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HomeMy WebLinkAboutThe Rivers II/Lease AgreementDocumeat Number Lease Agreement Document Title This LEASE AGREEMENT (the "Lease"), made and entered into this o��day of �- ;w�.{a� , 2015, is by and between the City of Oshkosh, (CITI� a Wisconsin municipality, and the Redevelopment Authority of the City of Oshkosh, (RDA) , with their principal offices located at 215 Church Ave., P.O. Box 1130, Oshkosh, Wisconsin 54903-1130, (collectively "Lessor") and The Rivers Phase II — Oshkosh, LLC (Rivers In 230 Ohio Street, Suite 200, Oshkosh, Wisconsin 54902 ("Lessee"): RECITALS RDA owns real property within the Marion Road/Pearl Avenue Redevelopment Phase II Area (Project), in the City of Oshkosh, Winnebago County, Wisconsin. ii i iii i �ii ii�i ii� iiiiiii 8 2 4 2 5 8 2 Tx. : 4173067 1698640 ttEGISTER'S OFFTCE Wih[NEBAGO COUNTY, WI RECORDED ON 10/05/2015 9:18 AM )ULIE PAGEL RE6ISTER OF DEEDS RECORDING FEE 30.Q0 PAGES. 1U Area Name and Return Address City Attorney's Office 215 Church Ave. P.O. Box 1130 Oshkosh, WI 54903-1130 0102220000 Property Identification Number 2. The Project includes real property to be redeveloped both North of Marion Road ("Project — North") and South of Marion Road ("Proj ect — South"). The properiy included in this Lease (Leased Premises) is within Proj ect — South, and in particular is a part of Lot 2 of Certified Survey Map 6408, which was recorded with the Winnebago County Register of Deeds as Document Number 1520619 on October 5, 2009. A copy of CSM 6408 and the specific part of Lot 2 that is subject to this lease is attached as E�ibit A and is fully incorporated into this Lease. 3. RDA has leased its real property within the Project area to the CITY for the purpose of facilitating its redevelopment. 4. Lessor and Lessee have entered into a Development Agreement ("Agreement") dated . 07$' , 2015, and recorded with the Winnebago County Register of Deeds as Document Number �(Q on 0�-o��r �, 2015, for the purpose of constructing a multi-family residential development on the Leased Premises. A copy of the Agreement is not attached hereto but Lessee acknowledges that it read and signed the Ab eement, retains a copy of the Agreement, is familiar with it and agrees to be bound by its terms as it may pertain to the development of the Leased Premises. A copy of the development footprint is attached at Exhibit B and incorporated herein. 5. Environmental remediation is required to be performed on the Leased Premises and certain funding sources for this environmental remediation require that Lessor retain ownership of the Leased Premises until remediation is completed. 6. It is in both parties' interest that Lessee begin construction of its multi-family residential structure and related improvements (Apartments) on the Leased Premises prior to the completion of the environmental remediation, and the purpose of this Lease is to allow this commencement of construction. uly 8, 2015 �� � 7. Lot 2 of CSM 6408 will be divided through a new CSM after the completion ofthe Apartment construction as determined by the Lessor and the completion of the environmental remediation as determined by the appropriate state or federal agency. A draft of the future CSM is attached hereto as Exhibit C. The Apartment development subject to the Agreement and to this Lease wi11 be located on a portion of land within Lot 2 of CSM 6408. Until the future CSM is filed, the actual Iocation (Leased Premises) of this Apartment development can only be described by a metes and bounds description which follows. It is expected that the lot in the future CSM corresponding to the Leased Premises will be materially comprised of the metes and bounds description that follows: Attached as E�iibit A 8. The development of the Leased Preznises described in the Agreement and in this Lease will be financed through Choice Bank (Lender) and with a tax credit sale through the Wisconsin Housing and Economic Development Authority (WI�DA). The Lender and/or WHEDA may request and may be granted an interest in this Lease up to and including the right to purchase the Leased Premises from the Lessor in place of Lessee. However, the assignment of any Lessee interest in the Leased Premises must be related to the Apartments development and pursuant to the terms of the A�reement, must be contingent with such transfer becoming effective in the event of a default by Lessee, and must be more fully described in separate documents reasonably agreeable to the Lessor. All assignments, transfers, conveyances of the Leased Premises will be subject to continuing obligations under the Agreement. AGREEMENT 9. All Recitals are incorporated into this Ab eement. 10. In exchange for one dollar ($1.00) and othex good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Lessor agrees to lease to Lessee, and the Lessee ab ees to accept such lease, the property identified and described in this Lease (Leased Premises) on the terms and conditions expressly set forth and referenced herein. 1 L The term of this Lease shall commence on the date it is executed by all parties, and shall end on the earlier of: (a) the date that is ninety-nine (99) years after the date of commencement of this Lease; (b) the date in which Lessee, or a Project Lender as may otherwise be allowed under a lease ass b�nment, closes on its purchase of and acquires full ownership interest in the Leased Premises; or, (c) the Agreement is tenni..nated. 12. This Lease shall terminate without notice upon the insolvency of Lessee, upon Lessee's seeking bazlki-uptcy protection, or upon any Lessee creditor other than Lender obtaining any interest in Lessee or Lessee's property. Lessor may elect to terminate this lease basecl upon a material default of this Lease which remains uncured after providing 30 days notice of such default. 13. Pursuant to the terms of the Agreement, Lessee is obligated to take certain remediation actions at the direction of the Wisconsin Department of Natural Resources and others relating to existing hazardous substances on the Leased Premises (Rem.ediation). Lessee shall perform the Remediation pursuant to the terms of the Agreement, the terms of any grants utilized for this purpose, and the terms required by the Wisconsin Department of Natural Resources (WDNR). Lessee must take aIl necessary actions which will result in a Certificate of Completion from the WDNR for the Leased Premises. Remediation of the site 2 July 8, 2015 cannot be completed until construction of the improvements on the Leased Premises is completed, and the Leased Premises cannot be conveyed by Lessor until the Remediation is complete and alI applicable grants used for Remediation are closed out. Lessee shall close on its purchase of the Leased. Premises on the earliest practical date after the later of the two following events: the issuance of the Certificate of Completion; or, the closeout of the Remediation b ants. It is expected that the grants will be closed out by the Agencies within one hundred twenty (120) days after the issuance of the Certificate of Completion. All parties agree that the timely expiration of this lease, and conveyance of the Leased Premises, is in everyone's best interest and will work in good faith towards that end. Lessor shall convey the Leased Premises to Lessee pursuant to this Lease and the Ab eement. 14. There shall be no Lease payments due from Lessee to Lessor other than the payment identified in parab aph number 10, above, except as may be required by this Lease or the Ab eement during the term of this Lease. 15. The Lessee shall be allowed to construct and operate an apartment building and related improvements on the Leased Premises as approved by Lessor pursuant to the terms of the Ab eement and consistent with other government rules and regulations. No ab eements by Lessee with others which purport to allow the use of the Leased Premises in a manner contrary to this Lease, or to the Ab eement, shall be allowed, or enforceable, against Lessor or in rem against the Leased Premises. 16. During the term of this Lease, the Lessor sha11 be allowed reasonable access to the Leased Premises for any purpose related to any municipal or police power function, to meet its obligations under this Lease or the Ab eement with The Rivers Phase II - Oshkosh, LLC, or to function in its capacity as the owner of the Leased Premises. Lessor shall malce all reasonable efforts to not materially disrupt Lessee's allowed use of the property. 17. During the term of this Lease, Lessee shall be deemed the owner of all improvements constructed on the Leased Premises by Lessee, subject to any legal rights of third—parties. Lessor may take actions to gain ownership of improvements upon the abandonment of the development and related interests by Lessee, assignees, or others by providing known interested parties notice and a right to cure default or to affirm interest in the Leased Premises. 18. The Lessee has had sufficient access to the Leased Premises and as a result is or should reasonably be aware of all aspects related to its condition. The Lessor makes no express or implied promises or warranties related to the condition of the Leased Premises except those identified in the Agreement, as Amended and Restated. 19. Lessee assumes full and complete responsibility for any development activities, fixtures, or improvements to the Leased Premises prior to the date Lessee purchases the Leased Premises pursuant to this Lease. 20. Lessee acknowledges that it assumes the responsibility of ensuring that its investments in or on the Leased Premises are protected through separate agreements with its Lenders or other measures allowed by law. 21. Lessee shall have all necessary insurance with sufficient limits which will cover its employees, actions and property on the Leased Premises. Lessee shall hold the Lessor harmless from any accident or incident involving Lessee, its employees or agents, or any dispute with The Rivers Phase II - Oshkosh, LLC or any 3ra party resulting from any action of Lessee, its agents or assib s, occurring during the term of this Lease. 22. The Lessee is responsible for paying all utilities, costs, expenses, and obligations of any kind incurred during 3 July 8, 2015 the term of this Lease. The Lessee is further required, at its expense, to keep and maintain in good order, condition, and repair the Leased Premises and aI1 improvements constructed thereon. 23. Lessee shall not allow any encumbrance to be filed on or against the Leased Premises, including mortgages, easements, or similar restrictions. 24. All terms of the Agreement pertaining to the Leased Premises are incorporated into this Lease, includin� but not limited to representations and warranties. Lessor may pursue any breach or default ofthis Lease or of the Agreement as allowed by law. 25. Lessee's restrictions on the use of the Leased Premises during the terms of this Lease are set forth in the Agreement, and are specifically incorporated into this Lease. All other terms, conditions, benefits, burdens, and agreements between these parties relating to the Leased Premises shall remain in full force and effect, without alteration, with the exception of any terms that prevent the Lessee frozn constructing and operating the approved apartment complex prior to taking ownership of the Leased Premises; and, SIGNATUREPAGE TO FOLLOW 4 Ju1y 8, 201 S _ _ _ _ _ __ ___ 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. LESSEE: The Rivers Phase II-Oshkosh, LLC A Wisconsin Limited Liability Company By: The Rivers Phase II — Oshkosh — MNI, LLC A Wisconsin Limited Liability Company, It's Manager : Northpointe Development Corporation A Wisconsin Corporation, It's Sole Member By: �� Callan L. Schultz, President� This document drafted by: David J. Prasl:a Assistant City Attorney Oshkosh, Wisconsin 54903 5 July 8, 2015 LESSOR: City of Oshkosh �- ���?2�� Mark A. Rohloff, Cit� Manage�r ��' �-�� By: ' � " ; \ Pamela R. Ubrig, City Clerk 1 Oshkosh Redev opme�t Authority � ' � -- _ �- Steven . Cummings, Chair 1 f _ ✓�,s � H. 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N � �G_. �� N o �F�� B g ���s o m b���o �V \ U 4 � � O � N C � � W� g a° �'�5��65 rg���s����q ����8b gF3$ ��ia��s�a��� l,j��� il��'.oxx I��it ° �� � ���. g � � pU� F� e� b� �� +��G �z3 u�y � W �� F� m�� 4� O � jlh O o�� �� f W ,q��; 4 � ����� 1 52�6 1 'g �'INREBAGO }COaHTYC�4�T RECORDED QH } /��/.2�Qg 1�t28fi� :.,�e `JUL �g �p' GEL �d� -�'° ��� ���ISTER OF DEEbS I�ECORDIHG FEE 17.60 TI�ANSFER FEE � GF P,4GES p � �. d 5��v5 � ' "' j E�hlb�it � �� .. �� 5 � ��og CERTIF(ED SURVEY MAP BEiNG�A P?�R'f OF�THE SOUTi�tZt/2 OF THEENO E.ISI''JTj4NMD � OF TNE � AECOM NORTN i/2 OF TNE SOUTHEAST i/4 OF SEC710N 23, TOWtJSHf? 18 NOKTH, FtAAiGE 16 EASi, FtRST WAR�, CffY OF OSHKOSH, WINNE&4G0 COUMY, W15CANSIN. 1035 Kep!erDrive Green Bay, �'ll 54311 ' 920./G8.1978 wnw.aecom.com c�vr�+d+t(Dmx er ,twu SURVEYORS CERTIFICATE I, Craig �D. Honeen, regiefered lond aurveyor, hereby cerfify: Thot in full compiiance with lhe ptavislons of Chopfer 236, eectlon 236,34 af the 4Csconsln Stotutes, ihe Land Svbdivision Ordinonce of Winnebago Counfy, and the City of Oshkosh, and under the direction of tha Redtvelopment Authority of the Gty of 09hkosh, owner of sald Iand, I have aurveyed, divided ond mopped the (ollorri�g lond being al! of Lot i ond l01 2. of Cerfified Survey �iap Mumber 5879, Being o part of tF>e Soulh 1/2 0( the NoAhaast 1/4 and part o/ the t7orth 1�2 of the Soufheost 1/4 oi Seetion 23, Townehip f8 Norfh, Ranga l5 East, Firs} �y'ard, City ot Oshlcosh, Winnebaqo County, Wiecon�l�, more fully described as folfows; Cammencing oF the Eost }( eorner of said Section 23; thence SOt`}7'26�E olong the aast )ine of the NartheosE 1/4 of sald aection, 403.23 feet; fhence S86'42'34'W, 69.52 feet to �a point on ihe west righ(—oF—woy o( Jackson Street and the eastedy line of Lot 1 ot CertRied Survey Idop Number 5879, that also being ihe polnt of Beginning; thence olong said righf—of—way and the eosteriy line of soid Lof i S01'24'37"E, 231.05, feet; thence ofong the eosterly line of soid Lot 1 SBB'35'23"W, 30.00 feet; thence continuing olong the eosteriy Ilno- of sald Lo{ 1 S�5'06�42'W, 88.04 feet io the southeast corner o( aoid Lol 1; thenee olong lhe souiherfy line oE eofd Lot 1 M65'4.i'261Y, 656.90 feet; thence N62'10'2614, 816.83 Feet olonq ihe southedy lino of sald Lot 1 ond the aoutheriy Ilne of Lot 2 of Certified Survey. Map Number 5874 to fhe southweslerly comer of sold Lot 2: ihence olong the weslerfy fine of aaid Lot 2 N3T05'00'E, 2t4J3 .feef to a poinf on the aoutheriy right—of—way of Marion Road and the northwest corner of sald Lot 2; thence afong 901d southerfy righi—of—woy S65'46'22'E, 886.59 feaF; thence continulnq aiong soid southerly right—o(—way S65'54'10'E, f35.Q2 te-t; thence continuing alonq aald southerly tight—of—way N85'20'29'E, 60.73 feet; ihenee conflnuing along sald southerly right—o(—way N86'33'48'E, 194.29 feeE; thence con�lnuing along sa(d aouiheriy right—of—way 54,99 feet on a curve to the ri9ht having a radius of 35.00 teet, whose chord bears S4b'25'24'E, 49,51 fetl to o point on the westerly right—of—woy of Jackson Sireet and tfie Point at Beginnlnq. Soid parcef contalns 370,656 9gU0fE feet or 8.509 acres more ot less. Sald porcel ia subject to eosements o( record. Thot th_ survay o; sold land was done under my diroot supervision and the rnap hereen (s a trua and otcurate representatian of the erterioT boundaries qnd the divislon Ehereof. � 4�``'�`�tG�fN��j `'' �r,�-�- q�2�/o y �y 5 s,i,' ; c o: ttvas�+ s—zaw �� CAAfG � RcCISTFREO l.V1D SVRYtI'OR, � �, s�rEUS� zo, 2oos = � : HpNSEN � .�. � THIS 45 /N OAICIIl�L SURYcY — $-2840 — DOCVAIENT IF 7HE YRO�SSIOHAL �� qPPLE'TON : SE/,L iS AtPRiT2TFA IN RED �VtO � `'. WI � � 5lCHED IN BLUE �i �'. . `� � N . �pq`,E '`�',, � SUR�����`� ��1{i�ii�t`�t �hB�l� ���� � Le Cl o CERTIFlED SURVEY MAP A11., OF LOT 9 1,N0 LOT 2 OP CE_ili1FIED SURVEY fAeP NUAIBER 5879, � AECOM B�NC A PART OF 'fHE SOUiN 1/2 OF THE NORiHEASi i/4 AND PAR'f OF 7F{E t1�fZiH 1/2 OF T}tE SOUTHEJST 1/4 OF SECTION 23, 704YNSHIP i8 HOfiTH, RIJIGE l6 E%ST, � FlRST WAftD, CfiY OF OSHKOSH, 4l1NNEflACO COUt4TY, WlSCONSIH. � }0% Kepfer Dm�c Grean 8ay, 1M SS315 � 924.<68.1978� . waK�.aecom.com c�*�sr.tm�o er. uwu �fUNIC1PAL OWNER�S CERTIFICATE The Redevelapment Aulhorify of ihe Cily of Oshkosh, a separalt body puhflc oraanized and exl_ting under c�d by viriue of tfie Lown of fhe Stoke of Wi�cons(n, ae owner, doea hereby ceriify thaE said Authority causad the land described to be aurveyad, divided, and mapped as represented on fhis mop, In oc�ordanee with the provieiona of Chople� 236 of (ht �sconsin Statute� ond thn Land Suhdivision Ordinance of the City of O�hkosh. fn Witness whereo(, tha eaid Redevelopmenf Autftority, haa caused these presenta to be signed by Jac3c_� R. Kuuiey it� Etiec�tive Ilimctor - , and coontmigned by ��S �� Q,hkah �� doy of �ptH➢�r ;ts �-� F3+�-�ci., . th(s _, 2D � . � Redevelopment Authority of the City of Oshkosh: Joc s n .. Kinney Exe�Directo� J �� Thomas Belier Chairman ol STA?E OF WISCONSIN) .:SS WINhtEHACO COUNTI') Personafly came be/oro ma thie �h doy of �➢�s' , 2009 the aforementioned representatives of fhe Redevelopment Avthority of the City of Oahkosh, known to me to be the persone who execvted the forgofng instrumenE on ack owlodged the sam . ' `�- �1���� 1 "" - Notary`Publlc, -� IAy,commisslort ezplres V�/���� Ylnne6ago County, $toke of Wieconsin � i� � • .� • •..,. J i - i � • - : • � - — ThSs Certifled Survey Map of part of the South 1/2 of the Northcast 9/4 and part of the Nor:h 1f2 of ihe Southeast 7/4 in Section 23, Town�hip t8 North, Ronge 16 Eost, FrsE Y/afd, Cify of Oshkosh, �nnebogo County, Yfisconsln, Is hereby opprovad. ��f � zY-a� Cit a ng Commisslon Dote Repree enta tive �t/1lIPffJ ,�`�1y��SGONSj ``'�, ; ., ,c�G ..N -.�.�rr..c.a'`l"' !�/``�' D`I : � : HpNSE��! : �r � rtwsat s-2e4o � -2840 — •�RECISTERED V.+�O SURVEYOR `� •sFrr�useR za, zoos APPLECON ..n+is ts k� owc��+u_ suRrer �:�� (�A'�, , WI �OQ„`�`� DOCULf� lF T}{E PROFESSION4. r�+�,YO SUF��� ��`` SICNED tN B� E� IN RE� MI� t��fftit11i1`\�, 2D0700848 PROPOSFD—CSSi CDH 8 2� og �xh�bit - , d�� � 3.9L,LI.IDS � '.LS AjOS�l� �'I' _ ��_ Q�'�— ,FZ'L01' 3� I• � ; Ni� �ia 'rra�i 'rr rrou�x io. 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O X N a c� � O � V � � � ya � O � y�N � CJ�� � q F �'�r F azr � wWz� 6 X �1 "� C.P � " LEGAL DESCRIPTION The Rivers 1.5 Lot Oshkosh, WI A parcel of land, being a part of Lot 2 of Winnebago County Certified Survey Map No. 6408, located in the NE 1/4 of the SE 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as: Begirming at the Northwest corner of said Lot 2 of Certified Survey Map No. 6408, said point being on the southwesterly right-of-way line of Marion Road; Thence S65°-46'-22"E, along said southwesterly right-of-way line, 238.54 feet; Thence S24°-13'-36"W, 149.48 feet to the beginning of a curve to the right, having its radius point bearing northwesterly, 290.00 feet; Thence southwesterly 193.16 feet along the arc of said curve, the long chord of which bears S85°-11'-09"W, 189.61 feet to a point on the northeasterly line of Outlot 1 of Certified Survey Map No. 5879 and the end of said curve; Thence N62°-10'-26"W, along said northeasterly line of Outlot 1, 72.91 feet to the southwest corner of said Lot 2 of Certified Survey Map No. 6408; Thence N24°-13'-38"E, along the westerly line of said Lot 2, 236.95 feet to the Point of Be�irming and the end of this description; Containing 51,843 square feet, or 1.190 acres of land. LEGAL I��SGRIP'I'ION Outlot Adjacent to The Rivers 1.5 Lot Oshkosh, WI A parcel of land, being a part of Lot 2 of Winnebago County Certified Survey Map No. 6408, located in the NE 1/4 of the SE 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin, being more particularly described as: Commencing at the Noi-thwest corner of said Lot 2 of Certified Survey Map No. 6408, said point being on the southwesterly right-of-way line of Marion Road; Thence S65°-46'-22"E, along said southwesterly right-of-way line, 238.54 feet to the Point of Begins�ing of this description; Thence continuing S65°-46'-22"E, along said southwesterly right-of-way line, 20.00 feet; Thence S24°-13'-36"W, 253.21 feet to the northeasterly line of Outlot 1 of Certified Survey Map No. 5879; Thence N62°-10'-26"W, along said northeasterly line of Outlot 1, 186.14 feet to the beg�..iuling of a curve to the left, having its radius point bearing northerly 290.00 feet; Thence northeasterly 193.16 feet along the arc of said curve, the long chord of which bears N85°-11'-09"E, 189.61 feet; Thence N24°-13'-36"E, 149.48 feet to the Point of Begu7ning and the end of this description; Containing 11,519 square feet, or 0.264 acre of land. Descriptions by: Ken Wolf, PLS-1421, AECOM June 25, 2015 Project No. 60432283 ���Iblt 5 c�5