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HomeMy WebLinkAboutSale of Leasehold Property Rivers Phase IIIllpllll''II'�Illlilll''III!I�I SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Document Number Document Title NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 02/02/2018 09:32 AM RECORDING FEE 30.00 PAGES: 8 Recordine Area Name and Return Address City Attorney's Office PO Box 1130 Oshkosh, WI 54902-1130 SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) Drafted by: David J. Praska Deputy City Attorney Oshkosh, Wisconsin 54902 90102220101 Parcel Identification Number (PIN) October 12, 2017 qj SUPPLEMENT TO LEASE (SALE OF LEASEHOLD PROPERTY) This SUPPLEMENT TO LEA�E (SALE OF LEASEHOLD PROPERTY) is made this 31_ day of ��. r , 201 (Supplement), by and between the REDEVELOPMENT AUTHORITY OF THE CIT OF OSHKOSH, WISCONSIN, a separate public body and a body corporate and politic (Authority), and the CITY OF OSHKOSH, WISCONSIN, a Wisconsin municipal corporation and political subdivision (Municipality). RR('TTAT.0 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), with the Leasehold Property, including the specific real property to be sold by the Municipality which is identified and described in Exhibit A attached to this Supplement (Approved Resale Property). Specifically, the Approved Resale Property is Lot 1 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 parts of the Leasehold Property to other parties for residential, commercial, industrial or other uses consistent with the Redevelopment Plan. Section 5.01(a) also provides that prior to, or at the time of, closing the sale of Approved Resale Property the Authority and the Municipality shall execute and deliver a Supplement to Lease (Sale of Leasehold Property) (as defined in the Lease) releasing such Approved Resale Property 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 part of the Leasehold Property have been completed, the Municipality shall have no power to convey such part or any other part thereof without the consent of the Authority. D. The Authority now intends to convey a part or parts of the Leasehold Property to one or more other parties, through the Municipality, for residential, commercial, industrial, and/or other use consistent with the Redevelopment Plan. The specific parcel(s) to be conveyed is an Approved Resale Property as described in the Lease and is identified and described in Exhibit A attached to this Supplement. The Approved Resale Property is Lot 1 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. 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 this Supplement with respect to the Approved Resale Property. 2 October 12, 2017 NOW, THEREFORE, in consideration of the Recitals set forth above which are 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 1 of 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 as described in Exhibit A to this Supplement. Section 1.03 Certification. The undersigned Chairperson 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 Pages.) 3 October 12, 2017 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: 0521— -'Ae [SEAL] _-N&* A. Rohloff, City NIanager • i1n■L�i�%1r1i�1�/J1 4 STATE OF WISCONSIN ) ss. COUNTY OF WNNEBAGO ) On the _3L day of Zmuoq 2041, before me, a Notary Public, in and for the State of Wisconsin, personally appeared 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. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Signature: L [SEAL] Name Printed: j%jaa C . 'FIaniGGY\ Notary Public, State of Wisconsin My Commission expires: g12te J21 4 October 12, 2017 REDEVELOPMENT AU ORITY OF THE CITY OF OSHKOSH,,.WISCONSIN t BY: . —� Steven J. Cummings, Chairperson [NO SEAL] 1. 5� And: Allen Davis, III, Executive Director STATE OF WISCONSIN ) ) ss. COUNTY OF WNNEBAGO)'� On the � day of ',Vct�&, 2 1, 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, Chairperson, 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: k"A'16 C• R"!! . [SEAL] Name Printed: _Xdrpr, r V -1614n Notary Public, State of Wisconsin My Commission expires: g12t,I2) 5 October 12, 2017 Af[X ]SLLLI°5 a_SC']CLE H.9CLLKN _ _ _. k 13-xaus nosr:)vr Y M 'K.Th.A).for .�\ RN / J x � T �Win 7ryj ssyy }�; MURa AI,I i�aaXr U�$�nY Exhibit . 1095 CERTIFIED SURVEY MAP 7G;8 _ A RE-onnsloN OF LOT 2 of CEFM I,t LED SURVEY MAP NUMBER WIS. Com BEWC A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PART OF THE NORM 1/2 OF THE SOUTHE/ST 114 OF SECTION 23, TOWNSHIP 18 NORTH, RANGE 16 EAST OF THE FOURTH P.M, fwsr WARD, CfTY OF OSHKDSH, WNWRA40 COUNTY, WISCONSN t035Kep1erOri a Grun 8ey, W(Wl l 920.460.7470 www.noe mnam unr;a+n@sora Or, ioz SURVEYORS CERTIFICATE 1. Joson R. Houle, Professianef Land Surveyor, hereby certify: That in full compliance with the provisions of Chapter 236, Section 236.34 of the Wisconsin Statutes, the Land Subdivision Ordinances of Winnebago County, and the City of Oshkosh, and under the direction of the Radavelopment Authority of the Clty of Oshkosh, owner of sold land, 1 hava survoyad. divided and mappod the following land being Lot 2 of Cortlfled Survey Map Number 6403. Horng a part or the South 1/2 of the Northeast 1/4 and part of the North 1/2 of the Southcoat 1/4 of Section 23, Townshlp 18 North, Range 16 East of the 4th P.M., First Ward, City of Oshkosh, Winnebago County, Wisconsin, more fully described as rollows: Lot 2 or Cartified Survey Mop Numbqr 6408 of recorded in the office of the Winnebago County Register of deeds a: document J1320619. Sold parcel contains 277.734 square rout or 6,375 aces of fond, Said parcel Is subject to easements, agreements, covenants, or restrkilons recorded and unrecorded. That the survey of sold land was done lender my direct supervisfon and the map hereon is a true and accurate rcpr—cntotion of the extarlar boundorics and the division thereof. DAWN R. HOULE 5-2331 PROFESSIONAL LLJM SURVEYOR h�p 1709684 REGISTER'S OFFICE WINNEBAGO COUNTY, WI RECORDED ON 03/28/2015 2:01 PM vol I P9 7668 CHRISTOPHER 1 ARSON DEPUTY REGISTER OF DEEDS RECORDING FEE 30.00 PAGES: 4 J� ayv�i3 � - • • :Capture screen now Exhibit ._. CERTIFIED SURVEY MAP 76��g _ A RE—DIVISION OF LOT 2 OF CERTIFIED SURVEY NAP NUMBER 8409, C0M BaNO A PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 AND PART OF THE NORTH 1/2 OF THE SOUTW—ASr 1/4 OF SECTION 23, TOWNSHP 18 NORTH, RANGE 16 EAST OF THE FOURTH P.M.. FIRST WARD, CITY OF CSHI<DV. WINNEBACO COUNTY, WISCONSIN 103S KaplerOriva Grartn Bey. WI54311 320.468.1978 www,aaca,.som oy.yAmlara er Xtau MUNICIPAL OWNER'S CERTIFICATE The Redevelopment Authodb/ of the City of Oshkosh, a scporote body public organized and exInUng under and by virtue of the Laws of the State of Wisconsin, as owner, does hereby Certify that said Authority caused tho land described to b• ,surveyed, divided, and mapped on represented on this map, in caardanca with the provisions of Chapter 236 of the Wisconsin Statutes and the land Subdivision Ordinance of the City of Oshkosh. In Witness whereof, the sold Redevelopment Authority, has caused these presents to be signed by H. Allen Davis III Its countersigned by Steven J. Cummings Oshkosh Executive Director and its Chairman at Wisconsin this 28 day o1 March , 20__L6 , Redevelopment Authorit of the City of Oshkosh: �s Executive Director $ All Davis III Chairman Steven J. Cummings STATE OF WISCONSIN) :SS WINNEBAGO COUNTY) Personably came before me thts_ 28 day of March , 2016 the areremenGoned representoWes of r the Redevelopment Authority of the City or Oshkosh, known to me to be the persons who executed the ,forgoing fnetrumont and ocknowledgad the some. Notary Pubflc, My commi—lon axpir.s Winnebago County, State of Wieca-7a This CerUtledaY Flap of port of the South 1/2 of the Northeast 1/4 and art of the North 1/2 of the Southeast 1/4 in Section Township 18 North Range 16 East, First Word, City of Oshkosf]rWinnebogo County, Waaonsin. is hereby approved. / Gty P nning Co mission t Reprosontative JASON R PgaFE53KNU.l uwa 5ue Exhibit h �ov�