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MEMORANDUM OF 1626603
DEVELOPMENT AGREEMENT
REGISTER'S OFFICE
WINNEBAGO COUNTY, WI
Document Number Document Title RECORDED ON
01/16/2013 09:17 AM
JULIE PAGEL
REGISTER OF DEEDS
RECORDING FEE 30.00
Recording Area G\ Th O `•
Name and Return Address �J
Lynn Lorenson
City Attorney
City of Oshkosh
Post Office Box 1130
Oshkosh, WI 54903-1130
•
•
0100400000
Parcel Identification Number (PIN)
8642510_1
MEMORANDUM OF DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT is made and entered into
this j 5+h day of �'q n u,Q r , 201 , by and between OI MANAGEMENT
CORPORATION, a Wisconsin dorporation ("OI Management Corp.") and the CITY OF
OSHKOSH, WISCONSIN, a Wisconsin municipal corporation ("City").
WHEREAS, OI Management Corp. 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, OI Management Corp. 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 OI Management Corp. 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: -- /5-(t17
Ma k A. Rohloff
Its: City Manager
By:
Pamela R. Ubrig
Its: City Clerk
Approves as to form:
slov
`k A. Loren • -
Its: City Attorney
STATE OF WISCONSIN )
) SS
COUNTY OF WINNEBAGO )
Personally came before me this / day of I' , 201 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.
j /k7-/P1--,
iA Ii):/} 6t-%7//r/ sac:
Notary Public;State of t?) )2 J
My commission: /j
[SIGNATURES AND ACKNOWLEDGEMENTS CONTINUED NEXT PAGE]
2
8642510_1
OI MANAGEMENT CORPORATION
By: tg!JIl19ki
Its: SeWta
STATE OF WISCONSIN ) •
) SS
COUNTY OF Winneio )
Personally came before me this 4th day of January , ita32, the above-named
14 r a k u r H. Wafhjeri , to me known to be the secretary of OI
Management Corporation and the person who executed the foregoing document and
acknowledged the sam,e.''' ',j.' r
rAoTAfi y * Ri sue i l J �, t
Notary Public, tate of i s(`D ri n
(n ' T'U L L \C' My commission: 5 per m ane nt
o
This instrument was drafted W
Michael J. Lokensgard
Godfrey &Kahn, S.C.
100 W. Lawrence Street
Appleton, WI 54911
3
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