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HomeMy WebLinkAboutHabitat For Humanity & Oshkosh i �11 8303898 Lease Agreement Tx:4219978 Document Number Document Title 1723254 REGISTER'S OFFICE WINNEBAGO COUNTY, Wx This LEASE AGREEMENT (the "Lease"), made and entered RECORDED ON into this 13 day of September, 2016, is by and between the City of 09/19/2e16 12;22 PM Oshkosh, (CITY)a Wisconsin municipality,with its principal offices CHRISTOPHER LARSON located at 215 Church Ave., P.O. Box 1130, Oshkosh, Wisconsin DEPUTY REGISTER OF DEEDS 54903-1130, (collectively "Lessor") and Habitat for Humanity of Oshkosh, Inc., HABITAT a Wisconsin Non-Stock Corporation, RECORDING FEE 30.UU (HABITAT) m PAGES: 15 with its principal offices at 1640 South Koeller Street, Oshkosh, Wisconsin 54902 ("Lessee"): RECITALS Recording Area Name and Return Address City Attorney's Office 1. CITY owns real property within the City of Oshkosh, P.O. Box 1130 Winnebago County,Wisconsin,comprising Lots 1 and 2 of CSM Oshkosh,WI 54903-1130 7082 filed with the Winnebago County Register of Deeds on 91103740201 May 6, 2016, as document number 1712375, and which is P peri de ificaiion Number Adjacent to Grove Street on the west, Cleveland Avenue on the north, and MsNartway Avenue on the south, 2. HABITAT seeks to acquire Lot 1 of CSM 7068 from. the City and develop the property as a fully handicapped residential "twindominium" for the purpose of conveying it to qualified families upon completion. The CITY's conveyance to HABITAT has been delayed pending the resolution of issues related to the Property's title which necessitates this lease to allow HABITAT to begin site preparation and other construction activities prior to the actual conveyance. 3. The CITY and HABITAT have entered into a Development Agreement, frilly executed on May 24, 2016, and recorded with the Winnebago County Register of Deeds as Document Number 11 d3 aS :3 on ,2016,for the purpose of constructing a Rilly handicapped residential"twindominium" fo qualified families. A copy of the Development Agreement is not attached hereto but is incorporated into this Lease,and HABITAT acknowledges that it read and signed the Development Agreement,retains a copy of the Development 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 as attached to the Development Agreement is also attached to this Lease as Exhibit A for reference purposes. 4. It is in both parties' interest that HABITAT begin construction of its approved "twindominium" development on the Leased Premises prior to the resolution of the title issues related to the Leased Premises, and the purpose of this Lease is to allow this commencement of construction. The property subject to this Lease (Leased Premises) is Lot 1 of CSM 7082, filed with the Winnebago County Register of Deeds on May 6,2016, as document number 1712375,with CSM 7082 attached hereto as Exhibit B: CSM 7082 attached as Exhibit B 1 August 17, 2016 5 5. The development of the Leased Premises described in the Development Agreement and in this Lease will be financed through Site Preparation Assistance and Building Construction Assistance from the CITY,through funding from the Oshkosh/Winnebago County Housing Authority, through federal funds received by HABITAT, and through other HABITAT resources. Regardless of HABITAT'S funding sources, and regardless of the timing of funds received by HABITAT, HABITAT agrees that it will not encumber the Leased Premises through mortgages,liens,or other creditor protections or instruments during the term of this Lease, and HABITAT also agrees that all such encumbrances may only be recorded after the Leased Premises has been conveyed to HABITAT only pursuant to the terms identified in the Development Agreement. In the event that any of HABITAT'S funding sources requires some type of security interest in this Lease or the Leased Premises prior to receiving funding, then the CITY agrees to negotiate with HABITAT in good faith regarding any accommodations that may be appropriate for this project. Any accommodation will include, at a minimum, terms requiring that the Leased Premises be subject to continuing obligations under the Development Agreement by whomever retains any interest in this Lease and the Leased Premises. AGREEMENT 6. All Recitals are incorporated into this Lease Agreement, 7. In exchange for one dollar($1.00)and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the CITY agrees to Lease to HABITAT,and HABITAT agrees to accept for Lease, the property identified and described in this Lease (Leased Premises) on the terms and conditions expressly set forth and/or referenced herein. S. 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 HABITAT, or other interested entity subject to an accommodation approved by the CITY,closes on its purchase of and acquires full ownership interest in the Leased Premises; or, (c) the Development Agreement is terminated. 9. This Lease shall terminate without notice upon the insolvency of HABITAT, upon HABITAT'S seeking bankruptcy protection, or upon any HABITAT creditor other than the CITY or other entity subject to an accommodation obtaining any interest in HABITAT or HABITAT'S property. The CITY may elect to terminate this Lease based upon a material default of this Lease which remains uncured after providing 30 days notice of such default. 10. There shat l be no Lease payments due from HABITAT to the CITY during the term of this Lease. 11. HABITAT shall be allowed to construct its "twindominium" building and related improvements on the Leased Premises as approved by the CITY pursuant to the terms of the Development Agreement and consistent with other government rules and regulations. However, actual use of the "twindominium" through the sale of the separate units is contrary to the local zoning code and, therefore, such further conveyance and occupancy will not be allowed until the Leased Premises is conveyed to HABITAT and HABITAT subsequently obtains and records all necessary documents,including condominium documents. 2 August 17, 2016 s No agreements by HABITAT with others which purport to allow the use of the Leased Premises in a manner contrary to this Lease,or to the Development Agreement,shall be allowed,or enforceable,against the CITY or in rem against the Leased Premises. 12. During the term of this Lease,the CITY shall 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 Development Agreement,or to function in its capacity as the owner of the Leased Premises. The CITY shall make all reasonable efforts to not materially disrupt HABITAT'S allowed use of the Leased Premises. 13. During the term of this Lease,HABITAT shall be deemed the owner of al I improvements constructed on the Leased Premises by HABITAT,subject to any legal rights of third—parties. CITY may take actions to gain ownership of improvements upon the abandonment of the development and related interests by HABITAT, assignees, or others by providing known interested parties notice and a right to cure default or to affirm interest in the Leased Premises. 14. HABITAT 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 CITY makes no express or implied promises or warranties related to the condition of the Leased Premises except those identified in the Development Agreement,as Amended and Restated. 15. HABITAT assumes full and complete responsibility for any development activities, fixtures, or improvements to the Leased Premises prior to the date the Leased Premises is conveyed to HABITAT pursuant to this Lease and the Development Agreement. 16. HABITAT acknowledges that it assumes the responsibility of ensuring that its investments in or on the Leased Premises are protected through separate agreements with its donors,lenders and funding sources,or other measures allowed by law. 17. HABITAT shall have all necessary insurance with sufficient limits which will cover its employees,actions and property on the Leased Premises. HABITAT shall hold the CITY harmless from any accident or incident involving HABITAT, its employees or agents, or any dispute with HABITAT or any 3rd party resulting from any action of HABITAT, its agents or assigns, occurring during the terin of this Lease. 18. HABITAT is responsible for paying all utilities,costs,expenses,and obligations ofanykind incurred during the term of this Lease. HABITAT is further required, at its expense, to keep and maintain in good order, condition, and repair the Leased Premises and all improvements constructed thereon. 19. HABITAT shall not allow any encumbrance to be filed on or against the Leased Premises, including mortgages, easements, or similar restrictions unless otherwise explicitly allowed in writing by the CITY. 20. All terms of the Development Agreement pertaining to the Leased Premises are incorporated into this Lease, including but not limited to representations and warranties. CITY may pursue any breach or default of this Lease or of the Development Agreement as allowed by law. 3 August 17,2016 21.HABITAT's restrictions on the use of the Leased Premises during the terms of this Lease are set forth in the Development 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 HABITAT from constructing and operating the approved apartment complex prior to taking ownership of the Leased Premises; and, SIGNATURE PAGE TO FOLLOW 4 August 17, 2016 HABITAT FOR HUMANITY OF OSHKOSH, INC. Barb S leve, President Bea u�I Ashton, Secretary r STATE OF WISCONSIN ) SS COUNTY OF WINNEBAGO ) On thisA o day of �' r ,2016 personally came before me Barb Schlieve,to me known to be the person who executed the foregoing instrument and ac o ledge thel s e. Wj otary Public, State of Wis� s �� My commission expires: STATE OF WISCONSIN ) SS COUNTY OF WINNEBAGO ) On this/k4 day of' *f' , 2016 personally came before me Beau Ashton, to me known to be person who executed the foregoing instrument and ac k wedged he sa e. Notary Public, State of Wisco i �y My Commission Expires: This document drafted by: David J.Praska i Assistant City Attorney Oshkosh,Wisconsin 54903 6 August 17, 2016 IN WITNESS WHEREOF,the parties have executed this Lease Agreement as of the date first above written. CITY OF OSHKOSH, WISCONSIN By: � ivlar Rohloff, City Ma ger By: - � Pamela R._Ubrig, City derk Approvq&Ns to form: By: L Lo vn ttorney STATE OF WISCONSIN ) ) SS COUNTY OF WINNEBAGO ) Personally came before me this ll 1 day of !6r-'PT ,2016,the above-named Mark A.Rohloff and Pamela R. 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PARKWAY AVENUE LOTQ�S�U� y .� AT THE Bill Li:"DEVFFLb'1T=1{€,579 W.Rat.R TO MrsPLT�0S THEN-cu upw"mis m u7 OPQ iter THE nT f V p5ilgow ojpTER F4 S t'!• ti`�4 Di i71h+£FS{tGf}!Fa'*T1ftl 'HIP MR�AxY6{#.Fg �f �`•M...,.ne•• ��� YArAtED AY ?hRl,TE DtlJjV.CNTS.6CC UJ^CL3 S:IV 05106/201-6 5119 AM 1k4Y z,2o�e C3-1RiST4A 1 oFa Im 15 M CooWL S m"Wv�� DEPUTYREGI as R•THE P7"ESSlXVI SVkL MP$713r;E ARS N bt�4 GS evc D �wK .M&M$Y AAD RECGAOIN AMEE DMV2Ra78 PAQ M 3 )(b ibit lof3 CERTIFIED SURVEY MAP No_ FT O'S A RE-DWISION OF LOTB Or-CERTIFIED SURVEY WAP NUNIBER6103, QEiI�fGApI�RTOFT(iEHOR7HEAS3'/aOF7HE=NORTHEAST%OF SECTION29,TOWNSKI'IS �lORTH,RANGE i6 EAST".OF THE FOURTHRht. 1iTNWARD, CITY OfOSHKOSR,WINNEBAGOCCUNT1f,WISCONSIN. to35Kepl£tDrrrs Gtmn 13ay,V1 U3ti 920.468.1979 Caq,i¢ Qnll ey;meo. MUNICIPAL OWNERS CERTIIFICAT6 The City of Oshkosh,a seperata body pu laic organf zed and ebsling under and by virtue of the Laws of the State of V&wnsin,as owner, does hereby certify thaLsaid Authority caused the:land described 10 he surveyed,dMded,dedicated,and mapped as represented on Iiks map•in accordance Wilh the provislons of Chaplet 236 of the Wisconsin Stalutesand 146 Land SubcrNWors Ordinance of the City of Oshkosh. In Wtness kfiefeol,the said City of Oshkosh,has caused these presents to be stgnedby Sark A. Rohlo££ its City Manager sand covnlefstgnedby Pamela 'R. Ubrig Its, Citp Clerk at Oshkosh 4lisColis3 n t,f, ,this day of. A01A Citycwshkosh: CA anger 1 City clerk 11 STATE OF WISCONSIN} :SS WINNEBAGO COUNTY) Personally came before ma this :J day of ! 1 ,20M the aforementioned mprEsenlatives of the City of Oshkosh, known to mC to to Lha persons Who exectfled the tor4gsftg insta entarid acknowedged he—syame. l uz: C, Y k f Y 1hA_!1 ra✓t hty cofnm!sslon ezp es L Notary Pu1Vc, Wrimebago County,Stete of Mm onsTn CITY OF OSHKOSH PLANNfNG COMMISSION CERTIFICATE OF APPROVAL. This Certiried Survey flap of Lot3 of Certified Survey Map numberOI03,being a part of the Kloaeast M of tha Northeast Xof Section 24, Tm+nshfp 18 North,Ra4ge 16 East,of tha4(h P.M-.filth inlaid,Cily of Oshkosh,VAnnebago County,Wiscunsln,is hereby approved. (-. ' Qs1oy/1('0 City Zan nk Comms Date Represendativa ���>!l!tllll!lJf��f�/� ♦,``�sGOIVs�gr Exh bit 6 o2 of-3 / JASO 1�' IT 0 wl SHEET3oF3 PROJECT Na b4443fiO4 THIS ts AN DWH$.L Suk.Ty Doculdna CADD PRE 3b(y4 CSM pF MfZ PRDFESML LL SM AND S1CAAMIs AHE IH DRAWLS BY IRAD DWK/dD DATBURAWNE I OS 2f2016 fapturescreEfl nrrrr CERTIFIED SURVEY MAP No,—'-T 05A �,�� A RE-DIVISION OF LOT 3 OF CERTIFIED SURVEY MAP 14UMBER 6103, � BEING A PART OF THE NORTHEAST''/.OF THE NORTHEAST I OF SECTION 24,TOWNSHIP 10 WRTH,RANGE 16 EAST,OF THE FOURTH PJA,T 1 TH WARD, CITY OF OSHKOSH,NRNNEBAGO COUNTY,WISCONSIN, 1035 Kap'erorrre Green Day,YeT 543f i 929,469 rs7b wrw.aecora.com a��r¢hsca a„uta+ SURVEYORS CERTIFICATE i,Jason R.Houle,professional land svrvoyor,hereby certify;That in&Ili compliance wrilh the provisions of Chapter 236,serilion 236.$4 of the Wisconsin Statutes and the Land Subdivision Ordlnanoe the City of Oshkosh,and under the direction of the Cfty of Oshkosh,ovrner of said land,f have surveyed,divided and mapped the following land being lot 3 of Certified Survey Map number 6103. Sefng a part of the Northeast Y of the Northeast%of Section 24, Township 16 North,flange 16 East,1 ills Ward,4th P,M,,GEty of Oshkosh,Wrnnebago County,Wisconsin,more particularly described as fofiows; Lot 3 of Cerfified Survey Map Number 6103 as recorded in the office of the Winnebago County Reglsle:r of deeds as document 91577796 Said parcel Contains 1.238 gores more or less. Said parte!is subject to easements,agreements,covenants,or restrictions recorded and unrecorded. That the survey of said land was done under my direct supeMslon and the map hereon Is a true and accurate representation orthe exterior boundaries and the division thereof, 171.2375 REGISTER'S OFFICE WINNEBAGO COUNTY,WI RECORDED ON 05/06/2016 8x1.9 AM CHRISTOPHER LARSON DEPUTY REG)<STeP,OF DEEPS RECORDING FEE 30,00 PAGES; 3 '4� eAJAS - r LOO r o 3 r r 3 f Exhib t--&- tlftt�E�tt� JASON FL KWX S-2331 PROFESvw&1,00 s1Wffl oR MAY 2,2016 SHEET 12 OF 3 THIS IS AN aRrO"SU)MtY DOMDO PROJECT No. 60443804 IF THE PA0F1 M*NAL SM AND S? KTUAE AK W GADO FILE 6D44M4 CSAR et RC3rJrtEU COdrAASnNG ItrEC ^ DRAMBY RAD DATA;DRAWN 0510211016