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Home My WebLink About34616 / 87-305 OCTOBEA 15 1987 #305 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND PARKINC ACREEMENT AND GROUND LEASE FOR THE RADDISON HOTEL PARKING RAMP INITIATED HY: CITY ADMINISTRATION PLAN COMIISSION RECOP4IENDATION: Action echeduled for Oc[ober 12, 1987 BE IT RESOLVED by [he Commion Coundl of the City of OshkosF. tha[ [he a[tached Amendment of Ground Lease and Memorandum of Amendment of Ground Lease with Park Plaza of Oshkosh� Inc. , and the attached Second Amendmeni [o Parking Agreemen[ with Oahkosh Centre Hotel Ven[ure, for the Raddison Hotel Parking Ramp are hereby approved. BE IT FURTHER RESOLVED that the proper City officiaLs are hereby au[horized and direc[ed to execute said Amendmen[s as attached hereto. SUH�71T2°D BY APF�O+�lEU` �Gl�/,/ _'_ ��. 1� - 17 - Res. '-'305 AMENDMENT OF GROUND LEASE That certain Ground Lease, made and entered into the 26th day of August, 1965 by and between PARK PLAZA OF OSHKOSH, INC. a Wisconsin corporation, and the CITY OF OSHXOSH, WISCONSIN, a Municipal corporation, a memorandum of which Ground Lease was recorded in the office of the Register of Deeds , Winnebago County, Wisconsin, May 13, 1986 as Document 651593, is hereby amended by deleting therefrom the description of the Driveway � Easement contained in Exhibit A of said Ground Lease and sub- stituting therefore the description of the Driveway Easement set £orth in Exhibit A attached hereto . �<� i � /. Dated this �--� �� day of � . .t , c�� , 1987. PARK PLAZA OF OSHKOSH, ZNC. il � g�, �i . _._ . President Attest: G�-(�rG1/�-� S. ��r,�-��Lr-��, Secretary CITY OF OSHKOSH By City Manager Attest: City C1erk - 17a - ' Res. ¥305 EXHIBIT A DRIVEWAY EASEMENT That part of the First Ward, City of Oshkosh, Winnebago County, Wisconsin which is bounded and described as follows : Commencing at the Northeast Corner of Lot 1 in Moore 's Subdivision; thence N89 °-25 ' -3S "W 1S4 . 9& feec, alonq the existing Sou�h line of Marion Street; thence N00 °-24 '-46 "E 55 . 86 feet to the true point of beginning; thence S89°-36 '-07"E 10 .00 feet, to a point on the West line of Commerce Street; thence N00°-24 '-46"E 17.12 feet, along the West line of Commerce Street; thence N89°- 36"-07"W 294 . 77 feet; thence S00 °-23 '-53"W 118 . 77 feet; thence S89 °-36 '-07"E 45 .00 feet; thence N00 °-23 '-53"E 96 .93 feet; thence 589 °-36 '-07"E 239 .75 £eet; thence N00 °-24 '-46"E 14 .57 feet; thence N89 °-36 '-07"W 208 . 84 feet; thence N00 °-23 '-53"E 40 .15 feet; thence 589 °-36 '-07"E 206 . 85 feet to the true point of beginning, such easement being limited to that part of said parcel between the ground 1eve1 and a horizontal plain at elevation 766 .0 feet above � Mean Sea Level. Said parcel contains 14 ,354 . 89 square feet of land. - 17b - kes. #305 MEMORANDUM OF AMENDMENT OF GROUND LEASE THIS MEMORANDUM, dated as of September '��, 1987, between PARIC PLAZA OF OSHKOSH, INC. , a Wisconsin cornoration, and the CITY OF OSHKOSH, WISCONSIN, a Municipal corporation. -WHEREAS , the parties have heretofore entered into a Ground Lease dated August 26 , 1985, a memorandum of which was recorded in the office of the Register of Deeds , Winnebago County, Wisconsin, May 13, 1986 as Oocument No. 651593, and WHEREAS, the parties have entered into an amendment of said Ground Lease amending the description of the Driveway Easement contained in Exhibit A of such Ground Lease, and WHEREAS, the parties wish to record a memorandum of the amendment of such description, NOW, THEREFORE, the parties hereby agree that the description of the Driveway Easer.ment in Exhibit P. of the Ground Lease shall be amended as set forth in Exhibit A attached hereto and such revised description sha11 be substituted for the description of such Driveway Easement originally contained in Exhibit A of the Ground Lease . IN WITNESS WHEREOF, the parties have caused this Memorandum of Amendment of Ground Lease to be duly executed - 17c - Aes. k305 and sealed as of the day and year first above written. Witnesses : PARK P�A2A OF OSHKOSH, INC. � 7� r � ) / � ✓�O-da'-7'NA /_ll� �1N �rs'' BY a,�C -�I' CCC >�.-C__ !' Ted Leyhe, President �� /�V'"�-�, Attest ��(1��rG��(ie. k�� .iz-��, Alberta Kimba 1, Secretary ' (COrporate Seal) Witnesses : CITY OF OSHKOSH, WISCONSIN By William D. Frueh, City Manager Attest Donna C. Serwas , City Clerk (COrporate Seal) STATE OF WISCONSIN) ) ss . WINNEBAGO COUNTY ) � On this ySZz.� day of 1987 , before r�e , a notary public duly auffiorized i and for said County and State aforesaid to take acknowledgments, personally appeared Ted Leyhe , President, and Alberta Kimball, Secretary, of Park Plaza of Oshkosh, Inc. , to me known and known to me to be such officers of Park Plaza of Oshkosh, Inc. , and acknowledged that as such officers , being authorized so to do they executed the foregoing instzument on behalf of said corporation by subscribing the name of such corporation by each as such officer and caused the corporate seal of said corporation to be affixed thereto , as a free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. -Z- - 17d - Res. 3305 IN WITNE55 WHEREOF, I hereunto set my hand and official seal . /��"`` Q. �-�'.vr-- Notary P 1 ic NOTdRS' PL9pf. W185E,Aqfq fnl':1T1', HIS � My Commis s ion pr fnMximnV E�criare reRrt v �y �f�� STATE OF WISCONSIN) ) ss . WINNEBAGO COONTY ) On this day of , 1987, before me , a notary public duly authorized in and for said County and State aforesaid to take acknowledgments , personally appeared, � William D. Frueh, City Manager, and Donna C. Serwas , City Clerk, of the City of Oshkosh, Wisconsin, to me known and known to me to be such officers of the City of Oshkosh, Wisconsin, and acknowledged that as such officers, being authorized so to do they executed the foregoing instrument on behalf of said city by subscribing the name of such city by each as such officer and caused the corporate seal of said city to be affixed thereto, as a free and voluntary act, and as the free and voluntary act of said city, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal . Notary Public My Commission This instrument was drafted � by James Urdan. � - 17e - -3- Res. #305 EXHIBIT A DRIVEWAY EASEMENT That part of the First Ward, City of Oshkosh, Winnebago County, Wisconsin which is bounded and described as follows : Commencing at the Northeast Corner of Lot 1 in Aloore 's Subdivision; thence N69 °-25 '-39 "W 194 .48 feet, along the existing South line of Marion Street; thence N00 °-24 '-46"E 55 . 86 feet to the true point of beginning; thence 589°-36 '-07"E 10 .00 feet, to a point on the West line of Commerce Street; thence N00°-29 '-46"E 17 .12 feet, along the West line of Commerce Street; thence N89°- 36"-07"W 294 . 77 feet; thence S00°-23 '-53"W 118 . 77 £eet; thence S89 °-36 '-07"E 45 .00 feet; thence N00°-23 '-53"E 46 .93 feet; thence S89°-36 '-07"E 239 .75 feet; thence N00°-24 '-46 "E 14 .57 £eet; thence N89 °-36 '-07"W 208 .84 feet; thence N00 °-23 '-53"E 40 .15 feet; thence 589 °-36 '-07"E 208 . 85 feet to the true point of beginning, such easement being limited to that part of said parcel between the ground level and a horizontal plain at elevation 766 .0 feet above � Mean Sea Level. Said parcel contains 19 ,354 . 89 square feet of land. - 17f - Res. #305 SECOND AMENDMENT TO PARKING AGREEMENT THIS SECOND AMENDMENT TO PARKING AGREEMENT ( "Amendment") is made and entered into as of this _ day of 1967, by and between the City of Oshkosh, Wisconsin (the "City") , a municipal corporation, and Oshkosh Centre Hotel Venture ( "OCHV") , a joint venture comprised of OHV Associates, an Illinois limited partnership, and A-K Company, a Wisconsin sole proprietorship. RECITALS A. City and OCHV entered into a certain Parking Agree- ment (the "Parking Agreement") dated December 27, 1984 . A memorandum of the Parking Agreement was included in that certain Memorandum of Ground Lease and Parking Agreement, dated as of December 27 , 1989 , by and between the City and OCHV, which Memorandum was recorded in the Office of the Register of Deeds for Winnebago County, Wisconsin on December 28 , 1989 at 1 : 54 p.m. as Document No. 623090 . B. The Parking Agreement contemplated, among other things , the construction by OCHV of a parking structure within certain air rights (the "Air Richts") described therein and leased thereby to OCHV by the City. C. To provide for a better design of such parking structure, the City subsequently subleased to OCHV the property (the "Property") required for the parkir.g structure in lieu of the Air Rights leased pursuant to the Parking Agreement. - 1�4 _ � � Res. �305 D. The Oriveway Easement included in the Pzoperty is being expanded to improve traffic flow. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party hereto, the City and OCHV agree that the Parking Agree- ment is amended as follows : 1. The description of the Driveway Easement included in the Property is hereby amended to the description set forth in Exhibit A attached hereto. 2 . Except as expressly modified by this Amendment, all terms and conditions of the Parking Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first written above. witnesses as to the City: CITY OF OSHKOSH, WISCONSIN (CORPORATE SEAL) By: William D. FTUeh , City ManaceT Attest: Donna C. Serwas , City Clerk 'z' - 17h - Res. �305 OSHKOSH CENTRE HOTEL VENTURE Attest. . By : OHV Associates , an Illinois � / lim' ed artnership, Ven rer �C�` !e=l�;' - � Hy: 0 V I e e al art i Witnesses as to OCHV: By: 1 i rd M. Perlman, President yA�h�yN �;��'/�- STATE OF WISCONSIN) ) SS . WINNEBAGO COUNTY ) On this day of , 1987, before me, a Notary Public duly authorized in and for the said County in the State aforesaid to take acknowledgments , personally appeared William D. Frueh, City Manager, and Donna C. Serwas , City Clerk, to me known and known to me to be such officers of the CITY OF OSHKOSH, WISCONSIN, and acknowledged that as such officers , being authorized so to do they executed the foregoing instrument on behalf of said corporatio❑ by subscribing the name of sUCh corporation by each as such officer and caused the corporate seal of said corporation to be a£fixed thereto, as their free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My commission expires : Notarv Public � . STATE OF ��°i" S ) ) SS . C�� COUNTY) � � On this t � � day of __�„ ��.r,��,' , 1987 , before me, a Notary Public duly authorized -in and for the said County in the State aforesaid to take acknowledgments , personally appeared Richard M. Perlman, to me known and known to me to be the -3- - 17i - Res. #305 President of OHV, Inc . , general partner of OHV Associates , one . of the general partners of Oshkosh Centre Hota1 Venture, and I, acknowledged that being authorized to do so, he executed the '�, foregoing instrument on behalf of said venture by subscribing '',� the name of said venture by himself as such President, as his ��.. free and voluntary act, and as the free and voluntary act of said venture, £or the uses and purposes therein set forth. IN WITNESS WHEREOF, I hezeunto set my hand and official seal . My commission exoires : ��'l1l - J �'�)/f/ /�r��.>:,> l/% /�� — / � — Notary Public This document was prepared by James Ordan. _q_ - 1�7 _ � Res. k305 EXHIBIT A DRIVEWAY EASEMENT That part of the First Ward, City of Oshkosh, Winnebago County, Wisconsin which is bounded and described as follows : Commencing at the Northeast Corner of Lot 1 in Dtoore ' s Subdivision; thence N89 °-25 '-39 "W 194 . 48 feet, along the existing South line of Marion Street; thence N00 °-24 '-46 "E 55 . 86 feet to the true point of beginning; thence S89 °-36 '-07"E 10 .00 feet, to a point on the West line of Commerce Street; thence N00°-24 '-46"E 17. 12 feet, along the West line of Commerce Street; thence N69 °- 36 "-07"W 294 . 77 feet; thence S00 °-23 '-53"W 118 . 77 feet; thence 589 °-36 '-07"E 45 .00 feet; thence N00°-23 '-53"E 96 .93 feet; thence S89 °-36 '-07"E 239 . 75 feet; thence N00 °-24 '-46"E 14 .57 feet; thence N89 °-36 '-07"W 208 . 89 feet; thence N00 °-23 '-53"E 40 . 15 feet; thence 569 °-36 '-07"E 206 . 85 feet to the true point of beginning, such easement being limited to that part of said parcel between the ground level and a horizontal plain at elevation 766 .0 feet above Mean Sea Level . Said parcel contains 14 , 354 .89 square feet of land. - 17k - �3 o r a J� A O (� N lp � A �-+ O �n � O r O Q N O m z m � c O •• S A � �+ � a a� � n nz o DO Vl QF � `G O � � N D �n � � . �n -1 � O tp W � m a o � Ol V 2 t0 tP � O Z � `� N �� N � � N (+ Z F Q� � GJ � l O A C m � 3 d �