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Home My WebLink AboutTermination of Lease Agreement/ 431 Marion Road1163 TERMINATION OF Lease Agreement Document Number I Document Tftte This TERMINATION OF LEASE AGREEMENT (the "Term tion Agreement"), is entered into as of theme day of , 2016 by and between the City of Oshkosh, a Wisc nsin Municipality, and the Redevelopment Authority of the City of Oshkosh, with their principal offices located at 215 Church Ave., P.O. Box 1130, Oshkosh, Wisconsin 54903-1130, (collectively "Lessor") and Marion Road Apartments, LLC, 230 Ohio Street, Suite 200, Oshkosh, Wisconsin, 54902 ("Lessee"): Lessor and Lessee are parties to a Lease Agreement dated December 19, 2013 and recorded with the Winnebago County Register of Deeds on February 10, 2014 as Document Number 1657712 ("Lease Agreement") which encumbers the property commonly known as 431 Marion Road, Oshkosh, Wisconsin 54902 and more particularly described on Exhibit A attached hereto (the "Leased Premises"). i�01-- ' A REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 03/31/2016 11:33 AM CHRISTOPHER LARSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: i Rocordina Area Name and Return Address City Attorney's Office P.O. Box 1130 Ophkosh vU15�903-1130 sCRow � 901-0222-0201 Property Identification Number Pursuant to its terms, the Lease Agreement terminates on the date that Lessor conveys a fee simple interest in the Leased Premises to Lessee. Lessor is conveying the Leased Premises to Lessee on the date hereof and the parties wish to record this notice terminating the Lease Agreement. THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The Lease Agreement is terminated as of the date hereof. 2. The Lease Agreement was entered into prior to the recording of CSM No. 7068 and therefore contains a metes and bounds description of the Leased Premises. The parties intend to fully terminate the Lease Agreement, regardless of any discrepancies that may result from the use of a different format to describe the Leased Premises. 3. This Termination Agreement shall be for the benefit of, and shall be binding upon, the parties hereto and their respective heirs, executors, administrators, and assigns. 4. There shall be no lease termination payment owed by either party to this Termination Agreement. 5. This Lease Termination Agreement may be executed in multiple counterparts. [SIGNATURE PAGES FOLLOW] 23, 2016 L' 1 LESSEE SIGNATURE PAGE TO TERMINATION OF LEASE AGREEMENT: IN WITNESS WHEREOF, the parties hereto have executed this Termination Agreement as of the date first above written. LESSEE: Marion Road Apartments, LLC, a Wisconsin limited liability company By: Northpointe Holdings, LLC, a Wisconsin limited liability company Managing Member By. Andrew J. Dumke Managing Member STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) Personally came before me this Mih day of fyl4rc�) , 2016, the above -named Andrew J. Dumke, as Managing Member of Northpointe Holdings, LLC, Managing Member of Marion Road Apartments, LLC, to me known to be the person who executed the foregoing instrument and acknowledged the same in such capacity. E 5a risen Notary Public, State of Wisconsin ETA')- My Commission expires. 7//7//7__ to PUBLIC LE 7� 2 March 23, 2016 LESSOR SIGNATURE PAGE TO TERMINATION OF LEASE AGREEMENT: LESSOR: City of Oshkosh By:-- Mar A. Rohloff, City Manager B 1. i F Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) City of Oshkosh Redevelo n 7 nt Authority By: Steven . Cu mings, Chairman F By: H. Allen Davis III, Executive Director Personally came before me this day of , 2016, the above -named Mark A. Rohloff and Pamela R. Ubrig, to me known to be the pe ons who executed the foregoing instrument and acknowledged the same. &'k" ?i- Notary Public, State of Wisconsi My Commission expires: — J J STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) Personally came before me this aW day of , 2016, the above -named Steven J. Cummings and H. Allen Davis III, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public, State of Wisconsin, My Commission expires:_ -7� This document drafted by: David J. Praska Assistant City Attorney Oshkosh, Wisconsin 54903 March 23, 2016 LEGAL DESCRIPTION Lot Two (2) of CERTIFIED SURVEY MAP NO.7068 recorded with the Winnebago County Register of Deeds in Volume 1 of Certified Survey Maps on Page 7068 as Document No. 1709684; being part of Lot 2 of CSM 6408, which was recorded with the Winnebago County Register of Deeds on October 5, 2009 as Document Number 1520619 in the South 112 of the North East 1/4 and the North 1/2 of the South East 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. 4 March 23, 2016 0 ..,.xhibit S CERTIFIED SURVEY MAP 76rg BEING A P� OF IRE SOM OFjz of THE NOMHMT 11/4 MQ FART OF TFE NOM 1/2 of �COM THE SOMEAST 1!4 OF SEMON 23, TOHNSNIP 1S NORTH, PMGE 16 F.A$T OF THE FOURTH P.M., FIRST N:4RO, CITY OF OSHKOSH, WiNHMG0 MIINTY, WLSCONS174 To35Ksp1er0d*-a Greenaey, WI;4311 920.E g6.4478 v+uw.aocoauan c.�;�y@tali pir ltwr SURVEYORS . CERBEICATE; 1. JOAOn R Hovle, Proftss�ortol Lund Stlrvcyor, hereby certify; TNt Trt fuT compVoma %ith the provisions of Chapter 236, Scc$on 236.34 of the Wisconsin Stakuics, the Land SubdWtJDn Ordirtaneos at Winnehogo County, and Wo City of Oshkosh, and vndar the dfeeciioa of the Redevelopment a.rkherity of khe Cf(y of Oshkosh, owner of said land, F have surveyed. dNided and mapped the folloWag load bafng Lot 2 of Cortiflcd Survoy Vap 14vmbor 640. 6efng a part of the Sodih 1/2 of khe Noriheeat 1/4- and part of the North 1/2 of the Southaeat 1/4 of Section 23, Township 18 bomb, Range 16 l:ost of the Alb p,TT„ First Ward, City of Oshkosh, Vfnnebogo County, Vrseonsfn, more €u(Iy described as fo$ows: Lot 2 of Certified Survay Mop Number 6408 os reaoeded 'trt tbs office of the WinnAbaga `County Reg;>rter of deeds ar; document 11320613. Said parcel contains 277,734 squcre feet or 6X6 acres of land. Sold parcel Is svbjs4t to eesemenks, agreements, covenants, or restric(ions rocarded and unrecorded. That the survey of said land was done under my direct supervisfon and the {nap hereon is 6 tma and accurgto mpresentoYron of the cAcrlar boandoriu and khe dWv ioa thereof. JASON R. HOULE S-23 BEL JASON R. HOULE S-Z33T PROFE5S§0NAL, LWO SVRvi:YCO 1709684 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 03/29/2016 2:01 PM Vol I Ps 7668 CHRISTOPHER LA.RSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.00 PADS: 4 Exhibit A capture screen now CERTREb SURVEY MV 7&,,& _ A Rf D1115ION OF LOT 2 OF CEftTfFfEO SURVEY MAP NumBER jB" BEM A PART OF THE SOUTH 1/2 Of WE OWiREAST 1/� AN0 PART OF THE RGRTH 1 j2 OF TW SOUTWA5T 144 OF SECTION 23, Tr?4YMHO I$ NORTH, COM RANG@ IS EAST OF THE FOURTH P u„ R$T WARD, CITY OF OSHKOSt1, WINNEWO COUNTY, WrS ONSIN 1035xapsrOrw Groan $ay, 4vI543[1 920.4£B.im uwu,o;Um,,cov unY"-mD o 4 bf- a m MUNICIPAL OWNER'S CERTTFICATE Tha Redeverapmeni AulleariV of the City of Oshkosfy q scporate body pubk er5ora cd and existing under and by ortue of the Laws of the state of lWiscvr4n, as owner, does hereby cerUly that void AothorRy caused Cho land descti'had to be aurveycd, dKded, and mapped as represankeO an thle map, in accordonco with the provisions of Chapter 236 of Cho 4llsoansln Stotutas anti the Land Subdiv,sion prd'mance of the City of Oshkosh. 10 Y4(noss whereof, the sold ftedevolopmoM Authority, has caused these pfosonts to be signed by H. Allan Davis III Ks Executive Director , and c,xWersigned by Steven J. Cumming$ _ its Chairman Oshkosh Wisconsin _ khls 28 day of March 20__I6 Redaveiapmant Authorit of the City of Oshkasla: Execullve Diraetor H All Davis III Clsairmal Steven J. Cummings STATE OF MSCONSIN) :SS MEBA00 COUNTY} at personoxy tame before ma this 28 day of— March , 20L 6 the ofar4menttontd rcpresentoVgcs of iho Relev4rapmsat Authority of the City of Oshkosh, known to mo to be tho persons who excouted the forgoing instrument and acknowledgad the some. l Notary Pubt c, My aommdssian expfreeJ12_— Winnebago County. State of 1Yscans',a CITY OF OSHKOSH eLAKNING C()JAVI5S pn G 'This Certified rvey Map of port. of the South 1/2 of the Northeast 1/4, and rt of the Nortks 1/2 of the Southeast 1/4 in setiion Township 18 ?forth, Range 16 East, First yard, City of Oshkosh, Vffrinebogo County, Wisconsin, is hereby oppro4ed. f City P nnIng CO rhfsstan Roprosantotwa-itallfirml.. ,J �/� Exhib ASDH R N MES=