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REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN MARCH 30, 2010 10-09 RESOLUTION (CARRIED_______ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: AMEND DEVELOPER AGREEMENT
WITH OSHKOSH RIVER DEVELOPMENT LLC FOR PURPOSE OF ALLOWING CONVEYANCE OF PROPERTY IN THE MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA TO OTHER ENTITIES WITH THE SAME OWNERS AS OSHKOSH
RIVER DEVELOMPENT LLC AND CONTROLLED BY ART AND ANDY DUMKE WHEREAS, the Redevelopment Authority (RDA) and City of Oshkosh previously approved a Development Agreement, as amended, with
Oshkosh River Development LLC for disposition and development of development areas in the Marion Road/Pearl Avenue Redevelopment Phase II Area; and WHEREAS, said Development Agreement
requires that the development areas be conveyed to Oshkosh River Development who could then convey the property to another entity, and WHEREAS, the proposed senior housing facility,
known as ‘The Rivers’, will be funded in part with WHEDA funds and a condition of the WHEDA tax credit purchase is that the RDA must convey the parcel directly to the entity that will
oversee the facility; and WHEREAS, similar concerns may occur as development proceeds under said Agreement with Oshkosh River Development; and WHEREAS, it is proposed to amend said Development
Agreement with Oshkosh River Development to address conveyances of development areas to other entities owned and controlled by Oshkosh River Development, per the attached. NOW, THEREFORE,
BE IT RESOLVED by the Redevelopment Authority of the City of Oshkosh that the Development Agreement, as amended and restated, with Oshkosh River Development LLC is hereby modified by
the attached Amendment to address conveyances of development areas to other entities owned and controlled by Oshkosh River Development, per the attached. BE IT FURTHER RESOLVED that
the proper Redevelopment Authority officials are hereby authorized and directed to enter into the attached amendment or a document with substantially the same terms as attached hereto,
with any changes in the execution copy being deemed approved by their respective signatures, and said RDA officials are authorized and directed to take those steps necessary to implement
the RDA’s obligations under the Developer Agreement.