HomeMy WebLinkAboutOshkosh Investors, LLC (Developer's Agmnt) IIIllhIIIHHIUfl
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MEMORANDUM OF
DEVELOPMENT AGREEMENT 1626604
REGISTER'S OFFICE
Document Number Document Title WINNEBAGO COUNTY, WI
RECORDED ON
01/16/2013 09:17 AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
Recording Area r
Name and Return Address
Lynn Lorenson
City Attorney
City of Oshkosh
Post Office Box 1130
Oshkosh, WI 54903-1130
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•
0100400000
Parcel Identification Number (PIN)
8642510_1
MEMORANDUM OF DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT is made and entered into
this ,5+h day of J2tnuar , 2015, by and between OSHKOSH INVESTORS, LLC, a
Wisconsin limited liability 6ompany ("Oshkosh Investors") and the CITY OF OSHKOSH,
WISCONSIN, a Wisconsin municipal corporation ("City").
WHEREAS, Oshkosh Investors and the City entered into a certain Development
Agreement dated as of October 22, 2012 (the "Development Agreement") with respect to the
land described on Exhibit A attached hereto and all improvements located and to be located
thereon(collectively, the"Property"); and
WHEREAS, Oshkosh Investors and the City want to place a Memorandum of
Development Agreement of record in the real estate records for Winnebago County, Wisconsin,
providing notice to third parties of the Development Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, it is agreed as follows:
1. Notice is hereby given that Oshkosh Investors and the City have executed the
Development Agreement affecting the Property. Until termination of the Development
Agreement, the Development Agreement runs with the Property, including the land described on
Exhibit A attached hereto, and is binding upon the Property and any owner, lessee, occupant
• and/or mortgagee of all or any portions of the Property and their successors and assigns.
2. The term of the Development Agreement commences on October 22, 2012 and
terminates upon the expiration of Oshkosh Tax Increment District No. 25 (City Center Hotel
Rehabilitation), subject to earlier termination as set forth in the Development Agreement.
3. The terms, conditions and other provisions of the Development Agreement are set
forth in the Development Agreement, express reference to which is made for greater particularity
as to the terms, conditions and provisions thereof A copy of the Development Agreement is
available upon request from the City at the offices of the City Clerk.
4. This Memorandum is not a complete summary of the Development Agreement.
Provisions in this Memorandum shall not be used in interpreting the provisions of the
Development Agreement. In the event of conflict between this Memorandum and the
unrecorded Development Agreement, the unrecorded Development Agreement shall control.
5. This Memorandum shall be binding upon the parties hereto and their successors
and assigns and shall run with the Property.
8642510_1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
CITY OF OSHKOSH, WISCONSIN
By: /e4____, / i '-
rk A. Rohloff
Its: City Manager
By: 0li--ti L _ i`U-
Pamela R. Ubrig (LJ
Its: City Clerk
Approv: as to form:
B iti
1111111' ' A. Lore _
Its: City Attorney
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
3
Personally came before me this i/-1141 day of -34 v1 , 201A the above-named Mark A.
Rohloff and Pamela R. Ubrig, to me known to be the City Manager and City Clerk of the City of
Oshkosh, Wisconsin and the person who executed the foregoing document and acknowledged
the same.
_A(/ rt
- 747,/W__ \-1A-YA/4/ z- /(-,
Notary Public, State of j,v) I,St-_/,' S /3
My commission: c-� ,),4- 1'_-,
[SIGNATURES AND ACKNOWLEDGEMENTS CONTINUED NEXT PAGE]
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8642510_1
OSHKOSH INVESTORS, LLC
By: OI MANAGEMENT CORPORATION, its Manager
By:
Jo •feffer e
Its: c dent
By: f& t
AVur H. •
Its: Secretary
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
On this 7th day of January , 4,144 personally came before me John Pfefferle and
Arthur H. Rathjen, to me known to be the President and Secretary of OI Management
Corporation, a Wisconsin corporation and Manager of Oshkosh Investors, LLC, a Wisconsin
limited liability company, and the persons who executed the foregoing instrument and
acknowledged the same.
`AOTAR y I
-- Notary Publi at:o isconsin
° cp . P j1G My commissio CS rmanev�r
.
. CTVIIC: `JD%tea
This instrument was drafted by:
Michael J. Lokensgard
Godfrey& Kahn, S.C.
100 W. Lawrence Street
Appleton, WI 54911
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8642510_1
Exhibit A
Property Legal Description
Lot Three (3) of CERTIFIED SURVEY MAP NO. 1197 filed in Volume 1 of Certified Survey
Maps on Page 1197 as Document No. 602518; being part of Lots One (1) through Eleven (11) in
Moore's Subdivision, in the First Ward, City of Oshkosh, Winnebago County, Wisconsin,
excepting therefrom that portion thereof heretofore conveyed to the City of Oshkosh for
riverwalk purposes by Deed recorded in Document No. 1612548.
Tax ID Number 0100400000
8642510_1