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HomeMy WebLinkAboutLease Parcel #901-022-0201 8 2 7 1 1 3 7 u Tx:419a453. SUPPLEMENT TO LEASE 1709898 (SALE OF LEASEHOLD PROPERTY) - REGISTER'S OFFICE Document Number Document Title WINNEBAGO COUNTY, WI RECORDED ON 03/31/2016 1.1:33 AM CHRISTOPHER LARSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: 9 Recardin Area Name nd Return Address City Attorney's Office PO sox 1130 Oshkosh,WI 54902-1130 901.0222-0201 Parcel Identification Number (PIN) SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Drafted by: David J. Praska Assistant City Attorney Oshkosh,Wisconsin 54902 i SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) THIS SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) is made as of March 24, 2016 (this "Supplement"), by and between the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN, a separate public body and a body corporate and politic (the "Authority"), and the CITY OF OSHKOSH, --WISCONSIN, a--Wisconsin -municipal corporationand - political subdivision -(the "Municipality"). RECITALS A. The Authority and the Municipality have entered into a Lease dated as of June 1, 2006, which was recorded in the office of the Register of Deeds for Winnebago County, Wisconsin, on June 30, 2006, as Document No. 1403049 (as amended and supplemented, the "Lease"), with respect to the Leasehold Property (as defined and identified in the Lease) including the real property described in Exhibit A attached hereto, and specifically, Lot 2 of Certified Survey Map (CSM) 7068 recorded in the Winnebago County Register of Deeds on March 28, 2016 in Volume 1, page 7068, as Document Number 1709684. B. Section 5.01(a) of the Lease provides that from time to time the Municipality may sell portions of the Leasehold Property to other parties for residential, commercial, industrial or other use consistent with the Redevelopment Plan. Such Section also provides that prior to or at the time any such sale is closed, the Authority and the Municipality shall execute and deliver a Supplement to Lease (Sale of Leasehold Property) (as defined in the Lease) releasing such portions(s) sold from the Lease. C. Section 2.02 of the Lease provides that, until the Authority certifies that all of the Improvements (as defined in the Lease) to be completed by the Municipality with respect to any portion of the Leasehold Property have been completed, the Municipality shall have no power to convey such portion or any part thereof without the consent of the Authority. D. The Authority now intends to sell a portion or portions of the Leasehold Property to another party or other parties for residential, commercial, industrial, and/or other use consistent with the Redevelopment Plan, such parcels) being described in Exhibit A hereto, and specifically, Lot 2 of Certified Survey Map (CSM) 7068 recorded in the Winnebago County Register of Deeds on March 28, 2016 in Volume 1, page 7068, as Document Number 1709684 (the "Approved Resale Property"). All of the Improvements to be completed by the Municipality with respect to the Approved Resale Property have been completed. The Authority and the Municipality now desire to execute and deliver a Supplement to Lease (Sale of Leasehold Property) with respect to the Approved Resale Property. 2 NOW, THEREFORE, in consideration of the Recitals set forth above and incorporated herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Authority and the Municipality hereby agree as follows: Section 1.01 Release of Approved Resale Property from Lease. The Approved Resale Property, specifically,Lot 2 of Certified Survey Map (CSM) - -- 7068 recorded in the Winnebago County Register of Deeds on March 28, 2016 in Volume 1, page 7068, as Document Number 1709684, is hereby released from the Lease, and the Approved Resale Property shall no longer be a part of the Leasehold Property and shall be free and clear from the Lease and all conditions, terms, and provisions thereof, all as of the date hereof. Section 1.02 Amendments to Lease. Exhibit A to the Lease is hereby amended by removing or excepting from said Exhibit the Approved Resale Property. Section 1.03 Certification. The undersigned Chairman and Executive Director of the Authority hereby certify, for and on behalf of the Authority, that all Improvements to be completed by the Municipality with respect to the Approved Resale Property have been completed. Section 1.04 Supplement to Lease (Sale of Leasehold Property). This Supplement is a Supplement to Lease (Sale of Leasehold Property). (Signatures on Following Page.) IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused these presents to be executed by its City Manager and City Clerk and its corporate seal affixed, and the Redevelopment Authority of the City of Oshkosh, Wisconsin, has caused these presents to be executed by its Chairperson and Executive Director and its corporate seal affixed, if any, all as of the day and year first hereinabove set forth. CITY OF OSHKOSH, Wisconsin By: J�w� [SEAL] Mk A. Rohloff,-Ctt� anager And: 61 Pamela R. Ubrig, City Clerk REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH CONSIN By: Ste en J. Cummings, C airman [SEAL] `, n And: H. Allen Davis III, Executive Director 4 STATE OF WISCONSIN ) ) ss. COUNTY OF WINy�NEBAGO ) On the o24I day o , 2016, before me, a Notary Public, in and for the State of Wisconsin, personally ap eared before me Mark A. Rohloff, City Manager, and Pamela R. Ubrig, City Clerk, of the CITY OF OSHKOSH, WISCONSIN, a -- Wisconsin municipal corporation and political subdivision, to me known to be the persons who executed the foregoing instrument and to me known to be such City Manager and City Clerk of said municipal corporation and political subdivision, and acknowledged that they executed the foregoing instrument as such officers; that they know the seal of said municipal corporation and political subdivision; that the seal affixed to said instrument is the seal of said municipal corporation and political subdivision; that the seal affixed to said instrument is the seal of said municipal corporation and political subdivision by authority of its governing body pursuant to resolution passed and approved; and that said persons severally acknowledged the execution of said instrument to be the free and voluntary act and deed of said municipal corporation and political subdivision by its being freely and voluntarily executed, 1N WITNESS WHEREOF, 1 have hereunto set my hand and official seal. Signature: the d [SEAL] Name Printed: Dar! ne P. Brandt Notary Public, State of Wisconsin My Commission expires: 7/6/2018 STATE OF WISCONSIN } ) ss. COUNTY OF WINNEBAGO ) On the day of , 2016, before me, a Notary Public, in and for the State of Wisconsin, personally appeared before me the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN, a separate body and a body corporate and politic, to me known to be the persons who executed the foregoing instrument and to me known to be such Steven J. Cummings, Chairman, and H. Allen Davis III, Executive Director, of said Authority, and acknowledged that they executed the foregoing instrument as such officers; that said instrument was signed and sealed, if any, by them as such officers of and on behalf of said Authority; and the said persons acknowledged the execution of said instrument to be the free and voluntary act and deed of said Authority by it being freely and voluntarily executed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal,: Signature: [SEAL] Name Printed: Darl ne P. Brandt Notary Public, State of Wisconsin My Commission expires: 71612018 5 • ,F EXHIBITA 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 114 and the North 112 of the South East 114 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. 6 Lig ti a; Y u � ��—> 4+'cY+OI Y.pry),89'6C'�'3,4L.L1.,OS ,sA'9E;Z k 9Z:t LiGH fy _. _^� 1 Y.6:9�r— - yd.—..... *.O.app B` W *8 t r 1 ry r� a .� N r�•.A hF 1 llu ZI ns i INN �� .r, h; �-•- � .� � � `—� ,�t VO) �� + 13 r I fi rhe 4�4 3E3 - ! a H 7597"`99 x T4�!OR CERTIFIED SURVEY MAF' -76rg NUMUER MO.ARt—GIMSJON OF �COM BEING A PART OF THE SOUTH 1/2 OF THE NOXIMST LAND PART OF TIC NORTH T/2 OF THE SOUTHSST f14- OF SEMOR 23,TONTZSHIP 16 NORTH, R1WCE 18 EAST OF THE FOURTH PA, IRST MAU, CITY OF OS KOSH, 1 VWaAGO C011M, WISCONSW 1035 Koplarrod,a Green Bny,Y11513i f s2o.4 uwa wwN.aMoncon r4nAt,t0¢01e 1�'Mmq SURVEYORS.CERTIFICATE 1, Josan 12, Houle, Profess:onef Land Stlnreyor, hereby edrttfy; That in fuQ compgonoa with the prohslans of Chopfer 236, Section 236.34 of the Wlsoonsfn Stakutrs, the Lond $ubdlvisfon OrdIrwnces of Vannebago County, and the City of Oshkosh, and under the Orediort of the Radevatopment Authority of the City of OshkPsh, owner of said land. I hove surveyed, divided and moppad the lolloWilg fond bang Lot Z of Ccftiflod Survoy Map Number 610U. Oo{ng o part of the Sooth 1/2 of the Horiheaat 1/4 and part of the North 1/Z of the Southeast 1/4-of Section 23, Township 16 North, Range 18 fast of We 4th P_M.r Orst Word, City of OsKcsh, Winnebago County, %Sconsfn, more ru;ly described as follows; Lot 2 of CerWted Survay flop Number 6408 os recorded fo the offices or the Winnehoga (aunty Register of deeds ac document 1520619. Said porcel contains 277,734 square feet or 6.376 acres of 1an6. Sold porcef Is subject fo easements, agreements, covenants• or resWdlons recorded and unrecorded. That the survey of said land wos done under my direct supan's{on and the map hereon is 6 true and accurate represenkotion of the cAwu ar boundorics and the dlvlsfort tharcaf. ,a,�ti�►i4f IIl!/I/�f JASON R. a HOUL.E S-23 jREI.. t'F� . J�Pe SU .170968E REGISTER'S OFFICE WINNEBAGO COUNTY,WF RECORDED ON 03/26/2016 2:01 PM vol I P9 '7668 CHRXSrOPHER LARSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.08 PAGE$:4 17,.xhlbit..� J,190N R. NOBLE S-2331 S'RECT 2 OF 3 PROFS-SSM 1 LANG SM&YOR PROJEGT Na, 60432283 CADD FILE CS9 DRA" 19Y RAO A 1SN3 07 18 Capture screen now CERTIFIED SURVEY MAP 7tg AX ER 6408, SOHO A PARI 01` 7;E SOUTH 1/2 OF THE NWIFICASTUt%4AN FART NAP OFF 7HE NORTH 1/2 OF AXOM 7t1E SOVTNFA4i 1/4 OF SEcnoN 23, TmNsHp 19 NORTN, RANGE 143 EAST OF TI-r. FOURTH P.M.. FIRST WARD, CRY OF OSHKOW,WfNNE8A60 COUIITY, WISCONSIN 103SKepler Orivc Gramffsy,WiWii 92£3.{E8.i416 ' wuH ngc«�can MUNICIPAL OWNER'S CER-OFICATE The Redevelopment Authority of the City of OshkosN q Scparako body publfa organized and cxiating undo and by virtue of the Lows of the State of 119sconsTn, as owner, does hereby certify chat said Authority caused the fond dascrbed to be surveyed, divided, and mopped as ropresented on this map, iA 6CCard"Co with the provisions of Chapter 236 of the 4 iisconsrh Statutes and the Land Subdivision prd'inonce of the City of Oshkosh. In Yltness Whereof, the sofd Redevelopment Autharlly, has causid these prasents to be signed by H. Allen Davis III its Executive—_Director counlemIgned by Steven J. Cummings — its Chairman bt Oshkosh Y Wisconsin thls --8._._. day of March 2-0 16 Redavatopment/Ati OAv)�r of the City of Oshkbeh: J Execut'rre 131rector H A1I Davis SII cJratrmort Steven J, Cummings SPATE OF W(SCONSIN) :SS WNNEdAGO COUNTY) Pemom9y come tzefare ma ttds 28 day of NaYCh 2016 the oforementioned ropresentotrves of the Redevelopmfnt Authority of the City of Oshkosh, known to me to be the persons who executed the forgoing rnstrument and ecknuxledge(d the same. p, I NatCry Public, My commission expires_ � Winnebago County, State of Yfiscans:n CRY OF_OS MSH PLANNING COMNSStON C TIMCAT£ QE APPROVAL This Certfied rvey Map of port of the South t/2 of the Northeast 1/4 end A of the North 1/2 of the Southeost 1/4 in Sedan 7ownstrip 18 North, Range 16 East, First Ward, City of flshko4p Wfnhebogo County, Wucauin, is hereby approved. City P mng Co mission --- --- / at Represantotiva `4�\L\fie!►G40Exhibit 1df4lt��f�f .. H L s- 3�2 o1T 3 OF 3 JASON R.HOWL£ 3-2 fit IR RECT No 6D4-32283PAoFES5*:AL LW D 5 I CARO FILE CSN! ORNAV BY RAO n. r u ir•i {.'�'.07 t5.. '"--fwdfJtWt'S[rCE T1ptti�"'^'�`� •.