HomeMy WebLinkAbout31. F) Inactive Liqour License- Tower AssociatesPARTNERS: DEMPSEY LAW FIRM, LLP
TIMOTHY M. DEMPSEY A WISCONSIN LIMITED LIABILITY PARTNERSHIP
CHARLES J. HERTEL
BRIAN D. HAMILL 210 North Main Street 2079 Lawrence Drive, Suite C
PETER J. CULP
DANIEL J. HURST Oshkosh, WI 54901 De Pere, WI 54115
HEATH G. MYNSBERGE
920-235-7300 (office)
920-235-2011 (facsimile)
www.dempseylaw.com
April 4, 2017
Pamela R. Ubrig
City Cleric, City of Oshkosh
215 Church Avenue
PO Box 1130
Oshkosh, WI 54903-1130
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ASSOCIATES:
ELIZABETH A. HARTMAN
ASHLEY D. SWICK
OFFICE MANAGER:
BILLIE JO SEARL
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APR 0 b 2017
CITY Cl %lY °z OFFICE
Re: Gabert & Rusch Properties/2010 W. 9' Avenue, Oshkosh
Dear Ms. Ubrig:
We represent Thomas Rusch and Richard Gabert, who do business as Gabert & Rusch
Properties. Our clients own the real property located at 2010 W. 9t'' Street, Oshkosh, Wisconsin.
Our clients hold a Combination Class `B" liquor license for that location. Gabert & Rusch
Properties is in receipt of your letter inquiring as to the status of the use of the liquor license for
the property and this letter provides their response.
It is acknowledged that more than one year has passed since a business has operated at
2010 W. 9t" Avenue. At all times prior to 2016, the liquor license has been utilized by a tenant of
Gabert & Rusch Properties. Unfortunately, late in 2015 the most recent tenant closed its doors
and went out of business. Since that date, Gabert & Rusch has actively marketed the property for
lease by a new tenant. Throughout that process, the property has been shown to numerous
prospective tenants who were qualified to lease the property, each of which would have utilized
the liquor license. Negotiations have been conducted for a lease to the point that lease forms
were prepared. Despite their best efforts, Gabert & Rusch does not have a tenant for 2010 W. 9t'
Avenue as of the date of this letter.
To market their property for lease, Gabert & Rusch has utilized the services of First
Weber Group, which has offices at 601 Oregon Street, Oshkosh, Wisconsin. The representative
of First Weber Group that is charged with marketing the property is Steven Hoopman.
Accompanying this letter is a letter from Mr. Hoopman that describes the efforts that have been
made to procure a new tenant for the site. Importantly, the efforts to procure a new tenant are on-
going and our client expects to enter into a lease with a new tenant who shall utilize the liquor
license in the foreseeable future.
07318526.WPD.1 Established in 1849
Pamela R. Ubrig
City Clerk, City of Oshkosh
April 4, 2017
Page 2
It is acknowledged that the liquor license that was issued for the property owned by Gaber
& Rusch has not been utilized for more than one years' time. However, our client has taken
reasonable action to procure a tenant that will utilize the liquor license in accord with the
expectations of the City of Oshkosh. Gabert & Rusch request a reasonable extension of time
within which to secure a new tenant that shall utilize the liquor license as contemplated by the
City.
Should you have any questions concerning this matter, please advise us. Thank you for
your consideration.
Sincerely,
DEMPSEY LAW FIRM, LLP
Charles J
CJH:sma
Enclosure
cc: Thomas Rusch (via email)
Richard Gabert (via email)
07318526. WPD.1
31- F
FiRs,rWrBER
firstweber.com
Oshkosh
RECEIVIED
APR CO 5 2017
April 4, 2017
CITY CLERK'S OFFICI;
Pamela R. Ubrig
City Clerk, City of Oshkosh
215 Church Avenue
PO Box 1130
Oshkosh, WI 54903-1130
RE: Gabert & Rusch Properties/2010 W. 9th Avenue, Oshkosh
Dear Ms. Ubrig:
Please be advised that First Weber Group has been engaged by Richard Gabert and
Thomas Rusch, doing business as Gabert & Rusch Properties, to secure a tenant with respect to
the building that they own located at 2010 W. 9th Avenue, Oshkosh, Wisconsin 54904, which
property holds a Class "B" liquor license that was issued by the City of Oshkosh. For years prior
to 2016, the property had been leased to entities owned and controlled by Lee Engleman,
which entities actively utilized the liquor license. Sadly, in late 2015, Mr. Engleman died and his
business was closed.
First Weber Group was engaged to lease the property on February 16, 2016. Since that
time, we have actively promoted the property in question for lease. Such marketing has been
particularly aggressive through known commercial real properties websites including LoopNet,
Xcelent and Catalyst. As a result of our marketing efforts, approximately 25 parties have shown
an interest in leasing the property, almost all of whom would have utilized the liquor license. In
some cases, drafts of proposed leases have been prepared. Unfortunately, for a variety of
reasons, none of those negotiations has resulted in a signed lease. Importantly, at this time, we
are in serious negotiations with a qualified, potential tenant. We believe the tenant's interest is
serious and that negotiations could lead into a lease. However, as before, we cannot be sure
that negotiations will result in a signed lease with a party that shall utilize the Class "B" liquor
license.
Gabert & Rusch have made a sincere and earnest effort to find a tenant to operate on
their property. We believe that they have done everything reasonably possible to gain a tenant
{07318540. DOCX.1}
and are doing everything that they reasonably can to procure a good tenant that will serve the
City and its residents for many years to come. Given the continuous amount of interest that
has been shown for the property, we are confident that a tenant shall be secured and operating
at 2010 W. 9th Avenue within six months from the date of this letter.
Should you or the Council have any questions concerning the on-going efforts on the
part of First Weber Group to procure a new tenant for the property located at 2010 W. 9th
Avenue, please advise us. We thank you for your consideration.
Sincerely,
Steve Hoopman
{07318540.DOCX.11
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