , known to me to be the ~'e~.J.:~ of the DECADE'S
MONTHLY INCOME AND APPRECIATION FUND, A LIMITED PARTNERSHIP, and
acknpwlettged. that he did execute the foregoing instrument.
",", \ 'i;. D^, "'.,
\:;~ >- ..... f\.~' ~ .
,'''~~:~ )i5~~)~
N~tar)f,Puplf<3 S ta{g~ of WiSCOnjin
~y C<1imms;~one~~p'ln?S. 7 ,[SLeW 10
" ~._'j:l """'~_,~'~ J~,:: ,;;'
This instrument drafted by Thomas P. German, Deputy Secretary, Wisconsin Board of Commissioners of
Public Lands.
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t.f># t '~
http://images.library . wisc.edu/imageCon version/EFacs4.img?collection=Survey N otes&res... 6/22/2006
fiUG.15.2006 2:37PM
SCHMITT TITLE & ESCR
NO. 307
P.2
File Number; 945638
Decade's Monthly Income
and Appreciation Fund
I
ENDORSEMENT
Issued by
Chicago Title lJuurance Company
'It
1t
*
*
*
*
-It
,.
The above referenced Commitment ill hereby amended as.follows:
SCHEDULE A
Effective Date: July 27j 2006@ 7:30 A.M.
3. The land referred to in this Commitment is described as follows:
(See Attached)
SCHEDULE B-ll
Exception No. 2. is hereby deleted.
Da.ted: August 15) 2006
This endorsoment is made a part of the eomnriwent or policy. It i$ subject to all1he tenns of the commitment or
policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates ~d amount of the
COmrnitmeIlt or policy iUJd prior endorsements are not chlmged.
Chicago Title lnsu.ance Compauy
13y Schmitt Title &; :Escrow 90%1'" Age(l.t
~ro'
. .
Michae1 J. Skoglind, Authorized Signatory
PAGE 214 ~ RCVO AT 8/15/2G06 2:~3:47 PM tCenlral Daylight Time] i SVR:MKE-AS-NTRFAX1./1 'DHlS:8667' CSID:920 2361030 t DURATION (mm-ssl:0146
AUG.1S.2006 2:38PM
SCHMITT TITLE & ESCR
NO. 307
P.3
Legal Description.:
p
Part of FRACTIONAL SECTION 2.4 and Part of GO\TERN.MENT LOT~ 1
FR.A.CTlO'NAL SECTION 25, Town 18 North, Range 16 East, City of
County, Wisconsin described as follows:
Conunenaing ~t the Northwest corner of said Fractional
minutes 15 seconds east, along the North line of s . na1 Section 25j a distance of 2342.99
feet to the pomt ofbeginningi thence north . er> 54 rninutea 00 second/l ea~> 2.64 fee~
thence south 55 degreell .3 8 minutell 1 a east, ~dang the original government melUlder line,
39.65 feet; thence south 62 degr inutes 10 seConds east. along said origmal government
meander line, 726.00 feeti u1h 42 degrees 2l minutes SO aeconds west, along said
origir.a1 governmen line, 1254.00 feetj thence south 20 degrees 21 minutes 50 seconds
west, alongsai government meander line, 620.36 feet; thence south 89 degrees 13
minutes < . cis west, 178.56 feet; thence north 16 degrees S4 minutes 00 seconds east, along
tll of way line of Pioneer Drive, 1546.26 feet~ thence north 73 degrees 06 minutes 00
es 54 minutes 00
P MeEL 2
,
A leasehold estate, as said term is defined in the leasel101d endorsement, created by ground lease
dated made by and between the State of Wisconsin, as Lessor and Decade's
Monthly Income and Appreciation Fund, a Limited Partnership, as Lessee demising the following
described lands:
Parcel 2A
Part of and land contiguous to FRACTIONAL SECTION 24 and part of and lands contiguous to
GOVERNMEN'l'LOT 1, FRACTIONAL SECTION ~S, Town 18 }iorth, Range 16 Ea/lt, City of
Oshkosh, Winnebago County, Wisconsin described as follows:
Commencing at the Northwest comer of said Fractional Section 25: thence north 89 degrees 52
minutes 15 seconds east, along the 'M' orth line of Il~id Fractional Section 2S, a dilltance of 2342.99
feet; thsnce north 16 desrees 54 minutes 00 seconds east, 2.64 feet to the poi,nt ofbe~g:
thence continuing north 16 degrees 54 minutes 00' seconds east, 50.23 feet; thence north 90
degrees 00 minutes 00 seconds east, 59.99 feet; thence south 61 degrees 23 minutes 00 seconds
east, 592.80 feet; thence 94.24 feet along an arc ora C1.ll"'{e to the right ha"ling a. radius of 60.00
feet with a chord which bears south 16 degrees 23 minutes 00 seconds east, 84.85 feet; thence
SO~lth 28 degrees 36 minutes S9 seconds west, 1.55 feet; thence north 62 degrees 38 minutes 10
seconds west, along the original government meander line, 655.97 feet; thence north 55 degrees
38 minutes 10 aeconds west, 39.65 feet, to the point ofbeginninB-
AND ALSO
~ .
PAGE 3/4! RCVO AT &/1512006 2:43:41 PM tCenlral Da~ight Time] i SVR:MKE.AS-NTRFAX1f1! DNlS:&667! CSID:920 2361030 ~ DURATION Imm.ssl:0146
AUG. 1'5.2006 2:38PM
SCHMITT TITLE & ESCR
NO. 307
P.4
Parce12B
Commencing at the Northwest comer of said Fractlor+al Section 25; thence south 00 degrees 04
milmtes 48 seconds west; 748.66 feet; thence north 90 degrees 00 minutes 00 seconds east,
2657.15 feet to the point ofbeginningj thence 161 ,58 'feet along an axe ofa C1:lX\"e to the left
having a radius of 179.90 feet with a chord which bellTS south 30 degrees 45 minutes 36 seconds
east, 156.20 feet; thenoe north 45 de~ees 00 minutes 00 seconds east, 35.40 feet~ thence south 14
degrees 02 minutes 00 seconds east, 169.00 feet; thenoe south 77 degrees 47 minutes 00 seconds
west. 60.60 feet; thence 264.38 feet along an arc ofa curve to the left ha~g a radius ofl84.80
feet with a chordwhich bears north 64 degrees 04 minutelJ 40 seconds we~ 242.40 feet; thence
south 74 degrees S7 minutes 00 seconds west, 45.03 feet; thence north 42 degrees 21 minutes 50
lieconds east, along tp.e original government meander UneI 259.45 feet, to the poi.,t ofbegimrlng.
AND ALSO
Parce12C
Commencing at the Northwest corner of said Fractional Section 25; thence south 00 degrees 04
minutes 48 seconds west, 1426.:32 feet; thence north 90 de~ees 00 minutes 00 seconds east,
2122.02 feet to the point of beginning; thence south 73 degrees 06 minutes 00 seoonds ealit, 39.90
feet; thence south 16 degrees 54 minutes 00 seconds west, 50.00 feet; thence south 76 degrees 20
minutes 00 ~econds eas~ 55.00 feet; thence south 18 degrees 26 mlnutes 00 seconds west, 333.00
feet; thence south 57 degrees 20 minutes 00 seconds west, 75.64 feeti thence south 89 degrees 13
minutes 00 seconds west, 67.76 feet; thence nort.h]'O degrees 21 minutes SO seconds east. along
the original government meander line, 458.77 feet to the point of beginning.
PAGE 414 ~ RCVO AT 811512006 2:43:47 PM {Central Daylight Time] * SVR:MKE-AS-NTRFAX111IDNIS:866P CSID:920 2361030 * DURATION (mm-ss):0146
"
DEPARTMENT OF NATURAL RESOURCES FINDINGS
PURSUANT TO SECTION 30.11, WIS STATS.
RELATING TO THE NEW LEASE FOR
DECADES MONTHLY INCOME AND APPRECIATION FUND
The Department of Natural Resources (Department) has reviewed the Submerged Lands Lease
("New Lease" attached as Exhibit D to the Stipulation and Settlement Agreement) from the State
of WI, Board of Commissioners of Public Lands (Lessor) to Decades Monthly Income and
Appreciation Fund, a Limited Partnership (Lessee) as required under Sections 24.39 and 30.11,
Stats., and hereby finds:
The "New Lease" was developed as part of a Stipulation and Settlement Agreement
between the Wisconsin Department of Natural Resources, the State of Wisconsin Board
of Commissioners of Public Lands, the City of Oshkosh, and Decade's Monthly Income
and Appreciation Fund, a Limited Partnership, ("the Parties") relating to the Lessor's
proposed redevelopment of the portion of the leased lands which was previously
occupied by the Pioneer Inn Hotel. After lengthy negotiations between the Parties, the
Stipulation and Settlement Agreement (attached hereto and made a part hereof) was
entered into between the Parties.
The Department issued a Notice of Proposed Submerged Lands Lease relating to this
matter on February 22,2006, pursuant to sub. 30.11(5), Stats. There were no comments
received in response to the Public Notice.
The Department finds that the New Lease is in the public interest so long as the lease
provisions and the terms of the Stipulation and Settlement Agreement are complied with.
Dated this (~~day of May, 2006.
~~-
Wisconsin Department of Natural Resources by
Scott Hassett, Secretary
~
STIPULATION AND SETTLEMENT AGREEMENT
THIS AGREEMENT is made this2tr~ay of December 2005, by and among, The State of
Wisconsin Board of Commissioners of Public Lands ("BCPL"),the Wisconsin Department" of
NaturalResources ("DNR"), the City of Oshkosh (the "City") and Decade's Monthly Income and
Appreciation Fund, a Limited Partnership ("Decade's").
RECITALS
A. Decade's owns certain lands located in the City of Oshkosh (the "Property") shown
on the attached Exhibit A which is incorporated herein by reference. BCPL currently leases to
Decade's, as successor Lessee, certain lands on and adjacent to the Property pursuant to leases
originally executed in 1964 and 1969 (the "Original Leases"). The Original Leases with subsequent
amendments are attached hereto as Exhibits Band C. DNR and a previous lessee entered into a
Stipulation Agreement in 1998 (the "1998 Stipulation"). A portion of the lands subject to the
Original Leases (shown in yellow and blue on Exhibit A) was under water atthe time the Original
Leases were executed and such submerged lands were subsequently filled. A portion of the
1 t
footprint of the original Pioneer Inn extends onto the lands leased to Decade'sbyBCPL as shown
on Exhibit.(\.. Decade's wants the State of Wisconsin to release any, claims it may have with respect
to interests in property located landward of the original meander lines (as opposed to the ordinary
high water mark). Furthermore, Decade's asserts that it has a claim to fee title ownership of some
of the lands it currently leases. Decade's would like to formalize its rights with respect to such
property so that it can proceed with construction of improvements.
QBMAD\250400.20020\402261.3
~
B. BCPL asserts that it holds interests in the lands marked in yellow and blue on
Exhibit A in trust for the Stateof Wisconsin as submerged lands. In recognition of the difficulties
in defining the historical ordillafyhigh water mark on the property, BCPL is willing to use the
original meander lines as the dividing lines between fee-owned land and lands subject to the New
Lease ("Leased Lands"). Furthermore, BCPL is willing toleaseland to Decade's pursuant to its
statutory authority under Wis. Stat. Section 24.39(4)(a)(1) "for the improvement of navigation or
for the improvement or construction of harbor facilities... "
C. The City has established a TIP districtthat includes the Pioneer Inn and the
surrounding land. The City wants to facilitate the redevelopment of the Property as a key financial
component of the TIP district and as a way to draw people to the waterfront in the City. The City
plans to construct a public walkway along the waterfront on portions of the Property and the Leased
Lands.
D. The DNR and BCPL dispute Decade's right to rebuild the Pioneer Inn on the portion
of its footprint that lies on land leased under the Original Leases orto develop any portion of the
lands leased under the Original Leases that lie waterward of the original meander lines except "for
the improvement of navigation or for the improvement or construction or harbor facilities."
Decade's disagrees with the DNR and BCPL and believes it has a right to rebuild the Pioneer Inn
on the portion of its footprint that lies on land leased under the Original Leases and to develop such
land in accordance with the terms of the Original Leases.
E. The parties desire to settle their dispute and enter into this Agreement to avoid
extended litigation. This is a settlement of disputedclaims.
NOW, THEREFORE, the parties agree as follows:
QBMAD\250400.20020\402261.3
4'
1 Terminati~l1 of Original Leases. The Original Leases between BCPL and
Decade's shall be terminated and neither party shall have any continuing dghtsor responsibilities
under such Original ;Leases or any amendments thereto.
2. Termination of 1998 Stipulation. The 1998 Stipulation in DNR DOcket 3-
NE-98-0554UF between the DNR and Decade's predecessor in interest, Oly/Montclair, shall be
terminated and neither DNR nor Decade's shall have any continuing rights or responsibilities under
the 1998 Stipulation.
3. The New Lease. BCPL and Decade's shall enter into a new lease which is
attached hereto as Exhibit D and incorporated herein by reference (the "New Lease"). BCPL and
DNR acknowledge that Decade's is theriparian owner of the lands adjacent and contiguous to the
Leased Lands based upon the title commitment covering the Property attached hereto as Exhibit
and incorporated herein by reference. This Agreement does not affect Decade's riparian rights
associated with the Property to the extent they are exercised in accordance with the requirement for
enhanced public access described in Section 5 below.
4. Recognition of Meander Lines. The parties agree that the meander lines
established by the original Public Land Survey in 1835, as described in attached Exhibit A, shall
serve in place of the undetermined ordinary high water mark throughout the property gffected by
this Agreement, and shall serve as the line of division between fee-owned land which the State will
not claim an interest in .and Leased Lands subject to the public trust. Nothing in this Agreement,
however, shall operate to waive Decade's obligations under \-Vis. Stat. Chapter 30, or other laws of
general application, to obtain permits or authorizations from the State prior to placing fill or
QBMAD\250400.20020\402261.3
4'
structures on, or dredging, any submerged lands, for purposes of this Agreement meaning property
actually covered by water, owned by Decade's.
5. Enhanced Public Access. The Parties shall work cooperatively to provide
enhanced public access to and recreational uses of (1) the Leased Lands; (ii) certain parts of
Decade's Property to be used for a public walkway; and (iii) certain lands located south of Decade's
Property (including the breakwater area). The parties acknowledge that the present owner of those
certain lands located south of Decade's Property is not a party to this Agreement and no party to
this Agreement has an obligation to acquire additional property interests to achieve such goal.
However, the City shall make a 'good faith effort to acquire such property south of Decade's
Property. The areas where enhanced public access and use are to be provided are shown on
attached Exhibit E. The enhanced public access shall include, at a minimum, provisions for
dedicated public parking South and Northwest of Decade's Property and the Leased Lands
(contingent upon the City's acquisition of a portion of the Canadian National Railroad right-of-way
in said area), provision of paths for pedestrian and bicycle travel, and physical access to the shore
for fishing, temporary boat and/or canoe tie ups and other recreational pursuits. The City has
submitted to the BCPL, DNR, and Decade's for approval, plans for the proposed physical facilities,
- t
plans for the provision of public access and use of the area (including any proposed limitations on
public use or requirements precedent to use by the public), plans for future maintenance of the
facilities and the documents that assure the necessary property rights to maintain public access
(hereinafter "PlanslDocuments"). Attached hereto as Exhibit "F" are the PlanslDocuments which
are hereby approved by the Parties.
t
6. Lakefront Easement to City, Construction of Walkway. Decade's shall
provide an easementto the City for public ingress and egress and recreational use along the Leased
QBMAD\250400.20020\402261.3
...
Lands and also along a portion of thelakefront Decade's owns in fee simple. This easement shall
allow the Cityto connect waterfrontwalkways described in Section 5 above between the Leased
Lands and the marina facilities. The easement area would start at the Northwestern point of the
Leased Lands and continue around the perimeter of Decade's Property to the marina facilities to the
South, in places traversing the Property owned by Decade's. The easement area is marked in red on
Exhibit E. The City isresponsible for constructing and maintaining the easement area. The City
shall complete the necessary acquisition and installation of public facilities as soon as reasonably
possible, will commence construction of the walkway 9n the easement area at the same time
Decade's constructs improvements on the Property, will complete that portion of the walkway
proposed for the Property and Leased Lands between the connections for the two existing
pedestrian bridges depicted in Exhibit E by the time Decade's completes its improvements and the
balance of the walkway improvements will be completed by the City no later than 6 years from the
date of the commencement of construction. The easement provided by Decade's for ingress and
egress and recreational use as stated in this paragraph will limit the uses of the easement area solely
for these purposes and will specifically allow the City's law enforcement personnel to remove
individuals from the easement area if they have been asked to leave the Property or the Leased
I ·
Lands due to reasons that constitute disorderly conduct under state law or City ordinance or a
violation of the City's noise ordinance and the individual attempts to use the easement area to avoid
removal. The other parties shall, to the extent reasonably possible, provide support to assist the
City in the dev.elopment of these facilities and shall not unreasonably r~fuse requests for state
. .
permits that may be required for the walkway. The Parties and their assignees/successors will
.
execute and authorize any document necessary to extend the easements beyond the expiration of
the NewLease which may be necessary to allow the City to maintain the walkways which are the
QBMAD\250400.20020\402261.3
,,'
subject of this Agreement in perpetuity (the "Execution/Authorization Obligation"). The
Execution/ Authorization Obligation shall run with the land whichis subjectto the walkway and
~, ' . '. '.- ..-.
shall be binding uponall subsequent owners of such land.
7. Agreement To Refrain From Certain Building On Leased Lands or
Submerged Lands Subject to the Public Trust. The origirial Pioneer Inn was demolished in
2004 and Decade's willnot rebuild the Pioneer Inn on any Leased Lands or submerged lands
subject to the public trust, and any improvements on the Leased Lands will be "for the
improvement of navigation or for the improvement or construction of harbor facilities. .."
including the enhanced public access as more particularly described in paragraph 5 of this
Agreement. Decade's may undertake construction activities and place any improvements on the
Property landward of the original meander lines described in paragraph B above subject to
applicable local, state and federal regulations.
8. Release of Claims by Decade's, Covenant Not to Sue. Decade's hereby
releases DNR and BCPL and their respective heirs, executors, administrators, legal representatives,
successors, and assigns, of and from all past and present claims, actions, obligations, costs,
t expenses, compensation and demands which Decade's now has or may have against DNR and
BCPL arising under the Original Leases, the 1998 Stipulation, or the State's claim of interest in the
Leased Lands, provided, however, that Decade's does not release its rights as a riparian in such
lands. Decade's covenants not to assert ownership of the Leased Lands and covenants not to sue
DNR, BCPL or the State of Wisconsin regarding ownership of the Leased Lands or the restrictions
on use of the LeasbdLands stated in the New Lease. In accordance with tnis release, Decade's shall
immediately withdraw the Notice of Claim dated March 21, 2005, and filed by Jeffrey Keierleber
as General Partner of Decade Companies and as President of Decade 80, Inc., the other General
QBMAD\250400.20020\402261.3
.
...
Partner of Decade Companies, as the. General Partner of Decade's. If there is. a successful third
. party challenge to this Agreement, the Findings pursuant to Section 30.11 by the DNR, or the New
Lease which results in a change to the boundaries of Decade's fee-owned uplands from the
boundaries described in paragraph 4 (hereinafter the "Successful Challenge"), the release stated in
this paragraph' and the provisions of Paragraph 7 above will be null and void. Decade's may
reinstate its Notice of Claim within 60 days of the entry of judgment of the Successful Challenge. Such
reinstated Notice of Claim shall relate backto the date of the original Notice of Claim, filed on March 21,
2005, and be subject to any and all defenses available to DNR and BCPL against the original Notice of
Claim. In that event, the Original Leases and the 1998 Stipulation will govern the rights of the
parties insofar as the Original Leases, or any agreed-upon extension, have not expired provided,
however, that BCPL, DNR and Decade's agree to execute any necessary agreements reasonably
required by the City to continue the City's walkway in the areas described in pars. 5 and 6 which
agreements become necessary as a result of the Successful Challenge.
9. Release of Claims by BCPL and DNR, Covenant Not to Sue. BCPL and
DNR hereby release Decade's and its respective heirs, executors, administrators, legal
representatives, successors, and assigns, from all past and present claims actions, obligations, costs,
expenses, compensation, and demands which BCPL or DNR now have or may have against
Decade's arising under the Original Leases, the 1998 Stipulation, or the State's claim of interest in
the lands covered by the Original Leases (that are not leased under the New Lease). BCPL and
DNR covenant not to assert ownership of such lands covered. by the Original Leases (that are not
leased under the New Lease) and covenant not to sue Decade's regarding ownership or use of such
I.
lands covered by the Original Leases (that are not leased under the New Lease). If there is a
Successful Challenge to this Agreement, the Findings pursuant to Section 30.11 by the DNR, or the
QBMAD\250400.20020\402261.3
..
New Lease which results in a change to the boundaries of Decade's fee-owned uplands from the
boundaries described in paragraph 4, the release stated in this paragraph will-be null and void. In
that event, the Original Leases and the 1998 Stipulation will govern therights of the parties Insofar
as the Original Leases, or any agreed-upon extension, have not expired provided, however, that
BCPL, DNR and Decade's agree to execute any necessary agreements reasonably required by the
City to continue the City's walkway in the areas described in pars. 5 and 6 which agreements
become necessary as a result of the Successful Challenge.
10. No Admission or Precedent. Nothing contained in this Agreement shall be
used in any legal action other than in an enforcement action brought with respect to this
Agreement, the New Lease, the Findings Pursuant to Wisconsin Statutes Section 30.11 by the
DNR, or an action brought by a third party challenging this Agreement, the New Lease, or the
Findings Pursuant to Wisconsin Statutes Section 30.11 by the DNR, or if the releases stated in this
Agreement are nullified due to a Successful Challenge.
11. Enforcement. Enforcement of this Agreement may be done by proceedings
at law or in equity against any party violating or attempting or threatening to violate any term or
condition of this Agreement. Such proceedings may be brought to restrain or'prevent any violation'
or to obtain any other permissible relief. If a suit is brought to enforce this Agreement, the
prevailing party shall be entitled to recover its costs, inc1uding'reasonable attorneys fees from the
nonprevailing party.
12. Effective Date. This Agreement shall become effective upon the execution
by all of the undersigned.
13. Miscellaneous.
QBMAD\250400.20020\402261.3
~.
a. Entire Agreement/ AmendmentlBinding Effect. . This Agreement
contains the entire understanding by and among the parties regarding the settlement of all claims
arising under the Original Leases and the ownership of lands leased pursuant to the Original Leases
and ownership of the Leased Lands. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement
and duly executed by all the parties. This Agreement shall be binding upon and inure to the benefit
of and be enforceable by the parties and their respective heirs, executors, administrators, legal
representatives; successors, and assigns.
b. Counterparts. This Agreement maybe executed in several
counterparts, each of which shall be deemed an original, but all of which shall constitute one and
the same instrument.
c. No Waiver. Any failure of any party to comply with any obligation,
covenant, agreement, or condition herein may be waived only by written notice by the party
entitled to the performance of such obligation, covenant, or agreement or who has the benefit of
such condition. However, the failure of any party at any time or times to require performance of
any provi~ion of this Agreement shall in no manner affect the right at alater time to enforce that
provision. No waiver by any party of any breach of any term contained in this Agreement, whether
by conduct or otherwise, in anyone or more instances, shall be deemed to be or construed as a
further or continuing waiver of any such breach or a waiver of any other term contained in this
Agreement.
d. Governing Law/Jurisdiction/Service of Process. This Agreement
shall be governed by and construed in accordance with the laws ofthe State of Wisconsin. The
QBMAD\250400.20020\402261.3
:!!
\.
parties agree that any action regarding this Agreement shall be brought in WinnebagoCounty
Circuit Court and the parties further agree that
jurisdiction.
e. Notices. Any notice given under this Agreement shall be in writing
and shall be delivered personally or sent by certified mail, postage prepaid to the address of the
party noted below:
To the BCPL:
Board of Commissioners of Public lands
125 S. Webster Street, Room 200
PO Box 8943
Madison, WI 53708-8943
To the DNR:
WI Department of Natural Resources
101 S. Webster Street -
PO Box 7921
Madison, WI 53707-7921
To the City:
CITY OF OSHKOSH
CITY CLERK'S OFFICE
PO BOX 1130
215 CHURCH AVE
OSHKOSH WI 54903-1130
To Decade's:
DECADE PROPERTIES INC.
N19 W24130RIVERWOOD DR
WAUKESHA WI 53188
ATTN: JEFF KEIERLEBER
QBMAD\250400.20020\402261.3
.!II
~,
f. Captions/Gender and Number. The captions in this Agreement are
solely for convenient reference and shall not be deemed to affect the meaning or interpretation of
any article, section, or paragraph. All personal pronouns used in this Agreement shall include the
other gender whether used in the masculine or feminine or neuter gender, and the singular shall
include the plural whenever and as often as may be appropriate.
g. Further Assurances. The parties agree that they shall deliver all
further documents and do all further acts necessary and desirable to consummate the transaction
contemplated by this Agreement.
h. No Presumption. This Agreement or any section of this Agreement
shall not be construed against any party due to the fact that this Agreement or any section of this
Agreement was drafted by or on behalf of said party.
1. No Reliance On Other Representations. By their signatures below,
the parties to this Agreement hereby certify, each to the other, that prior to signing this Agreement,
each party has read this Agreement and fully understands its terms. Each party executes this
Agreement without any reliance on any representations made by any other party, except for those
I
representations contained in this Agreement.
J. Certification. Each individual executing this Agreement certifies
that he or she has authority to execute this document on behalf of the entity he or she is signing for.
k. Severability. In the event that any portion of this Agreement should
be invalid under applicable law, then such portion is to be modified in the letter and spirit of this
Agreement, to the extent permitted by applicable law so as to be rendered valid. Any portion of
QBMAD\250400.20020\402261.3
t!l
this Agreement which is invalid under applicable law shall not render this Agreemelltor any part
thereof invalid, except as described in paragraphs 8 and 9, but such invalid portion shall be
inapplicable until the parties hereto have made appropriate changes in accordance with applicable
law to achieve the spirit of the invalid provisiolls.
CAUTION: READ THIS DOCUMENT COMPLETELY BEFORE SIGNING AS IT
AFFECTS LEGAL RIGHTS YOU MAY HA VEAND CONTAINS A RELEASE OF
CLAIMS.
IN WITNESS 'WHEREOF, the parties hereto have executed this Agreement as of the date
written on page 1 of this Agreement.
Decade's:
Decade's Monthly Income a.n:d Appreciation Fund, a Limited Partnership
'""'D't'Y\ , it -:+ G.. P LL c..:
/L~~~l~ -r~$'Y~
By:
, General Partner
City of Oshkosh
B.Xf'.--. ' / I
Q-vo -'- # -. ~, t
"~-"'" " ".". .", I,
~r"-}~-~>~J~i ~gi~'" ~-
Wlsconsm Board of commlsslJers of Pu~~c ~s
B~fJ~
77A AJE1..~~, eXE(!(.J7I~ ~eRdltl'r'
Wisconsin Departm~e. of N a tur. al Resources
5,r"~; -
By: .....;..........1'1 ~~,
QBMAD\250400.20020\402261.3
STIPULATION AND SETTLEMENT
AGREEMENT
Document Number
Document TItle
141578"9
REGISTER'S OFFICE
WINNEBAGO COUNTY. VI
RECORDED ON
10/30/2006 01:27PM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 137.00
TRANSFER FEE
# OF PAGES 64
Recording Area
City Attorney
PO Box 1130
Oshkosh, WI 54903-1130
903-0210
Parcel Identification Number (PIN)
/.;/
This instrument was drafted by:
Attorney Thomas P. German
PO Box 8943
Madison, WI 53708-8943
This information must be completed by submitter: document tille, name &: return address, and PIN (if required). Olher informatioll SIJcJl
as the granting cwuses. legal description, etc. may be pwced on this first page of the document or may be pwced 011 additional pages of the
document. !:i2JE. .Vse of this cover page adds one page to your document and $2.00 to the record/nft. fa. Wisconsin Statuta, 59.517. WRDA 2/96
Tax Key Number: 903-0210
LEGAL DESCRlPTION
PARCEL 1
DESCRIPTION OF PARCELS
Page 1 of 3
PIONEER INN PROPERTY
Part Of Fractional Section 24 and Part of Government Lots 1 and 2, Fractional Section 25, Town
18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin
Described as follows:
Commencing at the Northwest Comer of said Fractional Section 25; thence North 89 degrees 52
minutes 15 seconds East, along the North line of said Fractional Section 25, a distance of
2342.99 feet to the point of beginning; thence North 16 degrees 54 minutes 00 seconds East, 2.64
feet; thence South 55 degrees 38 minutes 10 seconds Bast, along the Original Government
Meander Line, 39.65 feet; thence South 62 degrees 38 minutes 10 seconds Bast, along said
Original Government Meander Line, 726.00 feet; thence South 42 degrees 21 minutes 50
seconds West, along said Original Government Meander Line, 1254.00 feet; thence South 20
degrees 21 minutes 50 seconds West, along said Original Government Meander Line, 620.36
feet; thence South 89 degrees 13 minutes 00 seconds West, 178.56 feet; thence North 16 degrees
54 minutes 00 seconds Bast, along the East right of way line of Pioneer Drive, 1546.26 feet;
thence North 73 degrees 06 minutes 00 seconds West, along said East right of way line, 5.00
feet; thence North 16 degrees 54 minutes 00 seconds East, along said East right of way line,
400.49 feet to the point of beginning.
Said parcel contains 715,391 square feet or 16.4231 acres.
:pioneer legal exh a 8-16..Q6
-.." . ~ .. -" . . -' .
-'."- .-----.- ---.-.--.-.....-.-..--...--....--. '.'''-''-'--'' -- .-..---.-. ...----_. ..... -.--'--
DESCRIPTION OF PARCELS
Page 2 of 3
LEASED LANDS
PARCEL 2
Part of all land contiguous to Fractional Section 24 and part of all Lands Contiguous to
Government Lot 1, Fractional Section 25, Town 18 North, Range 16 East, City of Oshkosh,
Winnebago County, Wisconsin Described as follows:
PARCEL 2A
Commencing at the Northwest Comer of said Fractional Section 25; thence North 89 degrees 52
minutes 15 seconds Bast, along the North Line of said Fractional Section 25, a distance of
2342.99 feet; thence North 16 degrees 54. minutes 00 seconds Bast, 2.64 feet to the point of
beginning; thence continuing North 16 degrees 54 minutes 00 seconds
East, 50.23 feet; thence North 90 degrees 00 minutes 00 seconds East, 59.99 feet; thence South
61 degrees 23 minutes 00 seconds East, 592.80 feet; thence 94.24 feet along an arc of a curve to
the right having a radius of 60.00 feet with a chord which bears South 16 degrees 23 minutes 00
seconds Bast, 84.85 feet; thence South 28 degrees 36 minutes 56 seconds West, 7.55 feet; thence
North 62 degrees 38 minutes 10 seconds West, along the Original Government Meander Line,
655.97 feet; thence North 55 degrees 38 minutes 10 seconds West, 39.65 feet to the point of
beginning. -,
Said parcel contains 51,165 square feet or 1.1746 acres.
And Also
PARCEL 2B
Commencing at the Northwest Comer of said Fractional Section 25; thence South 00 degrees 04
minutes 48 seconds West, 748.66 feet; thence North 90 degrees 00 minutes 00 seconds East,
2657.15 feet to the point of beginning; thence 161.58 feet along an arc of a curve to the left
having a radius of 179.90 feet with a chord which bears South 30 degrees 45 minutes 36 seconds
East, 156.20 feet; thence North 45 degrees 00 minutes 00 seconds East, 35.40 feet; thence South
14 degrees 02 minutes 00 seconds East, 169.00 feet; thence South 77 degrees 47 minutes 00
seconds West, 60.60 feet; thence 264.38 feet along an arc of a curve to the left having a radius of
184.80 feet with a chord which bears North 64 degrees 04 minutes 40 seconds West, 242.40 feet;
thence South 74 degrees 57 minutes 00 seconds West, 45.03 feet; thence North 42 degrees 21
minutes 50 seconds East, along the Original Government Meander Line, 259.45 feet, to the point
of beginning.
Said parcel contains 33,038 square feet or 0.7584 acres
...". -....- .-, .... ... .. -." ... .-...
"_.- .........-. ..-....--... .~... ....--- .... ....' .
- .' -- ,. ...' ... ... .
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..'_._."-"- --...-"."
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..-...-.-...--.-.-....-
DESCRIPTION OF PARCELS
Page 3 of 3
And Also
PARCEL 2C
Commencing at the Northwest Comer of said Fractional Section 25; thence South 00 degrees 04
minutes 48 seconds West, 1426.32 feet; thence North 90 degrees 00 minutes 00 seconds East,
2122.02 feet to the point of beginning; thence South 73 degrees 06 minutes 00 seconds East,
39.90 feet; thence South 16 degrees 54 minutes 00 seconds West, 50.00 feet; thence South 76
degrees 20 minutes 00 seconds East, 55.00 feet; thence South 18 degrees 26 minutes 00 seconds
West, 333.00 feet; thence South 57 degrees 20 minutes 00 seconds West, 75.64 feet; thence
South 89 degrees 13 minutes 00 seconds West, 67.76 feet; thence North 20 degrees 21 minutes
50 seconds East, along the Original Government Meander Line, 458.77 feet to the point of
beginning.
Said parcel contains 41,838 square feet or 0.9604 acres.
:pioneer legal exh b 8-16-06
Dece,mber 20, 2005
STIPULATION AND SETTLEMENT AGREEMENT
THIS AGREEMENT is made this ~day of December 2005, by and among, The State of
Wisconsin Board of Commissioners of Public Lands ("BCPL"), the Wisconsin Department of
Natural Resources ("DNR"), the City of Oshkosh (the "City") and Decade's Monthly Income and
Appreciation Fund, a Limited Partnership ("Decade's").
RECITALS
A. Decade's owns certain lands located in the City of Oshkosh (the "Property") shown
on the attached Exhibit A which is incorporated herein by reference. BCPL currently leases to
Decade's, as successor Lessee, certain lands on and adjacent to the Property pursuant to leases
originally executed in 1964 and 1969 (the "Original Leases"). The Original Leases with subsequent
'amendments are attached hereto as Exhibits Band C. DNR and a previous lessee entered into a
Stipulation Agreement in 1998 (the "1998 Stipulation"). A portion of the lands subject to the
Original Leases (shown in yellow and blue on Exhibit A) was under water at the time the Original
Leases were executed and such submerged lands were subsequently filled. A portion of the
footprint of the original Pioneer Inn extends onto the lands leased to Decade's by BCPL as shown
on Exhibit A. Decade's wants the State of Wisconsin to release any claims it may have with respect
to interests in property located landward of the original meander lines (as opposed to the ordinary
high water mark). Furthermore, Decade's asserts that it has a claim to fee title ownership of some
of the lands it currently leases. Decade's would like to formalize its rights with respect to such
property so that it can proceed with construction of improvements.
QBMAD\250400.20020\402261.3
B. BCPL asserts that it holds interests in the lands marked in yellow and blue on
Exhibit A in trust for the State of Wisconsin as submerged lands. In recognition of the difficulties
in defining the historical ordinary high water mark on the property, BCPL is willing to use the
original meander lines as the dividing lines between fee-owned land and lands subject to the New
Lease ("Leased Lands"). Furthermore, BCPL is willing to lease land to Decade's pursuant to its
statutory authority under Wis. Stat. Section 24.39(4)(a)(1) f1for the improvement of navigation or
for the improvement or construction of harbor facilities... fI
C. The City has established a TIF district that includes the Pioneer Inn and the
surrounding land. The City wants to facilitate the redevelopment of the Property as a key financial
component of the TIF district and as a way to draw people to the waterfront in the City. The City
plans to construct a public walkway along the waterfront on portions of the Property and the Leased
Lands.
D. The DNR and BCPL dispute Decade's right to rebuild the Pioneer Inn on the portion
of its footprint that lies on land leased under the Original Leases or to develop any portion of the
lands leased under the Original Leases that lie waterward of the original meander lines except "for
the improvement of navigation or for the improvement or construction of harbor facilities."
Decade's disagrees with the DNR.and BCPL and believes it has a right to rebuild the Pioneer Inn
on the portion of its footprint that lies on land leased under the Original Leases and to develop such
land in accordance with the terms of the Original Leases.
E. The parties desire to settle their dispute and enter into this Agreement to avoid
extended litigation. This is a settlement of disputed claims.
NOW, THEREFORE, the parties agree as follows:
QBMAD\250400.20020\402261.3
1. Termination of Original Leases. The Original Leases between BCPL and
Decade's shall be terminated and neither party shall have any continuing rights or responsibilities
under such Original Leases or any amendments thereto.
2. Termination of 1998 Stipulation. The 1998 Stipulation in DNR Docket 3-
NE-98-0554UF between the DNR and Decade's predecessor in interest, Oly/Montclair, shall be
terminated and neither DNR nor Decade's shall have any continuing rights or responsibilities under
the 1998 Stipulation.
3. The New Lease. BCPL and Decade's shall enter into a new lease which is
attached hereto as Exhibit D and incorporated herein by reference (the "New Lease"). BCPL and
DNR acknowledge that Decade's is the riparian owner of the lands adjacent and contiguous to the
Leased Lands based upon the title commitment covering the Property attached hereto as Exhibit p-I
and incorporated herein by reference. This Agreement does not affect Decade's riparian rights
associated with the Property to the extent they are exercised in accordance with the requirement for
enhanced public access described in Section 5 below.
4. Recognition of Meander Lines. The parties agree that the meander lines
established by the original Public Land Survey in 1835, as described in attach~d Exhibit A, shall
serve in plac~ of the undetermined ordinary high water mark throughout the property ~ffected by
this Agreement, and shall serve as the line of division between fee-owned land which the State will
not claim an interest in and Leased Lands subject to the public trust. Nothing in this Agreement,
however, shall operate to waive Decade's obligations under Wis. Stat. Chapter 30, or other laws of
general application, to obtain permits or authorizations from the State prior to placing fill or
QBMAD\250400.20020\402261.3
structures on, or dredging, any submerged lands, for purposes of this Agreement meaning property
actually covered by water, owned by Decade's.
5. Enhanced Public Access. The Parties shall work cooperatively to provide
enhanced public access to and recreational uses of (i) the Leased Lands; (ii) certain parts of
Decade's Property to be used for a public walkway; and (iii) certain lands located south of Decade's
Property (including the breakwater area). The parties acknowledge that the present owner of those
certain lands located south of Decade's Property is not a party to this Agreement and no party to
this Agreement has an obligation to acquire additional property interests to achieve such goal.
However, the City shall make a good faith effort to acquire such property south of Decade's
Property. The areaS where enhanced public access and use are to be provided are shown on
attached Exhibit E. The enhanced public access shall include, at a minimum, provisions for
dedicated public parking South and Northwest of Decade's Property and the Leased Lands
(contingent upon the City's acquisition of a portion of the Canadian National Railroad right-of-way
in said area), provision of paths for pedestrian and bicycle travel, and physical access to the shore
for fishing, temporary boat and/or canoe tie ups and other recreational pursuits. The City has
submitted to the BCPL, DNR, and Decade's for approval, plans for the proposed physical facilities,
plans for the provision of public access and use of the area (including any proposed limitations on
public use or requirements precedent to use by the public), plans for future maintenance of the
facilities and the documents that assure the necessary property rights to maintain public access
(hereinafter "Plans/Documents"). Attached hereto as Exhibit "F" are the Plans/Documents which
are hereby approved by the Parties.
6. Lakefront Easement to City, Construction ofWalkwav. Decade's shall
provide an easement to the City for public ingress and egress and recreational use along the Leased
QBMAD\250400.20020\402261.3
Lands and also along a portion of the lakefront Decade's owns in fee simple. This easement shall
allow the City to connect waterfront walkways described in Section 5 above between the Leased
Lands and the marina facilities. The easement area would start at the Northwestern point of the
Leased Lands and continue around the perimeter of Decade's Property to the marina facilities to the
South, in places traversing the Property owned by Decade's. The easement area is marked in red on
Exhibit E. The City is responsible for constructing and maintaining the easement area. The City
shall complete the necessary acquisition and installation of public facilities as soon as reasonably
possible, will commence construction of the walkway on the easement area at the same time
Decade's constructs improvements on the Property, will complete that portion of the walkway
proposed for the Property and Leased Lands between the connections for the two existing
pedestrian bridges depicted in Exhibit E by the time Decade's completes its improvements and the
balance of the walkway improvements will be completed by the City no later than 6 years from the
date of the commencement of construction. The easement provided by Decade's for ingress and
egress and recreational use as stated in this paragraph will limit the uses of the easement area solely
for these purposes and will specifically allow the City's law enforcement personnel to remove
individuals from the easement area if they have been asked to leave the Property or the Leased
Lands due to reasons that constitute disorderly conduct under state law or City ordinance or a
violation of the City's noise ordinance and the individual attempts to usethe easement area to avoid
removal. The other parties shall, to the extent reasonably possible, provide support to assist the
City in the development of these facilities and shall not unreasonably refuse requests for state
permits that may be required for the walkway. The Parties and their assignees/successors will
execute and authorize any document necessary to extend the easements beyond the expiration of
the New Lease which may be necessary to allow the City to maintain the walkways which are the
QBMAD\250400.20020\402261.3
subject of this Agreement in perpetuity (the "Execution/Authorization Obligation"). The
Execution! Authorization Obli,gation shall run with the land which is subject to the walkway and
shall be binding upon all subsequent owners of such land.
7. Agreement To Refrain From Certain Building On Leased Lands or
Submerged Lands Subject to the Public Trust. The original Pioneer Inn was demolished in
2004 and Decade's will not rebuild the Pioneer Innon any Leased Lands or submerged lands
subject to the public trust, and any improvements on the Leased Lands will be "for the
improvement of navigation or for the improvement or construction of harbor facilities ..."
including the enhanced public access as more particularly described in paragraph 5 of this
Agreement. Decade's may undertake construction activities and place any improvements on the
Property landward of the original meander lines described in paragraph B above subject to
applicable local, state and federal regulations.
8. Release of Claims bv Decade's. Covenant Not to Sue. Decade's hereby
releases DNR and BCPL and their respective heirs, executors, administrators, legal representatives,
successors, and assigns, of and from all past and present claims, actions, obligations, costs,
expenses, compensation and demands which Decade's now has or may have against DNR and
BCPL arising under the Original Leases, the 1998 Stipulation, or the State's claim of interest in the
Leased Lands, provided, however, that Decade's does not release its rights as a riparian in such
lands. Decade's covenants not to assert ownership of the Leased Lands and covenants not to sue
DNR, BCPL or the State of Wisconsin regarding ownership of the Leased Lands or the restrictions
on use of the Leased Lands stated in the New Lease. In accordance with this release, Decade's shall
immediately withdraw the Notice of Claim dated March 21, 2005, and filed by Jeffrey Keierleber
as General Partner of Decade Companies and as President of Decade 80, Inc., the other General
QBMAD\250400.20020\402261.3
Partner of Decade Companies, as the General Partner of Decade's. If there is a successful third
party challenge to this Agreement, the Findings pursuant to Section 30.11 by the DNR, or the New
Lease which results in a change to the boundaries of Decade's fee-owned uplands from the
boundaries described in paragraph 4 (hereinafter the "Successful Challenge"), the release stated in
this paragraph and the provisions of Paragraph 7 above will be null and void. Decade's may
reinstate its Notice of Claim within 60 days of the entry of judgment of the Successful Challenge. Such
reinstated Notice of Claim shall relate back to the date of the original Notice of Claim, filed on March 21,
2005, and be subject to any and all defenses available to DNR and BCPL against the original Notice of
Claim. In that event, the Original Leases and the 1998 Stipulation will govern the rights of the
parties insofar as the Original Leases, or any agreed-upon extension, have not expired provided,
however, that BCPL, DNR and Decade's agree to yxecute any necessary agreements reasonably
required by the City to continue the City's walkway in the areas described in pars. 5 and 6 which
agreements become necessary as a result of the Successful Challenge;
QBMAD\250400.20020\402261.3
New Lease which results in a change to the boundaries of Decade's fee-owned uplands from the
boundaries described in paragraph 4, the release stated in this paragraph will be null and void. In
that event, the Original Leases and the 1998 Stipulation will govern the rights of the parties insofar
as the Original Leases, or any agreed-upon extension, have not expired provided, however, that
BCPL, DNR and Decade's.agree to execute any necessary agreements reasonably required by the
City to continue the City's walkway in the areas described in pars. 5 and 6 which agreements
become necessary as a result of the Successful Challenge.
10. No Admission or Precedent. Nothing contained in this Agreement shall be
used in any legal action other than in an enforcement action brought with respect to this
Agreement, the New Lease, the Findings Pursuant to Wisconsin Statutes Section 30.11 by the
DNR, or an action brought by a third party challenging this Agreement, the New Lease, or the
Findings Pursuant to Wisconsin Statutes Section 30.11 by the DNR, or if the releases stated in this
Agreement are nullified due to a Successful Challenge.
11. Enforcement. Enforcement of this Agreement may be done by proceedings
at law or in equity against any party violating or attempting or threatening to violate any term or
condition of this Agreement. Such proceedings may be brought to restrain or prevent any violation
or to obtain any other permissible relief. If a suit is brought to enforce this Agreement, the
prevailing party shall be entitled to recover its costs, including reasonable attorneys fees from the
nonprevailing party.
12. Effective Date. This Agreement shall become effective upon the execution
by all of the undersigned.
13. Miscellaneous.
QBMAD\250400.20020\402261.3
a. Entire Agreement/Amendment/Bindilll! Effect. This Agreement
contains the entire understanding by and among the parties regarding the settlement of all claims
arising under the Original Leases and the ownership of lands leased pursuant to the Original Leases
and ownership of the Leased Lands. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless it is in writing, dated subsequent to the date of this Agreement
and duly executed by all the parties. This Agreement shall be binding upon and inure to the benefit
of and be enforceable by the parties and their respective heirs, executors, administrators, legal
~representatives, successors, and assigns.
b. Counterparts. This Agreement may be executed in several
counterparts, each of which shall be deemed art original, but all of which shall constitute one and
the same instrument.
c. No Waiver. Any failure of any party to comply with any obligation,
covenant, agreement, or condition herein may be waived only by written notice by the party
entitled to the performance of such obligation, covenant, or agreement or who has the benefit of
such condition. However, the failure of any party at any time or times to require performance of
any provision of this Agreement shall in no manner affect the right at a later time to enforce that
provision. No waiver by any party of any breach of any term contained in this Agreement, whether
by conduct or otherwise, in anyone or more instances, shall be deemed to be or construed as a
further or continuing waiver of any such breach or a waiver of any other term contained in this
Agreement.
d. Governing Law/Jurisdiction/Service of Process. This Agreement
shall be governed by and construed in accordance with the laws of the State of Wisconsin. The
QBMAD\250400.20020\402261.3
parties agree that any action regarding this Agreement shall be brought in Winnebago County
Circuit Court and the parties further agree that such court has personal and subject matter
jurisdiction.
e. Notices. Any notice given under this Agreement shall be in writing
and shall be delivered personally or sent by certified mail, postage prepaid to the address of the
party noted below:
To the BCPL:
Board of Commissioners of Public Lands
125 S. Webster Street, Room 200
PO Box 8943
Madison, WI 53708-8943
To the DNR:
WI Department of Natural Resources
101 S. Webster Street
PO Box 7921
Madison, WI 53707-7921
To the City:
CITY OF OSHKOSH
CITY CLERK'S OFFICE
PO BOX 1130
215 CHURCH AVE
OSHKOSH WI 54903-1130
To Decade's:
DECADE PROPERTIES INC.
N19 W24130 RIVERWOOD DR
W AUKESHA WI 53188
A TTN: JEFF KEIERLEBER
QBMAD\250400.20020\402261.3
f. Captions/Gender and Number. The captions in this Agreement are
solely for convenient reference and shall not be deemed to affect the meaning or interpretation of
any article, section, or paragraph. All personal pronouns used in this Agreement shall include the
other gender whether used in the masculine or feminine or neuter gender, and the singular shall
include the plural whenever and as often as may be appropriate.
g. Further Assurances. The parties agree that they shall deliver all
further documents and do all further acts necessary and desirable to consummate the transaction
contemplated by this Agreement.
h. No Presumption, This Agreement or any section of this Agreement
shall not be construed against any party due to the fact that this Agreement or any section ofthis
Agreement was drafted by or on behalf of said party.
1. No Reliance On Other Representations. By their signatures below,
the parties to this Agreement hereby certify, each to the other, that prior to signing this Agreement,
each party has read this Agreement and fully understands its terms. Each party executes this
Agreement without any reliance on any representations made by any other party, except for those
representations contained in this Agreement.
J. Certification. Each individual executing this Agreement certifies
that he or she has authority to execute this document on behalf of the entity he or she is signing for.
QBMAD\250400.20020\402261.3
this Agreement whichis invalid under applicable law shall not render this Agreement or any part
thereof invalid, except 'as described in paragraphs 8 and 9, but such invalid portion shall be
inapplicable until the parties hereto have made appropriate changes in accordance with applicable
law to achieve the spirit of the invalid provisions.
CAUTION: READ THIS DOCUMENT COMPLETELY BEFORE SIGNING AS IT
AFFECTS LEGAL RIGHTS YOU MAY HAVE AND CONTAINS A RELEASE OF
CLAIMS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written on page 1 of this Agreement.
Decade's:
Decade's Monthly Income and Appreciation Fund, a Limited Partnership
'"'D l"A 1 c;..p LC.~
By: .~ 1~ v~;JJ
-'i:.t , General Partner
City of Oshkosh
~~tJ?1vE ::S't?R~'Kr-
Wisconsin Department of Natural Resources
BY:~~
QBMAD\250400.20020\402261.3
AUTHENTICATION
Signatures of:
JeffKeierleber, President, DMIAF GP LLC
Richard A. Wollangk, City Manager, City of Oshkosh
Pamela R. Uhrig, City Clerk, City of Oshkosh
Authenticated this 23rd day of August, 2006.
AUTHENTICATION
Signatures of:
Tia Nelson, Exec. Secretary, Wisconsin Board of Commissioners of Public Lands
Scott Hassett, Wisconsin Dept. of Natural Resources
;;o/!t t>d.ab~
Authenticated this ZJrn day of~t, 2006.
~~-
Member State Bar of Wisconsin
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LEASE NO. 136
Exhibi t "A"
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770 21}. r r-r 111. 33 fc~t" .:t ccat:cal .:..!.r,l.;~:;lc~ 02 5~)o ID ~ .:.t.nr,,'. l:..'"}.n;~cc:~:;~;
of C.2.(j7 ;:eet; thc;nce ttlchlr; ~l:lid CH:L"JC 115..g2 fCJ:"';t t,', i.~~,'; l)(.d..ut
o~c tanLc:n.cy; t1.1C"llCC 111.,.00 Ij.5' \} J.O~;~'e(~f:; (,.lcn.c8 ~-) .3~/~) ~j7r ",J
2(~. 0 fc(;~t to propo~)cd buD;,nc;J,d i.,t nOl1tiT. :::Ji:crly em:nc::: 0/ p:i:O-
pODul foot in"idgc,; thence S 1.:,90 I,)' ;~ 1" .50 feeL; t!l.:::l(:',
S 1,,(; l:.S~ E 12.0 feet; t;.lcncc r; L:.~}/) !~.5t ;. 2/j-.O f~,:r.~;-,:~; ':'..;.l(,'::,-i(~r.~
S lCo 5/,.' 'iJ l,.10 fecL; til';cncc S 7:30 0::)' ]; 90.0 :I:'(>,~j;; ,:ilCHC::l
S 160 51,' H 50.0 fc;,){;; thenco ~:; 20') IS' \} .1;~<>'Jf,)fc':~L ~:ion~~
cxistin~ bren~~3tcr; thence S 370 30' W 27J.O [cot; thence
N H',o 51' E 180.0 feet (l1ong we:1tcrly Ghorclino of L: lw
iHnncbngo~ thence 1'1 3Uo liS' E 223. 0 h~c,:; ;~h~ncc [,1 00 GO'
196.0 fect; thence N 350 57' E 5lV~.O [',x:c; th:::nee;1 !jrP 01' .c,
352. 0 fc(~t; thence n 41,,0 02' g l;,I5. 0 feet; tltCjlC(~ ;j 210 5/1,' '"
90.0 fcc;;; to the 8outl1m.-J.y Dhm:clinc of the 1"0:: RivL~L'; thC'lGC
IT ll,G 0.12, VI 111. 0 f;:~(;t alonL ;wJd ~3()'Jt:I1(;:clJ nho;:',_,lL',e of: i;:;,c"
Fo;, RiveJ:; thence S 200 51,' \-l 5(3.0 [oct; t~)cncc :1. 8J') ::3(\' .~';
45.0 feet; thcnccN JO AD' W 102.0 [cot; thence N 740 29' W
118.00 fcot; thence S l;5o 43' \1 g2. 0 fc'~'c:; thc~ncc :u I.,;!o J!}' H
170.0 foct to tbe ca::torly gllo,:cU,nc of: c>:L;tini.;1nLc.l~!.1 ",,-\t<x-
"my; thenco N (,90 28' E 55. 2l. feet to p::o,)(xJed bul::,:,.,;';.] U:u;,;
alone nouth.crl:,r Dhorc of the 1?o;{ l~Lvcl.J:'; thcne8 ri Glo l:.9 v .~}
115.0 feot to Ul0 norL~b,8a::;t:r.;1:1y cm:n,Cl: C,::;;l HC! p:copoJ'2d
:~ tre~~t; tl1cn.ce ~; 16 t) Sl} t 'YJ SIt- 7. G 22(;t illorie P:'~'(j;.):):~cd ~ ,u:L;:.t'lc..~cl
~'i11d ca3tcrly 11r10 of a~:tid street; tllCnC() ~; i/:.o 2:1' ;.~ 32.0
fec't to the fJouthorly cnd of G:l:ld inIitnri \];1i:c;~;I:l:;r; UK:ncc::
N l:jJo 03' U Id.. 50 [(~ct; thence Ii IGo j!)' E 528. "/I:. f:(~C c: ClIo,,;,
\l.:!.:3t:crly ~;llOl.'clin'::l of f3aid ex:t[;tJ.ll~: ~Jatc:l'\.::',y l:Cl i::hc! r.:out!10rj./
3ho;.:01ino of tIlt:! Fox IUvcr; thence Ii 21() 05' H 53.62 2cct to
a poInt 70.0 :f,,:ot cai1t:8rly of tLn C011te-l::U.n8 02 t;;~lc Huin Iii.:!
trnclcs of the I:; & Hi} lUZ; thcnc.c ~; lGo 5{~, ~ II I,/I,J. 0 ['.lei: to tJ:~
POL-It of bcginr.ln[;. Said tr,lct cout::tinin2; 8.131 .3CrC3 morc uc
1c:3:3.
TO nOLD for a t01.111 of fi.fty (50) YC;)l."S LeOla the 1st .0':: Octol cr,
1964., at D. l:cntal of Five Thouo,and DollarJ (~;5,O()O.OO) PllY~l:)L~ on
siGning and HC<lling hereof J the receipt of '"h1c11 in herehy ~\cknO';:1cr1[:cc1
by L03GO'1:.
The sa:i.d LCfJr.:o.: mDJ:CG no vla:i.T<lnty th:~t it h~~'; l:::w ;,':utbo;."ity to
eithor lLuthm:izc. the fil1int~ of sa:l.d prcm:L:wIJ m: to l(~,ll;O L.:l1O ;:;,lid
prcr.1hc!9 for th'3 c:,clucivo u.:;o of tile LCD:Jcc, or othcl\vL-::e, Dd.d
LCSI;cc being the riparian O\V11cr of lend3 [ldj~lccnt to and cO',ltlz,uOU3
to the lands herein lcH~;ed. Said p:-:cmL;c:J arc to he C.kVlJl;cd to U:1C~J
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l1nd purposeD uhich arc complcmcntui:y ; ,lfl rlCC{~CG':11'Y to tIle op:::r;:tlon
of l.t rosort comple:;>: and harJ:.>or facilitic8. V:tJdl UW L:~G'100 :i.~J to
cau~1C to be built upor't or ~djnccnt to L.',i1d um,' {)"';}i,:a oy ;'"CDt;CC.
The LCi).'3cC a[;:t"ccs to comply ""ith <l.ny and L~:U 1.:.\\'1;;. lUllful
orders. rules "nd ~:ogtll,;ltion8, lokcop .~nd r:nin;:all. t:,c i.J,<'cm:l.cc!;. 1a
a good and 1<:n"ful condition and TII.:'tnncr. to hold the LC::lDC!;: bu.r;:Jlc:lc
ft'om any and all dcmandr; or licbility ;,:hntsocvc:~' bcc.::'.t.::Je of, or on
account of licw), clnill1S or oblicatioi.1:; of any nature v;bnt:;o~vcr
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arising bcc.:luGC of tho improvcn~cnt or f:1.11ini~~ 0": tl:c :Jaid prcl:"L:",:C:;
or oecaUGc of the condition 0;" use of c':!.l.d prc::;.t.::;(,s.
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Ifr 13 FiJRTHEll mrDlm~;TOO)) ;\I;'i) ACi':.';;m, Tb;t t ::.r the LC~:::;'~'2, O"i..-
i<::3 ilssigns <;h;111 viol(lte <my oJ:" tho con 1itiol1s h(l):c1.n cont.:lincd, or
shall tvl1fully or maliciously do injU):y Lo the 3:dd prcm:u(~::;, O:ll; ;.:l1e
option of the Lonsor, thi!; lc.1sC fJha,ll be voLd ;.:8 t:o tho Lc;:;:,;cc,
p1:ovidt:.;d hOl'lcvc'.c that Upon ollch vlo1d,tion of nn,/ of: the ten,,:; of-:hc
lCi1SC, the LOIJ80r shall ~~ivc notice to tI',.c; Lo;:wcc of uuch V1.0102t:io:l
violation, and i.f at thu c;cp:Lration of ci.d.J Ulixty (30) ~LlY;-, Duell
and the Lessee sh.:dl hi:WC thirty (30) etc.)!::! in \-1:11ch to :i:cctl[y ~hc
viOL-ltion is not rccti:dcd to, th9 $,.:tL)f,~ CI:1.0'1 of t:LO 1.C:;[;OI_", then
the Lessor. or its legal rcprcGcnta~ive::J, DbaIl DC; entitled to UlO
iU"IUcdiato p03<lODSion of said prcm!:.; .:,'j, \'iiUwut hincIJ:al1Go or tlc~l:]y,
and to a rccov0.ry from the Lcrl1Jcc of all d;.;;nu:;eG nuct:ainc;d by tho
nets of t:1C Lessee.
The said Lessee .furt~lCr COV('ll.::mto and lI~~rc~~~ to F<~Y ;.:tlU
dL:;charge .,,11 rcnno11dblo co.:; l.s, attorneys feel; [,nd m:l'cn;;!J:, tb.::J.t
shall bo ineul.'rcd by the s,lid L.08301:' in cnfoJ:'-oing till) Covcn.:H1t,] .:lnd
ar:rccmcnto of this lca:Jo.
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IT IS FiJRTI;El"( ^GR~ED. 'J.lwt thin L~or;e mc~Y 1)0 ~',; ,;ir)1C~ ';:,Y
tIle LCSDCC to ~l norni11CO, ~~ucca::;SOi::" O!: a.r;Dlg~1. t"Tit:l1C:.Jt fln:t'~J.o!: ~1l)pl.oV.:ll
of the LCDilO'l:', provided 11mleve'!: tlw,t tho LC~;~l()C h~>:oin ':;c; ,\,:::.1.1 1'\::; the
said a5::li~i\Ce shull be 11n1:>10 J:or all of tho Le:~::;l,~ I [J ob1:l[~:',tj.cn;j
under this lease.
IN vlI'l'i:JESS HHEREOF, selid j?:n.-tie:; '.l.l...e 11,:;;c :;'ito Get tIw:i....
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h~,r.ds <lnci t3C1als tho day and yea;: fir J t d:>ov'':!' 1n:i.:': t,.:;1.
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:~ir.~::.\rl.:: 07? ~rI .~co:'!;; Ii:1
hiITI'TSSSE:3 :
BY Cm'~'lJ:i_';8Loii.~:';:~, '-if ,:ho I'ub:i.ic L:.lil.ds
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To H. Bakken
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C.UIG..:....CO !~~'!:) rJ;',..:TiI ~JE::;ri"':':~;:;.-'i' r-:./<Ci}:;'/'...Y
A TrEST:
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To A. Ros~, Secretary
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Dy~_~7dd2 ;JhlL,
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;)TATE OF. \-lISCONS In)
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COUNTY 0;;' DANE )
PcrDonally cc.n:c bcf01:C n'~ t;1:1.;; l'JUl d;:;y of I'iovC:lb::;;-:. EJ(;!,.
the rdJOvc nmil'::d Ilobcn:t ;..;. :~;j:r.i;;l;)Y.';,:,c,n) ~;',:',C1:(~ l::'l1:'Y vI ::)[::.1(::0 t DCi:,', .\. ;';,;,i [;11,
State Trca::;urcr, <"<nU (:001:12,0 Tbor;l:W(ln, i"-Li.:OJ:l'l'JY C~~ll-:,):,:;l > to r,~'~ b,-;'j":;:, Lo
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he the person:} ~lho signed tho foroLoing ir,~t:c~n.cnL end ':lcl~no,it.cc1:;.cd
tho s[tme .:i3 their deed nnd oct D.G Cor;:n:L;3:!.onei:::; of t.he Public L,:',utI:)
of the ~)tntc of tJi;.;cOtiGin.
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ILLINOIS
S1'/.fl.'E OF \.;; .:.r;:...~;~' ~";;~~!;J.J~)
COOK )::;:;
COUNTY OF F~!:';:.J
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LEASE
THIS INDENTURE, Made thiS"7/,--1 clay of July, 1969, by and
between the State of Wisconsin, hereinafter referred to as Les'sor, ,-lnd Norris
Grain Company, hereinafter referred to as Lessee:
WITNESSETlI, That the said Lessor does hereby lease, demise
and let unto the said Lessc~e, in accordance with the Wisc1msin St<:J tutes in such
cilse made and provided, <:Jnd more particul~rly s,)c. 2<1.39, Wis. f)';ltS., the
following described premis()s, which premises alu now below the hilh water
mark of Lake Winnebago. Subject to the provisi( .ns hereof the Le:;:'; 'C shall hav
the right to fill the said described premises and Jlave exclusive usn thereof,
which premises are situated in Winnell<JCjo County, Wisconsin, and described
as follows, to-wit:
BeCjinning at a point on the U.S. Corps of I;nqineers established
bulkhead line located S61023'E 192.2 fe0t from an angie pOint
. in :;aid bulkhead line located at the south I'nd of the C. ,'Ie NW i~H
bridge across the Fox Piver in the, City of ()~;hkosh, thence
S61 023'E 592.8 feet along said bulkhead Jill() and saie! bulkhei;d
line extended, thence southeasterly on a (iO feet radius curve.
concave to the right, with a central angle 01 900 and a main
chord bearing S 16023'E 84.85 feet, thence ;; 2n037'W 172 feei
to it point intersecting land previously lei):;crl from the
Cornmissioner of Public Land of the State of Wisconsin in 1964,
thence northwesterly on a 208.6 feet raclius curve, concave to
the left, with a central angle of 900 and a main chord bearing
N j 6049'W 295 feet, thence N 61 o49'W 4%.1 feet, thence. .
N 900E 59.99 feet to the point of beginninq J~(; P TY'4..J f:"''''i'l?t''''1
0..5-:"'1/ /~ I.~'-r- ( ,.,I J..L-r ~
TO HOLD for a term of forty-five and one-half (45 1/2) years
from the 1st of July, 1969, ata rental of 71/VO..._r(::1.CvipJrp_...E/,,~_<
#1/1-1 ',[""-..:/:'
Dollars payable on signing ancl sealing hereof.
the receipt of which is hereby acknowledged by Le~ssor.
The, said Lessor makes no warranty that it has the authority to
either authorize the filling of said premises or to lease the saicl premises for the
exclUSive use of the Lessee, or otherwise, said Lessee being the riparian
owner of lands adjacent to and contiguous to the lands herein leased. Said
premises are to be devoted to uses and purposes which ilre complementary and
~lW
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'';~" ~i~,'" f: ~ 1 f1~' ,\?o~j '1:~t,;f' ,~J~. '.
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necessary to the operation of a resort complex and harbor facilities, which the
Lessee is to cause to be built lIpon or adjacent to lami ri'lW owned by Lessee.
The Lessee agrees to comply with any <in" all l,]ws, lawfulorders(
rules and regulations, to keep und maintain the premi[;es (n a (food and lawful
condition dncl manner, to hold the Lessor harmless from any and all demands
I
or_.liability whatsoever because of, or on account of liel1';, claims or Obligutionsl
of any natIJre whatsoever arising because of the improvcl lent or fillinq of the
I said premises or because of the conclition or US() of si1id premises.
IT IS FURTHCR UNDERSTOOD ^ND N:;rU:ED, Thilt if the Lcs[;()c,
or its assigns shall violate any of the conditions herein contained, or :;Iwll
wilfully or maliciously do injury to the said premises, at the option of the
Lessor, this lease shall be void as to the Lessee, providecl however that upon
such violation of any of the terms of the lease, the L()ssor shall qive) m)ti<:(~ to
the Lessee of such violation and the Lessee shall hav(~ tldrLy (30) day" in whicl1
to rectify the violation, and if at the expiration of salcl thirty (30) days "uch
viola tion is not rectified to the sa tisfaction of the Lessor, then the Les sor, (lI'
its legal repres~n ta ti ves, shall be en ti tlecl to the imml)dia tn pos ses sion of sa lei
premises, without hindrance or clelay, and to a recovery from the Lessee of all
damages sustained .by the acts of the Lessee.
The said,LesE,ee further covenants and i1gl ees to pay ond dis-
charge all reasonable costs, attorneys fees anel expenses that shall be incurred
by the said Lessor in enforCing the COvenants and agn)8ments of this lease.
---
IT IS FURTHER AGREED, That this lease rn.1Y be assigned by the
Lessee to a nominee, successor or assign without furthcl approvai of the Lessor,
provided however that the Lessee herein as well as the :;,licl assignee shall b(~
liable for all of the Lessee's obligations under this leas( .
\
IN WITNESS WHEREOF, said parties have hereunto set. their
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hands and seals the. day and year first above written.
STATE OF WI0CONSIN
WITNI:SSES;
13y Commissioners of the Public; Lands
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NORRIS Gl"{AIN COMPANY
ATTEST:
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Vice President I
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secretary
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STATE OF WISCONSIN)
) SS
COUNTY OF WALWORTH)
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Personally came before me this 2nd day of July, 1969, Robert
W. Warren, At~orney General of the State. of Wisconsin, and Harold W.
f
Clemens, State Treasurer
of the State of Wisconsin, Land Commissioners
of the State of Wisconsin to me known to be such Land Commissioners of the
State of Wisconsin and to me known to be the persons who executed the fore-
going instrument, and acknowledged that they executed the foregoing
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instrument as such Land Commissioners of the State of Wisconsin, by its
authority.
.
Robert F. Lehman
Notary Public, Walworth County, Wis.
STATE OF ILLINOIS)
) SS
COUNTY OF COOK)
15th
Personally came before me this ~ day of July, 1969, Joseph
H. Sharpe, Vice President, and James T. Garrison, Secretary of the above named
corporation, to me known to be the persons who executed the foregoing instru-
ment, and to me known' to be such Vice President and Secretary of said corpora ti n,
and acknowleclged that they executed the foregoing instrument as such officers,
by its autnorhy.
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AMENDMENT TO LEASE
THIS AMENDMENT TO LEASE, made thi~ day of (~~ J , 1998,
by and between the State of Wisconsin, hereinafter referred to as Lessor, and OlylMontclair
Wisconsin Hotels LLC, a Wisconsin corporation, hereinafter referred to as Lessee:
,wHEREAS, Lessor entered into a lease with the Chicago and North Western
Railway Company ("CNWR"), dated November 19, 1964 ("the 1964 lease "), a copy of the 1964
lease is attached hereto as Exhibit A, and the 1964 lease was assigned to Pioneer Development
CorporatioIi and by Bergstrom Corporation, Successor by merger to Pioneer Developmem
Corporation, to Lessee, copies of the lease assignments are attached hereto as Exhibit C; and
WHEREAS, Lessor entered into a lease with Norris Grain Company ("NGC") on
July 2, 1969 (lithe 1969 lease "), a copy of the 1969 lease is attached hereto as Exhibit B, and
the 1969 lease was assigned by NGC to Pioneer Development Corporation and by Bergstrom
Corporation, successor by merger to Pioneer Development Corporation, to Lessee, copies of the
lease assignments are attached hereto as Exhibit C; and
WHEREAS, Lessor and Lessee desire to ratify, affirm, and amend the term of
both the 1964 lease and the 1969 lease (collectively lithe Leases ").
.' NOW THEREFORE, for $4,950,00' and other good and valuable consideration,
the receipt of and sufficiency of which is hereby acknowledged, the parties hereby agree as
follows:
I Consideration for the 1964 lease and the 1969 lease was $5,000 and $2,500, respectively.
Given inflation since 1964/1969, it is reasonable to triple these amounts, i.e., to $15,000 and
$7,500, respectively, then multiply by 22% (I1 years is 22% of 50 years) for a total of $4,950.
1. Lessor acknowledges that the Leases are in full force and effect and
with'out default and Lessor knows of no fact or circumstance that might with the passage of time
or the giving of notice create a default.
2. Lessor agrees that the current use of the properties that are the subject of
the Leases complies with all terms and conditions of the Leases.
3. Lessor and Lessee hereby amend the term of the Leases so that each lease
term hereby is extended through December 31, 2025.
4. Lessor hereby grants to Lessee one option to extend the term of the Leases
for an additional period of 25 years each and, so long as Lessee is not then in material default
hereunder beyond any applicable grace period, Lessee shall have the right to extend the term of
each lease for an additional 25-year period commencing on January 1, 2026 by giving Lessor
at least thirty (30) days written notice of such extension prior to the expiration of the terms
thereof as extended by this Amendment, together with a payment by cashier's or certified check
or wire transfer of a consideration which shall be determined at that time in the same manner
as the consideration for this lease amendment was calculated, see footnote 1, provided, however,
that such consideration shall not be greater than the consideration for the 1964 lease and the
1969 lease adjusted for inflation, as expressed by the positive change in the Consumer Price
Index2 occurring between 1964 and 2025. Any such extension of the Leases shall be on the
same terms and provisions as set forth in the Leases.
2 "Consumer Price Index" means the Urban Wage Earners and Clerical Workers Price
Index, U.S. City Average, for All Items, as published by the United States Bureau of Labor
Statistics of the Department of Labor. If at the time Lessee exercises the option to extend, the
Consumer Price Index no longer exists in the form described herein, a successor index that most
closely approximates the Consumer Price Index as published by the United States Department
of Labor, Bureau of Labor Statistics, or any successor to that agency shall be used.
2
I
5. Except as modified herein, the Leases are ratified and affirmed.
6. Lessor and Lessee agree that they will provide, within thirty (30) days of
receiving a written request, an estoppel certificate stating that the Lease is not in default and that
the party has no knowledge of any circumstance that could result in a default.
7. Lessor agrees that any notice of violation of the terms and conditions of.
the Lease will be provided to 'Lessee and to Lessee's assign, nominee, successor or other party,
as designated in writing by Lessee.
STATE OF WISCONSIN
By the Secretary of the
Board of Commissioners of
Public Lands
-~~~L
StephanIe~. Thorn
Secretary
Subscribed and sworn to before me
: .this -hd. day or ~,,--,j , 1998.
r fY\. C, ~ fq,y,
\~.~tary . blic, State of Wisconsin
'N1~" ~~0~:s,s,~~n~~ expires: JJ"l7J \ ':J ,
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By
SCONSIN HOTELS LLC
Subscribed and sworn to before me
this .J!::. day of C ()11 ;J! , , 1998.
~AA 'cS, ICo~
Notary Public, State of Wi3conffil 1<;0.-4..-
My commission expires: Ih~ I ~,d--cO{
C:\ WP~ IIDOCSIOL YMPUS.AME/3131198 /7S01~ IDBC:mjb
fER'S. COKER
Notary Public
Stote of Taxa:
Comm. Expires 5-13-2001
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11'_ Mol Ite",", Add,...
OouClu B. CIut
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MJdiSOll. Wisco",ia $3701,1497
lI03.0IJ3-o2. 903-0134 Ud 903-0210
"l'Cclldcncitlc,cion HlUlIller (PIN)
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SECOND AMENDMENT TO LEASES
THIS SECOND AMENDMENT TO tEASES ("Second Amendment-), made
this ~ day of /l1f;tClf"
, 1991.. by and between the Statc of Wisconsin.
hereinafter referred to as Lessor. and OlylMonlclair Wisconsin Hotels. LtC, a Wisconsin
corporation. hereinafter referrt"d 10 as L.essee:
WHEREAS. L.essor entered into a lease with the Chic'lgo and North Western
Railway Company ("CNWR-), dated November 19, 1964 ("!he 1964 lease-), and llle 1964
lease was assigned to Pioneer Development Cury.:"lIdon and by Bergstrom Corporal ion.
successor by merger 10 Pioneer D~velopmenl Corporation. ::\ Lessee; and
WHEREAS, Lessor entered into a leasc with Norris Grain Company ("NGC")
on July 2, 1969 ("the 1969 lease-), and the 1969 lease was assigned by NGC to Pioneer
Development Corporation and by Bergstrom Corporation, successor by merger to Pioneer
Development Corporation. 10 Lessee; and
WHEREAS, L.essor <lnd Lessee emered into an Amendment 10 Lease dated
April J, 1998, and recorded April 28. 1998 in the Winnebago County Register's Office as
Document No. 1006665 (N Amendment to Lease"), ratifying, affirming, and amending Ihe
terms of both the 1964 lease and the 1969 lease (collectively, the "L.eases"); and
WHEREAS. L.essor and L.essee desire to funher amend the 1964 Lease to
include addilional land crea.led by till deposited on the bed of l;ake Winnebago ("Expandelf
Leased LandsM). The legal description of the Expanded Leased Lands is set fonh 011
Exhibit 6. allachcd hereto.
tlow THEREFORE. for good and valuable consideration. the receipt of and
sufficiency of which is hereby acknowledged, the parties hereby agree as follows:
~~~:Ji~~~'~~~;-:~~~~~:~ft~w~1f~~~?:f~r~~~:~~.~~:?}~,,:~':::;:.". ' ;: -",. .
""'-!::l~'{~;~','i'r;>.~t4&>ti~':t".;i,"~t~~~~?,,'W""'I"" ":J'..' ~",':
.. ,c;~.~~ ~~.~;.~:::.~.~:.~'\;;:\~;. .~"..~~f.:~, :.'.. .~!::~~.;.. ..';',.:.. .~::.;:.~'!:;"'~:~;.;.....~.;' : ..~_ '.~ 1:_ ~~. .....:.' . _,_ _
l. The 1964 Leasc is amended to add the Expanded Leased Lands
10 the .premises. de:crihc:d therein.
2. Except as modified herein, the Le.1sc:s and the A~endment 10
Lease shall remain in full force ar.d effect as set forth therein. The provisions of !his
Second Amendment shall control 10 the cXlent of an-I conflict with the lerms and
provisior.s of the Leases and the Amendmenlto Lease.
3. This Second Amer.dment may be executed by Ihe parties herelO
in counlerpart!. When each party has execuled a copy of Ihis Second Amendment, the
execuled copics laken together shalt have Ihe same foree and effcct as if execuled in
one document.
4. This Second Amendmenl shall be binding up<ln and inure 10 !lIe
benefit of Ihe successors and assigns of the parties herelo.
STATE OF WISCONSIN
By Ihe Deputy Secrelary of Ihe Board of
Commissioners of rubric Lands
~[~~
Slephen Gauger
Deputy Secretary
Personally can!.:: before me Ihis '"'' day of f'l1ttU." , 1999. Ihe
above-named Stephen Gau,.,.:', Deputy SecrelaiYOfii;'e Board of Commissioners of Public
Lands of the Slate of WiSl~o.lsin, 10 me known 10 be Ihe person who executed Ihe foregoing
instrument and acknowledged Ihe same.
NOTARY PUBLIC
State of Wisconsin
Thomas H. Hurst
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olary~ ~- laIc of Wisconsin
My commission expires: 7' -/f -Z<:>:J.2.
00 1.324 754.4
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OL YIMONTCLAIRWISCONSIN HOTELS.
LLC
By SEE AT1'ACllED SICNATURE ADOENOUM
(ore me this ~ day of · MA.J~ . 199.i. the
above-named . of OlylMontelair Wisconsin Hotels, LLC. to me
known to be the person who exec the foregoing Instrument and acknowledged the same.
AHMA .. woeo
NOTARY P\J6UC
aw.. of Tuu
CcmnL !llII. 074WQCe
~~~
Not ry Public. State of Texas
My commission expires: l-"(?J!;, 01J{)?-
.This instrument drafted by Victoria A. Dulc:llz, Foley ok Lardner, 777 E. Wisconsin Avenue.
Milwaukee. Wisconsin 53212.
OOI.J2Hsa..
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Sig/lllture Addelldum
Co
SECOND AMENDMENT TO LEASES
Dated: March 2,1999
OLY/MONTCLAIR WISCONSIN HOTELS LlC.
a Wisconsin limlled Iiabilily company
By: Oly Wisconsin HOlels, LP.,
a Texas Iimiled partner:.hip,
its mallaging member
By: Oly Fund II GP Investments, LP.,
a Texas limiled partnership,
its general partner
By: Diy Real Estale P:lr1ners II. LP.,
a Texas limiled P:lIlllcrship.
ils general panner
By: . O/y REI" 11, LP.,
II Tex..s Iirnilcd p:ll1!lership,
ilS general partner
By:
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Martenson & Eisele, Inc.
Con&u1tlns Englneerlne - Land Survcylne - Plannlnr
LEGAl.. PESClUPTTON
EXPANDED U:ASI!O LANDS
Pan o(()Qvcmmcn1 Lol2 o( Sec:tlOIl 2', TOWlIli Non!\, ~ 16 &Jl. Clr,o o(
Oshlcach. W'lllllfIba:" CovnlY, Wisconsin c1cxn1loo:l al fIl11oM:
C41D111~~' It tile NClI1hwat QOrnct o( aid Sccdoa 25; 1IlcDr::e SoutIl 19
dolfMC 3I1lIimI1(c 10 teC4ncll Eut.llolIl rhc IIOTIh lillI olllid Sect1OII2S. ·
d1U&nQ1oC11~3.11 Ccct; tMnce Soulh OO~ 00 mlaul.c&001CCOlMls Eul,
1 ~71.~ r-. 10 \lie plmt oCbcPMinC; ~ SovtIl 76 ... 20 IIIDd.ct 00
Ml:004s \!.a$I. UOO (~ t/u:age Southll clcareet 2i1 ~ 00 MC:01IdI West,
333,00 l'tc1; \1leIICC Sooth '7 ~ )0 1IIllKa. 00 tcQOW Wat, 75.64 (eer.
lbcuc:c ScudI" del"=' 13 minuccs 00 IClCOtlds Wcct. 246J2 t=; IMw:c North
16 deVCQI '4 mlllutc$ 00 tcQOnds 2uI, 51.29 t=; llICl1Ct Non/I 11 dqIws 30
mJINlCS .00 _lI4S 1!.ast, 231.10 reet; Ihence Nonh 20 cScp.c I! mrm.cs 00
tcCOW WC1t, 321.&9 (celIO tile point o(besillllin&. cooll!llilllJ55n JqlIaR
tcelllAcl.lUbjca 10 all _u and rcstriaJOlll 0/ 1"OQOr4.
Projea: 22 H10Jb
Date: Now.ml-er la, 1998
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0...... o. ......t.. r.L..S.: 0........ ....1. ,.w.: e..., A. ta..ri_cu. r.u.~ 0.';'4 W. C.,..... ".U.. a.....~. $.."....... ,.w.;
Mj('Uld I. x.u.-"'."~".'" _'.~ '."n,u A. Mer..... t.W.. J.,.",c N. LiNt. r.t..$..: 0...,.. ~..h. t.t.T..
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I''ICllTnIT A
\
SUBMERGED LANDS LEASE
Pursuantto Section 24.39(4) of Wisconsin Statutes, 2004-2005 This Lease is made by and
between the STATE OF vVISCONSIN, acting by and through the BOARD OF COMMISSIONERS
OF PUBLIC LANDS (the "Lessor") and DECADE' S MONTHLY INCO:NIEAND
APPRECIATION FUND, A LWITED PARTNERSHIP, a "Wisconsin Limited Partnership (the
"Lessee"), this /~ay of June, 2006.
"WHEREAS, the Lessee isthe successor in interest in the following leases of land from the
Lessor:
(a) A Lease to the Chicago and Northwestern Railway Company dated November 19,
1964, and recorded in the Office of the Register of Deeds for vVinnebago County, "Wisconsin, on
December 8,1964, in Volume 1091 of Records, Page 352, as Document No. 328885, which Lease.
was modified by Amendment to Lease dated April 3, 1998, by and between the Lessor and
Oly/Montclair .Wisconsin Hotels LLC ("Olyl Montclair"), as the then holder of the Lessee's
interest, and recorded in the Office of the Register of Deeds for vVinnebago County, vVisconsin, on
. ~ ... . ~
.~
April 28, 1998, as Document No. 1006665, and further modified by Second Amendment to Leases
dated March 2, 1999, by and between the Lessor apd Oly!lYlontclair and recorded in the Office of
.
the Register of Deeds for vVinnebago County, Wisconsin, on March 12, 1999, as Document No.
1050035, and;
.
(b) A lease to the Norris Grain Company, entered into a Lease dated July 2,1969, 'and
recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on November
13, 1969, in Volume 1257 of Records, Page 657 as Document No. 390248, which Lease was
QBMKE\5784387.2
modified by Amendment to Lease dated April 3, 1998, by andbet\veen the Lessor and
OlyfMontclair, as. the then holder ofthe Lessee's interest, and recorded in-the Office oftheRegister
of Deeds for Winnebago County, Wisconsin, on Apri128, 1998, as Document No. 1006665, and;
(c) Such leases are subject to Stipulation Agreement with the vVisconsin Department of
NaturalResources, Docket 3-NE-98-0554UF made as of November 20, 1998 concerning the use of
the premises, and;
(d) The Lessee' s interest in these Leases was recorded as an Assignment of Leases
dated May 23, 2002, recorded in the Office of the Register of Deeds for Winnebago County,
vVisconsin, on May 28,2002, as Document No. 1183720;
vVHEREAS, the Lessor and the Lessee mutually agree to terminate the existing Leases and
to enter into a New Lease for the purpose of providing for the improvement of navigation and
harbor facilities, and to define the boundary between fee-owned land and leased lands subject to the
public tmst, it being acknowledged that the Lessee is the riparian owner of lands adjacent to and
contiguous to the lands to be leased under this Lease.
NOW, T:H:eREFORE, it is hereby agreed as follows:
1. The Lessor and Lesseehereby agree that the existing leases, including all amendments,
.
which are detailed in the recitals above are terminated. The parties also agree that the Stipulation
described in the recitals ~bove is terminated. The terminations are effective as of the date of this'
new Lease.
"
2. The parties agree that the meander lines established by the original Public Land Survey in
1835, as described in attached Exhibit n 1 which is incorporated herein by reference, shall serve in
QBMKE\S784387.2
place of the undetermined ordinary high water mark throughout the property affected by this New
. Lease, and shall serve as theline of division between fee-owned land and leased lands subject to.
the public trust. The Lessee, at its expense, shall have the meanderline surveyed and permanently
monumented at all angle points and at a minimum of each 100 feet along straight line segments.
3. The Lessor hereby leases to the Lessee the area described in Exhibit r21 and illustrated by
map in Exhibit r31, which are incorporated herein by reference, (the "Premises"), for the purposes
of improvement of navigation or for the improvement or construction of harbor facilities.
4. vVhen this New Lease has reached the end of its term, the Lessee or its successors or assigns
shall have the first opportunity to contract for a new lease.
5. The term of the New Lease will be for a period of fifty (50) years from the 1st day of June
2006, expiring on the 31 day of May 2056.
6. The rental fee of One Hundred Dollars ($100) per year shall be due, in advance, on or
before the anniversary date of execution of this New Lease each year commencing on the date of
execution hereof. A further administrative fee of Five Thousand (5,000) Dollars is due and payable
at the eKecution of the New Lease.These~ amounts shall'be in addition to Lease payments
previously made by the Lessee and the Lessor acknowledges that such prior payments were made
in conformity with the leases existing at that time.
..
7. This New Lease may be assigned by the. Lessee taa nominee, successor or assign without
the further approval of the Lessor, provided however that the Lessee herein as well as the said
assignee shall be liable for all of the Lessee's obligations under this New Lease. Furthermore, the
Lessee must provide 15 day advance written notice to the Lessor of its intent to assign this Lease.
QBMKE\S784387.2
8. This New Lease is issued under authority, and subject
(4) of Wisconsin Statutes, 2003-2004.
9. The "Department of Natural Resources Findings Pursuant to Section 30.11, Wis. Stats.
Relating to the New Lease for Decade's Monthly Income and Appreciation Fund" dated May 13,
. 2006 pursuant to Notice given on Febmary 22, 2006, and the "Stipulation and Settlement
Agreement" between the State of vVisconsin Board of Commissioners of Public Lands, the
Wisconsin Department of Natural Resources, the City of Oshkosh, and Decade's Monthly Income
and Appreciation Fund, a Limited Partnership dated D€ce.lMbe-r 26,2005 are incorporated
hereinafter as part of this New Lease, and attached as Exhibits r61 and f7l
10. The Lessee agrees to comply with any and all laws, lawful orders, rules and regulations, to
keep and maintain the Premises in a good and lawful condition and manner, to hold the Lessor
harmless from any and all demands or liability whatsoever because of, or on account of liens,
claims, or obligations of any nature whatsoever arising because of the future improvement of the
Premises or because of the condition or use of the Premises. Furthermore, the Lessee shall be
responsible for and timely pay any proper assessments or utility charges against the Premises.
11. It is further understood and agreed, that if the Lessee, or its assigns, shall violate any of the
conditions herein contained, or violate any of the provisions of the Stipulation and Settlement
Agreement which is executed simultaneously with this New Lease, or shall willfully or maliciously
do injury to the Premises, at the option of the Lessor, this Lease shall be void as to the 'Lessee,
provided however that upon such violation of any of the terms of the New Lease or the Stipulation
.. ..
. .,
and Settlement Agreement, the Lessor shall give notice to the Lessee and to Lessee's assign,
nominee, successor or other party, as designated by Lessee, of such violation and the Lessee shall
QBMKE\S784387.2
representatives, shall be entitled to the immediate possession of the Premises, without hindrance or
delay, and to seek recovery from the Lessee of all damages sustained due to the claimed violation
by the Lessee.
12. The Lessee covenants and agrees to pay and discharge all reasonable costs, attorneys fees
and all other expenses that shall be incurred by the Lessor in enforcing the covenants and
agreements of this New Lease.
IN 'WITNESS 'WHEREOF,the Lessor has caused this Lease to be executed on its behalf
by the Secretary of the B.oard of Com:mssi?ners ~(~l). lie/Lands, and the Lessee .has ca~sed this
Lease to be executed on Its behalf by Its ~~cJLf ""....11":..-., all as of the date flrst wntten above.
Lessor:
'Wisconsin Board of Commissioners of Public Lands
BY:-~~.. ~~e~
~elson, Secretary
Lessee:
DECADE'S NIONTHL Y INCOME AND APPRECIATION
FUN , If\. LIMITED fARTNERSHIP' ~
. ",;\.. ,"f>~ /'1f) ,1 If) n
"u~l~J'~"",,1~(f7~~,]'" '0" ~
By: ,.;iIAi {fL; jV~'; -P/(Sl'i;\ 4.(L""-.Y'
/ P
!
QBMKE\S784337.2
STATE OF ~VISCONSIN
)
)
)
. COUNTY OFJn ~. r.v I'~~ (,,,IIh;L .,-c Ii .
~
- PerSOnally came before l11e this ~ day O(~ ' 2006, the above n""'ed
~,lq,own to l11e to be the~ of the DECADE's
MONTB:L Y INCOME AND APPRECIATION PUND, A LI1vrrrEn P ARTNERSFlJp, and
aCknowledged that he did execute the foregoing instrument.
~I\ ~f~.jl
^ ,l~ , 1D/\C('>v'€'Lr
Notary Public State O( Wisconsip "I i I b
My CommlsSlon &p I Ie 71 ~ 0-(,
. d f C 111mlssioners of
Secretar Wisconsin Boar 0 0
This instrument drafted by Thomas p, German, Deputy y,
Public Lands.
QBMKE\S784387.2
AUG. 1:'.2006 2:37PM
SCHMITT TITLE & ESCR
ENDORSEMENT
Isstled. by
Chicago Title Insurance Company
'it
*
*
*
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The above referenced Commitment is hereby amended as,folloWli:
SCHEDULE A
Effective Date: July27j 2006 @ 7:30 A.M,
3. The land referred to in tIlls Commitment is described as follows:
(See Attached)
SCHEDULE B-lI
Exception No.2 is hereby deleted.
NO. 307
P.2
File Number: 945638
Decade's Monthly Income
and Appreciation Fund
.
Da.ted: August 15,2006
This endotSoI11ent is made a part of the commitment or policy. It is subject to all1hc tenns oCtIle commitment or
policy and prior endorsements. Except as expressly stated on this endorsemt:nt, the terms, dates lUld amount of the
cOmnUt:rDent or poliey and prior endoISements are not cha:nged.
Chicago Title InsUt3nce Company
By S<;:~tt Title 8& EacIOw COIp.. Ag,e(l.t
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Michael!. Skoilind .
I Authorized S'
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AUG. 15.2006 2:38PM
SCHMITT TITLE & ESCR
NO. 307
P.3
EXIIlBJt
Legal Description:
PARCEL 1
. Part of FRACTIONAL SECTION 24 and Part of OOYERNMENT LOT~ 1 AND 2,
FRACTIONAL SECTION 25, Town. 18 North, Range 16 East, City of Oshkosh, Winnebago
County, Wisconsin described liS follows:
Cottllilencing ~t the Northwest COrner of said Fractional Section 25: thence north 89 de,erees 52
minutes IS seconds east. along the North line of said ;Fractional Section 25, a distance of 2342,99
feet to the point ofbegimting; thence nQrth 16 degre~ 54 minutes 00 seconds efU;t, 2.64 feet;
thence south S5 degrees .3 8 minutes 10 seconds east, along the original government meQJ1der line,
39.65 feet; thence south 62 degrees 38 minutes 10 seConds east, along said original government
meander line, 726.00 feet; thence .south 42 degrees 2l minutes 50 seconds west, along said.
original government meander line, 1254,00 reeti thence south 20 degrees 21 minutes 50 seconds
west, along said original government :meander line, 620.36 feet; thence south 89 4egrees 13
minutes 00 seconds west, 178.56 feet; thence north 16 desrees 54 minutes 00 seconds east, along
the East right of way line of Pioneer Drive, 1546.26 feet; thence north 73 degrees 06 minutes 00
seconds we~t, along said East right of wa.y line, 5.00 feet; thenoe north 16 degrees 54 minutes 00
seconds east, along sa.id East right of way line, 400.49 feet to the point of beginning.
P MCEL 2
,
A leasehold estate, as said term is defmed in the leasehold endorsement, created by ground lease
dated made by and between the State of Wisconsin, as Lessor and Decade's
Monthly Income and Appreciation Fund, a Limited Partnership, as Lessee demising the follOWing
described lands:
Parcel 2A
Part of and land contiguous to FRACTIONAL SECTION 24 and part of and lands contiguous to
GOVERNMENT LOT 1, FRACTIONAL SECTION 25, Town 18 North, Ranse 16 East, City of
Oshkosh, Winnebago COuntyl Wisconsin described as follows:
Commencing at the Northwest comer of said Fractional Section 25; thence north 89 degrees 52
minutes IS seconds eas; along the North line of said mctional Section 2S, a distance of 2342.99
feet; thence north 16 degr~ S4 minutes 00 seconds east, 2.64 feet to the point ofbeiinning;
thence continuing north 16 de~ees 54 minutes 00 seconds' east, 50.23 feet; thence north 90
degrees 00 minutes 00 seconds east, 59.99 feet; thence south 61 degrees 23 minutes 00 seconds
east, 592.80 feet; thence 94.24 feet along an arc ofa cU!"\.te to the right ha\'ing a radius of 60.00
feet with a chord which bears south 16 degrees 2~ minutes 00 seconds east, 84.85 feet; thence
south 28 degrees 36 minutes 56 seconds west, 1.55 feet; thence north 02 degrees 38 minutes 10
seconds west, along the original government meander line, 655,97 feet; thence north 55 degrees
38 minutes 10 seconds west, 39.65 feet. to the point ofbeginnins.
AND ALSO
PAGE 3/4 ! RCVD AT 8/15/2006 2:43:47 PM ICentr~ Oa~ight Timej* SVR:MKE.AS-NTRFAX1/1 ! ONIS:8567! CSIO:920 23610301 OURATION (mm.ssj:0146
AUG. 1'3.2006 2:38PM
SCHMITT TITLE & ESCR
NO. 307 " P.4
Parce12B
.
Commencing at the Northwest comer of said Fractional Section 25; thence south 00 degrees 04
minutes 48 seconds west, 748,66 feet; thence north 90 degrees 00 minutes 00 seconds east,
2657,15 feet to the polnt o/beginning; thence 101.58 'feet along an~ ofa cunre to the left
having a radius of179.90 feet with a chord which be41'S south 30 de;rees 4S minutes 36 seconds
east, 156.20 feet; thence north 4S degrees 00 minutes 00 seconds east, 35.40 feet; thence south 14
degrees 02 minutes 00 seconds east, 169.00 feet; thence south 77 desrees 47 minutes 00 seconds
west. 60.60 feet; thence 264.38 feet along an are ofa eunre to the left ha~g a radius of184.80
feet with a chord which bears north 64 degrees 04 minute.s40 ~onds west, 242.40 feet; thence
south 74 degrees S7 minutes 00 seconds west, 45.03 feet; thence north 42 degrees 21 minutes SO
j;econds east, along the original government meander linel 259.45 feet, to the point of'beginniug.
AND ALSO
Parce12C
Commencmg at the Northwest comer of said Fractional Section 2Sj thence south 00 degrees 04
minutes 48 seconds west, 1426.32 feet; thenoe north 90 degrees 00 minutes 00 seconds east,
2122.02 feet to the point ofbeginninS; thence south 73 degrees 06 minutes 00 secondsealit, 39.90
feet; thence south. 16 degrees S4 minutes 00 seconds west, 50.00 fecti thence south 76 degrees 20
minutes 00 ~econds eas~ 55.00 feet; thence south 18 degrees 26 minutes 00 seconds west, 333.00
feet; thence south 57 degrees 20 minutes 00 seconds west, 75.64 feet; thence south 89 degrees 13
minutes 00 seconds we$t, 67.76 feet; thence north~O degrees 21 minutes SO seconds east, along
the original government meander line, 458.77 feet to the point of beginning.
PAGE 414! RCVD AT 8115/20062:43:47 PM [Cenlr~ Day1ight Time] * SVR:MKE-AS-NTRFAX1/1 * DNIS:8667 * CSID:920 2361030 * DURATION (mm-ss}:0146
"'::--1.:'--'
CHICAGO TITLE INSURANCE COMPANY
ALTA COMMITMENT
Revised No.1
SCHEDULE A
Prepared for: Chicago Title Insurance, Fastrack
Copies to; Quarles & Brady
Commitment Number: 945638 Effective Date: January 17, 2006 @ 07:30 AM
Customer Reference No,: REF. #20060113155315
1. Policy or Policies to be issued:
ALTA OWNER'S POLICY -(10-17-92): Amount $ 5,300,000.00
AS MODlFIED BY AL T A ENDORSEMENT 13 as to Parcel 2 (Copy attached)
Proposed Insured:
Decade's Monthly Income and Appreciation Fund, a Limited Partnership, as to Parcell and
Decade's Monthly Income and Appreciation Fund, a Limited Partnership, as Lessee as to
Parcel 2
AL T A LOAN POLICY:
Amount $ **NONE**
Proposed Insured:
**NONE**
2. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at
the effective date hereofof record in:
Decade's Monthly Income and Appreciation Fund, a Limited Partnership, as to Parcell; and
Decade's Monthly Income and Appreciation Fund, a Limited Partnership, as Lessee and the
State of Wisconsin (as lessor), as to Parcel 2
3. The land referred to in this Commitment 1s described as follows:
PARCEL 1
Part of FRACTIONAL SECTION 24 and Part of GOVERNMENT LOTS I AND 2, FRACTIONAL
SECTION 25, Town 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin
described as follows: .
Commencing at the Northwest corner of said Fractional Section 25; thence south 89 degrees 38
minutes 10 seconds east, along the North line of said Fractional Section 25, a distance of2336.54
feet to the point of beginning; thence north 16 degrees 54 minutes 00 seconds east, 23.13 feet; thence
south 55 degrees 38 minutes 10 seconds east, along the original government meander line, 39.65
feet; thence south 62 degrees 38 minutes 10 seconds east, along said original government meander
line, 726.00 feet; thence south 42 degrees 21 minutes 50 seconds west, along said original
I I
This commitment prepared by Sclunitt Title & Escrow Corp,
government meander line, 1254.00 feet; thence south 20 degrees 21 minutes 50 seconds west, along
said original government meander line, 620:36 feet; thence south 89 degrees 13 minutes 00 seconds
west, 178.56 feet; thence north 16 degrees 54 minutes 00 seconds east, along the East right of way
line of Pioneer Drive, 1546.26 feet; thence north 73 degrees 06 minutes 00 seconds west, along said
East right of way line,S feet; thence north 16 degrees 54 minutes 00 seconds east, along said East
right of way line, 380.01 feet to the point of beginning.
PARCEL 2
A leasehold estate, as said tenn is defined in the leasehold endorsement, created by ground lease
dated made by and between the State of Wisconsin, as Lessor and Decade's Monthly
Income and Appreciation Fund, a Limited Partnership, as Lessee demising the following described
lands:
Part of and land contiguous to FRACTIONAL SECTION 24 and part of and lands contiguous to
GOVERNMENT LOT 1, FRACTIONAL SECTION 25, Town 18 North, Range 16 East, City of
Oshkosh, Winnebago County, Wisconsin described as follows:
Commencing at the Northwest comer of said Fractional Section 25; thence south 89 degrees 38
minutes 10 seconds east, along the North line of said Fractional Section 25, a distance of2336.54
feet; thence north. 16 degrees 54 minutes 00 seconds east, 23.13 feet to the point of beginning; thence
continuing north 16 degrees 54 minutes 00 seconds east, 50.23 feet; thence north 90 degrees 00
minutes 00 seconds east, 59.99 feet; thence south 61 degrees 23 minutes 00 seconds east, 592.80
feet; thence 94.24 feet along an arc of a curve to the right having a radius of60.00 feet with a chord
which bears south 16 degrees 23 minutes 00 seconds east, 84.85 feeti thence south 28 degrees 36
minutes 56 seconds west, 7.54 feet; thence north 62 degrees 38 minutes 10 seconds east, along the
original government meander line, 655.96 feet, to the point of beginning.
AND ALSO
Commencing at the Northwest comer of said Fractional Section 25; thence south 00 degrees 21
minutes 50 seconds west, 749.19 feet; thence north 90 degrees 00 minutes 00 seconds east, 2660.34
feet to the point of beginning; thence 161.58 feet along an arc ofa curve to the left having a radius of
179.90 feet with a chord which bears south 30 degrees 45 minutes 36 seconds east, 156.20 feet;
thence north 45 degrees 00 minutes 00 seconds east, 35.40 feet; thence south 14 degrees 02 minutes
00 seconds east, 169.00 feet; thence south 77 degrees 47 minutes 00 seconds west, 60.60 feet; thence
264.37 feet along an arc of a curve to the left having a radius of l84.80 feet with a chord which bears
no~h 64 degrees 04 minutes 40 seconds west, 242.40 feet; thence south 74 degrees 57 minutes 00
seconds west, 45.01 feet; thence north 42 degrees 21 minutes 50 secoJds east, along the original
government meander line,. 259.39 feet, to the point of beginning.
AND ALSO
Commencing at the Northwest comer of said Fractional Section 25; thence south 00 degrees'21
minutes 50 seconds west, 1426,86 feet; thence north 90 degrees 00 minutes 00 seconds east, 2128.56
feet to the point of beginning; thence south 73 degrees 06 minutes 00 seconds east, 39.90 feet;
thence south 16 degrees 54 minutes 00 seconds west, 50.00 feet; thence south 76 degrees 20 minutes
. 00 seconds east, 55.00 feet; thence south 18 degrees 26 minutes 00 seconds west, 333.00 feet; thence
I
This commitment prepared by Schmitt Title & Escrow Corp.
south 57 degrees 20 minutes 00 seconds west, 75.64 feet; thence south 89 degrees 13 minutes 00
seconds west, 67.76 feet; thence north 20 degrees 21 minutes 50 seconds east, along the original
governrnentmeander line, 458.78 feet to the point of beginning.
Tax Key Number: 903-0210
.
This commitment prepared by Schmitt Title & Escrow Corp.
File No. 945638
CHICAGO TITLE INSURANCE COMPANY
ALTA COMMITMENT
SCHEDULE B-1
Requirements
The following are the requirements to be complied with:
a) Payment to or for the account of the grantors or mortgagors of the full consideration for
the estate or interest to be insured.
(This requirement is deleted)
b) Payment to the Company of the premiums, fees and charges for the policy.
c) Proper instrument(s) creating the estate or interest to be insured must be executed and
duly filed for record, to wit: .
1. The Proposed Stipulation and Settlement Agreement should be recorded in the
Office of the Register of Deeds for Winnebago County; Wisconsin.
2. The Proposed Submerged Lands Lease should be recorded in the Office of the
Register of Deeds for Winnebago County, Wisconsin.
(Affects Parcel 2 only)
3 . We should be provided with a copy of the limited partnership agreement for
Decade's Monthly Income and Appreciation Fund together with a copy of the
certificate oflimited partnership filed with the Secretary of State pursuant to Chapter
179 of the Wisconsin Statutes.
Note: The Company res~rves the right to raise add,itional exceptions andlor
requirements if the terms of the Stipulation and Leases in the form provided to
Chicago Title on January 5, 2006 are modified.
This commitment prepared by Schmitt Title & Escrow Corp.
File No. 945638
CHICAGO TITLE INSURANCE COMPANY
ALTA COMMITMENT
SCHEDULE B-II
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
of to the satisfaction ofthe Company.
a) Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereofbut prior to the date the proposed
insured acquires for value of record the estate or interest or mortgage thereon covered by this
Commitment.
b) Special taxes or assessments, if any, payable with the taxes levied or to be levied for the current and
subsequent years.
c) Liens, hook-up charges or fees, deferred charges, reserve capacity assessments, impact fees, or other
charges or fees due payable on the development or improvement ofthe Land, whether assessed or
charged before or after the Date of Policy. (Owner's Policy only)
d) Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed
by law and not shown by the public records.
e) Rights or claims of parties in possession not shown by the public records.
f) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by
an accurate survey and inspection ofthe premises.
g) Easements or claims of easements not shown by the public records. (Owner's Policy Only)
h) Any claims of adverse possession or prescriptive easement
i) Unpaid water and sewer service charges, if any, that may appear on the tax bill fur the current year.
(Owner's Policy Only)
AND THE SPECIAL ExCEPTIONS SET FORTH BELOW:
1, General taxes for the year 2006, not now due or payab Ie,
2. Taxes and assessments, general or special, for the year 2005 (unless a tax receipt showing full
payment is presented).
3. Lease contained in Instrument by and between the State of Wisconsin, as Lessor and the
Chicago and North Western Railway Company, a Wisconsin corporation, as Lessee dated
November 19,1964 and recorded in the Office of the Register of Deeds forWinnebago
County, Wisconsin on December 8,1964 in Vol. 1091 on Page 352 as Document No. 328885.
The above-described lease has been assigned by mesne assignments ;lnd is now held of record
by Pioneer pevelopment Corporation, a Wisconsin corporation by an assignment of/ease dated
May 15,1978 and recorded in the Office ofthe Register of Deeds forWinnebago County,
Wisconsin, on May 17,1978 as Document No. 515627,
This commitment prepared by Schmitt Title & Escrow Corp.
File No. 945638
Acceptance and Assumption Agreement contained in Instrument executed by Pioneer
Development COlporation, a Wisconsin COIporation dated May 15, 1978 and recorded in the
Office ofthe Register of Deeds for Winnebago County, Wisconsin on May 17,1978 as
Document No. 515628.
Assignment of Leases contained in Instrument by and between Bergstrom COIporation,
successor by merger to Pioneer DevelopmentCoIporation and OIy/Montclair Wisconsin Hotels
LLC dated January 9, 1998 and recorded in the Office of the Register of Deeds for Winnebago
County, Wisconsin on January 12, 1998 as Document No. 994525.
Amendment to Lease contained in Instrument by and between the State of Wisconsin and
Oly/Montclair Wisconsin Hotels LLC, a Wisconsin corporation dated April 3, 1998 and
recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on April 28,
1998 as Document No. .1006665.
Second Amendment to Leases contained in Instrument by and between the State of Wisconsin,
Lessor and Oly/Montclair Wisconsin Hotels, LtC, a Wisconsin cOIporation, Lessee dated
March 2, 1999 and recorded in the Office ofthe Register of Deeds for Winnebago County,
Wisconsin on March 12, 1999 as Document No. 1050035.
Assignment of Leases contained in Instrument by and between Oly/Montclair Wisconsin
Hotels, LLC, a Wisconsin limited liability company and Decade's Monthly Income and
Appreciation Fund, a Limited Partnership, a Wisconsin limited partnership dated May 23, 2002
and recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on May
28,2002 as Document No. 1183720.
4. Lease contained in Instrument by and between the State of Wisconsin, Lessor and Norris Grain
Company, Lessee dated July 2, 1969 and recorded in the Office of the Register of Deeds for
Winnebago County, Wisconsin on November 13,1969 in Vol. 1257 on Page 657 as Document
No. 390248.
Assignment of Lease contained in Instrument by and between Norris Grain Company, an
Illinois cOIporation and Pioneer Development Corporation, a Wisconsin corporation dated May
15, 1978 and recorded in the Office of the Register of Deeds for Winnebago County,
Wisconsin on May 17,1978 as Document No. 515629.
Acceptance and Assumption Agreement contained in Instrument executed by Pioneer
Development Corporation dated May 15, 1978 and recorded in the Office of the Register of
Deeds for Winnebago County, Wisconsin on May 17, 1978 as Document No. 515630.
Assignment of Leases contained in Instrument by and between Bergstrom COIporation,
successor by merger to Pioneer Development COIporation and Oly/Montclair Wisconsin Hotels
iLC dated January 9, 1998 and recorded in the Office ofthe Register of Deeds for Winnebago
County, Wisconsin on January 12, 1998 as Document No. 994525.
Amendment to Lease contained in Instrument by and between the State of Wisconsin and
OIy/Montclair Wisconsin Hotels LLC, a Wisconsin corporation dated April 3, 1998 and
recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on April 28 ,
1998 as Document No.1 006665,
ASllignment of Leases contained in Instrument by and between OlylMontclair Wisconsin
This commitment prepared by Schmitt Title & Escrow COIp.
File No. 945638
Hotels, LLC, a Wisconsin limited liability company and Decade's Monthly Income and
Appreciation Fund, a Limited Partnership, a Wisconsin limited partnership dated May 23, 2002
and recorded.in the Office of the Register of Deeds for Winnebago County, Wisconsin on May
28,2002 as Document No. 1183720.
5. Utility License contained in mstrument by and between Norab, a co-partnership and the
Wisconsin Public Service Corporation, its successors, assigns and lessees dated August 16,
1966 and recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin ort
September 7, 1966 in Vol. 1153 on Page 429 as Document No. 351106.
6. Covenants, conditions and restrictions contained in Declaration of Restrictions executed by
Pioneer Development Corporation dated November 23, 1993 and recorded in the Office ofthe
Register of Deeds for Winnebago County, Wisconsin on December 13, 1993 as Document No.
860569,
7. Rights of the public in any portion of the subject premises lying below the ordinary highwater
mark of Lake Winnebago, Fox River and adjoining waterway, and rights of the government to
regulate the use of the shore and riparian rights.
8. This policy does not insure the exact location of any portion of the land created by gradual
buildup of shore (accretion) or the lowering of the water level (reliction), the title to land cut
offby a change in the course of the water body (avulsion), or ownership of artificially filled
land.
9. Rights of the State of Wisconsin and the public in any portion of the Land between the land
insured herein and the established bulkhead line.
10. Rights of parties in possession pursuant to boat slip contracts.
II. Time Warner Cable Bulk Service Agreement contained in Instrument by and between Time
Warner Entertainment Company, L.P. and Montclair Hotels & Resorts Inc. dated September
11, 1998 and recorded in the Office of the Register of Deeds for Winnebago County,
Wisconsin on January 9,2001 as Document No. 1115926.
12, Duties and obligations imposed upon the lessee by the subject leases defming and creating the
existing leasehold interest.
13. Duties arid obligations imposed upon the (proposed) lessee by the proposed Submerged Lands
Lease creating the leasehold to be insured hereunder.
14. Tenns and conditions under the (proposed) Stipulation and Settlement Agreement required
under Schedule B-1 herein.
IS. Mortgage, according to the termS and provisions thereof, from Decade's Monthly Income and
Appreciation Fund - A Limited Partnership, a Wisconsin limited partnership to Associated
Bank National Association to secure the originally stated indebtedness of $3,300,000,00, and
any other amount payable under the tenus thereof, dated May 23, 2002 and recorded in the
Offi.ce of the Register of Deeds for Winnebago County, Wisconsin on May 28,2002 as
DocwnentNo.1l83719, .
Assignment of Leases contained in Instrument by arid between OlyIMontc1air Wisconsin
Hotels, LLC, a Wisconsin limited lIability company and Decade's Monthly Income and
This commitment prepared by Schmitt Title & Escrow Corp.
File No, 945638
Appreciation Fund, a Limited Partnership, a Wisconsin limited partnership dated May 23, 2002
and recorded in the Office of the Register of Deeds for WinnebagoCounty, Wisconsin onMay
28,2002 as Document No. 1183720,
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NOTE: Exceptions 3, 4 & 12 will be deleted upon recording ofthe new leases and/or
Memorandums thereof, as called for in Schedule B-1.
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This commitment prepared by Schmitt Title & Escrow Corp,
File No. 945638
CHICAGO TITLE INSURANCE COMPANY
ALT A COMMITMENT
SCHEDULE B - II
Supplement
The following are the requirements to be complied with for the deletion of the "standard" exceptions:
[normal requirements on sale ofpropertyj
The following apply to the owner's policy to be issued:
Exception (a) orSchedule B-Il will be removed only if a gap endorsement is attached to this commitment
and the requirements for the issuance of "gap" coverage as described in the endorsement are met, including
the payment of the premium.
Exception (b) Schedule B-II will be removed only if the Company receives written evidence from the
municipality that there are no special assessments against the Land, or that all such items have been paid in
full.
Exception (c) of Schedule B-IlwiII be removed only if the Company receives (1) written evidence from the
municipality that there are no deferred charges, hookup fees, or other fees or charges attaching to the
property; (2) evidence that the Land contains a completed building; and (3) a statement showing that the
Land has a water and sewer use account. If the Land is vacant, this exception will not be removed.
Exception (d) of Schedule B-Il will be removed only ifthe Company receives a Construction Work and
Tenants Affidavit on a fonn prepared by the Company and the following is true:
No work done: the Affidavit must establish that there has been no lienable construction work in the
previous six months.
Repair work done: if repair work has been done on an existing structure in the last six months, the
Affidavit must accurately disclose all parties who have done lienable work in the last six months, and have
attached to it original full waivers of lien from each person or company,
New construction: if the property contains a newly-built structure, the Affidavit must incorporate a
complete list of all parties who have done lienable work in the last six months, and have attached to it
original full waivers oflien from each person or company. lfException (e) is removed, it maybe replaced
by the following exception: "Any construction lien claim by a party not shown on the Construction Work
and Tenants Affidavit supplied to the Company.", .
Exception (e) of Schedule B-Il will be removed only if the Company receives a Construction Work and
Tenants Affidavit on a fonn prepared by the Company. If the affidavit shows that there are tenants,
Exception (e) will be replaced by an exception for the rights of the tenants disclosed by the Affidavit.
Exceptions (t), (g) and (h) of-Schedule B-n will be removed only if the Company receives an original
survey which (l) has a current date, (2) is satisfactory to the Company, and (3) complies with current.
ALTAI ACSM Minimum Survey Standards or Wisconsin Administrative Code AE-7. If the survey shows
matters Which affect the title to the property, Exceptions (t). (g) and (h) will be replaced by exceptions
describing those matters. .
This commitment prepared by Schmitt Title & Escrow Corp,
ENDORSEMENT
Attached to Policy No.
Issued by
CHICAGO TITLE INSURANCE COMPANY
I. As used in this endorsement, the following terms shall mean:
a. "Evicted" or "Eviction": (a) the lawful deprivation, in whole or in part, of the right of pOssession insured by this
policy, contral)' to the tenns of the Lease or (b) the lawful prevention of the use of the land or the Tenant Leasehold Improvements
for the purposes pennitted by the Lease, in either case, as a result of a matter covered by this policy.
b. "Lease": the lease agreement described in Schedule A.
c. "Leasehold Estate": the right of possession for the Lease Term.
d. "Lease Term": the duration of the Leasehold Estate, including any renewal or extended tenn if a valid option to
renew or extend is contained in the Lease.
C. "Personal Property": chattels located on the land and property which, because of their character and manner of
aftixation to theland, can be severed from the land without causing appreciable damage to themselves or to the land to which they
are affixed.
t: "Remaining Lease Tenn": the portion of the Lease Tenn remaining after the insured has been Evicted as a result
of a matter covered by this policy.
g. "Tenant Leasehold Improvements": Those improvements, including landscaping, required or permitted to be
built on the land by the Lease that have been built at the insured's expense or in which the insured has an interest greater than the
right to possession during the Lease Term.
i The provisions of subsection (b) of Section 7 of the Conditions and Stipulations shall not apply 'to any Leasehold Estate
covered by this policy.
3. Valuation of Estate or Interest Insured
If, in computing loss or damage, it becomes necessal)' to value the estates or interests of the insured as the result of a
covered matter that results in an Eviction, then that value shall consist of the value for the Remaining Lease Tenn of the Leasehold
Estate and any Tenant Leasehold Improvements existing on the date of the Eviction. The insured claimant shall have the right to
have the Leasehold Estate and the Tenant Leasehold Improvements valued either as a whole or separately. In either event, this
determination of value shall take into account rent no longer required to be paid for the Remaining Lease Tenn.
4. Additional items of loss covered by this endorsement:
If the insured is Evicted, the following items of ioss, if applicable, shall be included in computing loss or damage incurred
by the insured, but not to the extent that the same are included in the valuation of the estates or interests insured by this policy.
3. The reasonable cost of removing and relocating any Personal Property that the insuted has the right to remove
a~d relocate, situated on the land at the time of Eviction, the cost of transportation of that Personal Property for the initial one
hundred miles incurred in connection with the relocation, and the reasonable cost of repairing the Personal Property damaged by
reason of the removal and relocation,
b. Rent or damages for use and occupancy of the land prior to the Eviction which the insured as owner of the
Leasehold Estate is obligated to pay to any persoh having paramount title to that of the lessor in the Lease,
c. The amount of rent that, by the terms of the Lease, the insured must continue to pay to the lessor after Eviction
wltht respect to the portion of the Leasehold Estate and Tenant Leasehold Irnproverhents from which the insured has been Evicted.
d. The fair market value, at the time of the Eviction, of the estate or interest of the insured in any lease or sublease
made by the insured as lessor of ali or part of the Leasehold Estate or the Tenant Leasehold Improvements.
e Damages thatthe insured is obligated to pay to lessees or sublessees on account of the breach of any lease or
sublease made by the insured as lessor of al1 or part of the Leasehold Estate or the Tenant Leasehold Improvements caused by the
EVIction
f. Reasonable costs incurred by the insured to secure a replacement leasehold equivalent to the Leasehold Estate.
g. If Tenant Leasehold Improvements are not substantially completed at the time of Eviction, the actual cost
Incurred by the insured, less. the salvage value, for the Tenant Leasehold Improvements up. to the time of Eviction. Those costs
Include costs incurred to obtain land use, zoning, building and occupancy permits, architectural and engineering fees, construction
management fees, costs of environmental testing and reviews, landscaping costs and fees, costs and interest on loans for the
acquisition and construction.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount
thereot:
CHICAGO TITLE TITLE lNSURANCE COMPANY
BY:
""-~~.,..".,
Riverwalk System Maintenance Plan
As a looped riverwalk trail system is developed along the Fox River between
the new Wisconsin Street bridge and Lake Winnebago (including the trail to
be developed on and adjacent to the Pioneer Resort & Marina property), the
City of Oshkosh will provide for maintenance and upkeep of the facility.
Maintenance activities will include:
· Periodic cleaning and snow removal.
· Upkeep of installed landscaping and landscape features.
· Litter pickup and control.
· Repair of damage to walkway surfaces.
· Replacement of bulbs where decorative light standards are installed.