HomeMy WebLinkAboutTermination of Lease RDA The Rivers Phase IITERMINATION OF LEASE AGREEMENT DOC* 1759535
NATALIE STROHMEYER
Document Number Document Title REGISTER OF DEEDS
WINNEBAGO COUNTY, WI
RECORDED ON:
02/02/2018 09:32 AM
RECORDING FEE 30.00
PAGES: 6
13 I0b
Recordine Area
Name and Return Address
City Attorney's Office
P.O. Box 1130
Oshkosh, WI 54903-1130
90102220101,
Property Identification Number
TERMINATION OF LEASE AGREEMENT
This document drafted by:
David J. Praska
Deputy City Attorney
Oshkosh, Wisconsin 54903
October 12, 2017
E, A
TERMINATION OF LEASE AGREEMENT
This TERMINATION OF LEASE AWEMENT ("Termination Agreement"), is entered
into thiso29'�day of �a�" _, 201 , by and between the City of Oshkosh, a Wisconsin
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 The Rivers Phase II - Oshkosh, LLC, 230 Ohio Street, Suite 200, Oshkosh,
Wisconsin, 54902 ("Lessee"):
Lessor and Lessee are parties to a Lease Agreement dated September 28, 2015 and recorded
with the Winnebago County Register of Deeds on October 5, 2015 as Document Number 1698640
("Lease Agreement"). The Lease Agreement encumbers property commonly known as 455 Marion
Road, Oshkosh, Wisconsin 54902 and more particularly identified through a metes and bounds
description as "The Rivers 1.5 Lot' that is described within Exhibit A attached to the Lease
Agreement (the "Leased Premises"). As identified and described within the Lease Agreement, the
Leased Premises is a smaller part of a larger parcel that was subsequently separated from the larger
parcel through Certified Survey Map No. 7068.
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 and the parties acknowledge the sale and
acknowledge the termination of the Lease Agreement and will provide notice of these actions by
recording Termination of 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 in its entirety and without reservation as of the date
of this Termination Agreement.
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 as being a
smaller part of a larger parcel that is identified as Lot 2 of CSM No. 6408. The Lease
Agreement referred to and described the Leased Premises as "The Rivers 1.5 Lot'.
"The Rivers 1.5 Lot" metes and bounds description was subsequently separated from
Lot 2 of CSM 6408 and is now described as Lot 1 of CSM No. 7068. The parties intend
to fully terminate the Lease Agreement as to all real property subject to its terms,
regardless of any discrepancies in any legal description of the Leased Premises in the
Lease Agreement that may exist when compared to the creation of Lot 1 of CSM No.
7068.
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October 12, 2017
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 parry to this Termination
Agreement.
5. This Lease Termination Agreement may be executed in multiple counterparts.
[SIGNATURE PAGES FOLLOW]
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October 12, 2017
LESSEE SIGNATURE PAGE TO TERMINATION OF LEASE AGREEMENT:
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 — MM, LLC
A Wisconsin Limited Liability Company, Its Manager
By: Northpointe Development Corporation
A Wisconsin Corporation, Its Sole Member
By:
Callan L. Schultz, President
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WINNEBAGO COUNTY )
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Personally came before me this 1 i - day of J(�,y� ' , -&, the above-named Callan
L. Schultz, as President of Northpointe Development Corporation, to me known to be the person
who executed the foregoing instrument and acknowleed the same in such capacity.
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Notary Public, State of Wise o in ry,
My Commission expires:PUBOG
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4
October 12, 2017
LESSOR SIGNATURE PAGE TO TERMINATION OF LEASE AGREEMENT:
LESSOR:
City of Oshkosh
By:
Mark A. kohloff, City Manager
By: -
Pamela R. Ubrig, City Clerk
STATE OF WISCONSIN )
) ss
WINNEBAGO COUNTY )
City of Oshkosh Redevelopment Authority
By: ,
Steven J. Cummings, Chairman
By:_ A av%
H. Allen Davis, III, Executive Director
Personally came before me this A"'� day of SNY\Q-, ? ,the above-named
Mark A. Rohloff and Pamela R. Ubrig, to me known to be the persons who executed the
foregoing instrument and acknowledged the same.
U_.
Notary Public, State of Wisconsin
My Commission expires: 41
STATE OF WISCONSIN )
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WINNEBAGO COUNTY )
�Ig
Personally came before me this o day ofnv0.r 20T'f, 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.
C. r�-
Notary Public, State of Wisconsin
My Commission expires: qj2 -Z
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October 12, 2017
EXHIBIT A
LEGAL DESCRIPTION
Lot One (1) of CERTIFIED SURVEY MAP NO. 7068, recorded with the Winnebago County
Register of Deed son March 28, 2016 in Volume 1 of Certified Survey Maps on Page 7068 as
Document No. 1709684; being part of a redivision 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 1/2 of the North East 1/4 and part of 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.
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October 12, 2017