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Home My WebLink AboutAffidavit of Correction RDA Marion Road/Pearl Avenue Redevelopment Project 2.20.2018A T7-�AJIT 0� COReECrt(OftJ Document Number II Document Title V bII'P�III9IIIIIIiI''I'IIII DOC# 1760550 NATALIE STRONMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 02/20/2018 02:35 PM RECORDING FEE: TRANSFER FEE: EXEMPTION #: PAGES: 9 Recording Area Name and Return Address rzo 6sL1(�5�, f r✓J( �`-19v3-1134 Parcel Identification Number (PIN) THIS PAGE IS PART OF THIS LEGAL DOCUMENT - DO NOT REMOVE. This information must be completed by submitter: document title, name & return address, and PIN (if required). Other information such as the granting clause, legal description, etc., may be placed on this first page of the document or may be placed on additional pages of the document. WRDA Rev. 12/22/2010 /1, Document Number AFFIDAVIT OF CORRECTION Document Title Affiant, David J. Praska, Deputy City Attorney for the City of Oshkosh, hereby swears or affirms that a certain document titled as follows: NOTICE OF EXPIRATION OF Name and Return Address DEVELOPMENT AGREEMENT City Attorney's Office PO Boz 54903-1130 by and between the City of Oshkosh, the Redevelopment Oshkosh, W154903-1130 Authority for the City of Oshkosh, and Oshkosh River 90102220101, 90102220300, Development, LLC, Recorded on the 2' day of February, 90102020000, 90102030000, 90102300000,90102000100, 2018, as Document Number 1759534, and was recorded in 90102000200, 90102220400 Winnebago County, State of Wisconsin, contained the Parcel Identification Number(PW) following error: The recording data for an instrument referenced in the document was inadvertently omitted. Wis. Stat. 706.085(1)(b)7. Paragraph number lof the recorded document stated the following: The City and RDA originally entered into a Development Agreement with an entity known as Akcess Acquisition Group -Oshkosh, LLC, for the purpose of undertaking certain development within the City/RDA's Marion Road / Pearl Avenue Redevelopment Project. Paragraph number i should be corrected to read: The City and RDA originally entered into a Development Agreement, recorded with the Winnebago County Register of Deeds on July 13, 2007, as Document No. 1441344, with an entity known as Akcess Acquisition Group -Oshkosh, LLC, for the purpose of undertaking certain development within the City/RDA's Marion Road / Pearl Avenue Redevelopment Proj ect. AFFIANT is the person who drafted the document being corrected, has personal knowledge of the circumstances of the document, and makes this Affidavit for the purpose of making the above correction. This Affidavit of Correction has been mailed to all parties of the Notice of Expiration of Development Agreement via the United States Postal Service, I' Class Mail, addressed to their last known address. A copAO the ori ' al document is attached to this Affidavit. David J.'OraA Deputy City Attorney Subscribed and sworn to before me this _Jq�day of February, 2018. Notary Pub Ic, State of Wisconsin My Commission: -7 LOW This instrument is not a conveyance of real property as per s. 77.21(1) Wis. Stats. This instrument was drafted by: David J. Praska, Deputy City Attorney Oshkosh, WI 54903-1130 t NOTICE OF EXPIRATION OF DEVELOPMENT AGREEMENT Document Number Document Title IIIIIIIIIIIIIIIIIIIIIIIIIII{1 �' ' 8 Tx:4292267 5 DOC# 1759534 NATALIE STROHMEYER REGISTER OF DEEDS WINNEBAGO COUNTY, WI RECORDED ON: 02/02/2018 09:32 AM RECORDING FEE 30.00 PAGES: 7 Recording Area Name and Return Address City Attorney Office P O Box 1130 Oshkosh WI 54903-1130 Parcel Identification Numbers (PIN) 90102220101, 90102220300, 90102020000, 90102030000,90102300000,90102000100, 90102000200,90102220400 Marion Road / Pearl Avenue Redevelopment Project Expiration of Development Agreement, as Amended and Restated City of Oshkosh, Winnebago County, Wisconsin This instrument drafted by: Attorney David J. Praska Oshkosh, WI 54903-1130 1 26, 2018 NOTICE OF EXPIRATION OF DEVELOPMENT AGREEMENT The undersigned, the City of Oshkosh (City), the Redevelopment Authority for the City of Oshkosh (RDA), and Oshkosh River Development, LLC (ORD), as parties to a Development Agreement, as Amended (Development Agreement), for the Marion Road / Pearl Avenue Redevelopment Project in the City of Oshkosh, hereby agree that the terms of that particular Developer Agreement have expired and are no longer in effect. 1. The City and RDA originally entered into a Development Agreement with an entity known as Akcess Acquisition Group -Oshkosh, LLC, for the purpose of undertaking certain development within the City/RDA's Marion Road / Pearl Avenue Redevelopment Project. 2. The Property subject to Development Agreement, and this Notice, is as follows: Legal Descriptions Attached hereto as Exhibit A 3. The rights and responsibilities of the original Development Agreement was assigned by the City and the RDA to ORD through a document entitled Amended and Restated Development Agreement (10/31/08), which was recorded with the Winnebago County Register of Deeds on April 22, 2010, as Document Number 1537379. 4. The Development Agreement between the City, RDA, and ORD, was further modified as follows: a. Amended and Restated Development Agreement (4/29/09), which was recorded with the Winnebago County Register of Deeds on April 22, 2010, as Document Number 1537380. b. Second Amended and Restated Development Agreement (7/29/09), which was recorded with the Winnebago County Register of Deeds on April 22, 2010, as Document Number 1537381. c. Amendment to the Second Amended and Restated Development Agreement Dated July 29, 2009, which was recorded with the Winnebago County Register of Deeds on February 14, 2012, as Document Number 1594520. 5. The area to be developed pursuant to the Development Agreement included all or most of the Marion Road / Pearl Avenue Redevelopment Project and included certain required timelines for ORD to meet that would allow it to develop the property. 6. ORD did in fact undertake and complete some development projects pursuant to the terms of the Development Agreement, while others parts of the Redevelopment Area have either not been developed or development was undertaken pursuant to separate agreements due to the expiration of the required timeline for development as required by the Development Agreement. 7. The parties therefore agree that the terms of the Development Agreement have expired and are no longer applicable to development within the Marion Road / Pearl Avenue Redevelopment Project unless they are reincorporated in subsequent agreements. 2 January 26, 2018 8. With the expiration of these terms, each parry releases the other from further obligations pursuant to the Development Agreement. 9. This document has no effect upon any other legal document or legal obligation, recorded or otherwise, pertaining to the Marion Road / Pearl Avenue Redevelopment Project including, without limitation, other Development Agreements, Redevelopment Plans, Easements, Cross -access Agreements, Shared Maintenance Agreements, Tax Increment District requirements, as well as all local, state, and federal obligations and liabilities whether occurring through Ordinance, Statute, Administrative Regulation, or common law. SIGNATURE PAGES FOLLOW 3 January 26, 2018 In Witness Whereof, the undersigned have executed this Notice of Expiration this _S_L_ day of 2018.. City of Oshkosh, Wisconsin to STATE OF WISCONSIN) ss. WINNEBAGO COUNTY) Pamela R. Ubrig, City Personally appeared before me this S� day of_ gn , 2018, the above-named Mark A. Rohloff City Manager, and Pamela R Ubrig, City Clerk, of the City of Oshkosh, Wisconsin, to me known to be the persons who executed the foregoing agreement on behalf of the City and by its authority. Notary Public, State of Wiscoilsin My Commission expires: 9) Z (jZ1 Approved as to form: f A. Loren ,--City Attorney J Redevelopment Authority of #'he City of Oshkosh, Wisconsin By:� , Stev ri J. CuiRrungs, Chairman By; H. Allen Davis, III, Executive Director STATE OF WISCONSIN ss. WINNEBAGO COUNTY) Personally appeared before me this S day of c%Ngmn. , 2018, the above-named Steven J. Cummings, Chairman and H. Allen Davis, III, Executive Director, of the Redevelopment Authority of the City of Oshkosh, Wisconsin, to me known to be the persons who executed the foregoing agreement on behalf of the, Authority and by its authority. Notary Public, State of Wisco sin My Commission expires:q1ZLIZIs . 1 January 26, 2018 4 Oshkosh River Development, LLC, a Wisconsin limited liability company By: Andrew Dumke, Member STATE OF WISCONSIN ) )ss. WINNEBAGO COUNTY ) Personally appeared before me this 3L�'day of J Qd eA - , 2018, the above-named Andrew Dumke, of Oshkosh River Development, LLC, a Wisconsin limited liability company, to me known to be the person who executed the foregoing agreement on behalf of said limited liability company /and by its authority. G .. • !i Notary Public, State of f Wisconsin O T My Commission expires: l� :C0 January 26, 2018 475 Marion Road Lot One (1) of CERTIFIED SURVEY MAP NO. 6408 filed in Volume 1 of Certified Survey Maps on Page 6408 as Document No. 1520619; being part of Lots 1 and 2 of CSM 5879 in the South 1/2 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. Parcel Identification Number: 90102300000 455 Marion Road Lot One (1) of CERTIFIED SURVEY MAP NO. 7068 filed in Volume 1 of Certified Survey Maps on Page 7068 as Document No. 1709684; being part of Lot 2 of CSM 6408 in the South %z of the North East 1/4 and the North 1/2 of the South East %a of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102220101 Marion Road — South Side Outlot One (1) of CERTIFIED SURVEY MAP NO. 7068 filed in Volume 1 of Certified Survey Maps on Page 7068 as Document No. 1709684; being part of Lot 2 of CSM 6408 in the South '/z of the North East'/4 and the North % of the South East %4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102220400 Jackson/Marion Corner Lot Three (3) of CERTIFIED SURVEY MAP NO. 7068 filed in Volume 1 of Certified Survey Maps on Page 7068 as Document No. 1709684; being part of Lot 2 of CSM 6408 in the South %z of the North East 1/4 and the North 1/z of the South East 1/a of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102220300 90 Riverway Lot One (1) of CERTIFIED SURVEY MAP NO. 6553 filed in Volume 1 of Certified Survey Maps on Page 6553 as Document No. 1577796; being a re -division of all of Certified Survey Map Number 6506 in the Southeast %4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102030000 1 Jackson/Pearl Lot Two (2) of CERTIFIED SURVEY MAP NO. 6553 filed in Volume 1 of Certified Survey Maps on Page 6553 as Document No. 1577796; A re -division of all of Certified Survey Map Number 6506, being a part of the Southeast 1/4 of the Northeast 1/a and the Northeast'/4 of the Southeast %4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin. Parcel Identification Number: 90102020000 Water Tower Site Lot One (1) of CERTIFIED SURVEY MAP NO. 7150 filed in Volume 1 of Certified Survey Maps on Page 7150 on October 7, 2016 as Document No. 1724920; being a re -division of Lot 4 of Certified Survey Map Number 6553 being a part of the Southeast %4 of the Northeast'/4 and part of the Northeast 1/ of the Southeast'/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102000100 Marion Road — North Side Lot Two (2) of CERTIFIED SURVEY MAP NO. 7150 filed in Volume 1 of Certified Survey Maps on Page 7150 on October 7, 2016 as Document No. 1724920; being a re -division of Lot 4 of Certified Survey Map Number 6553 being a part of the Southeast %4 of the Northeast 1/4 and part of the Northeast 1/4 of the Southeast 1/4 of Section 23, Township 18 North, Range 16 East, First Ward, City of Oshkosh, Winnebago County, Wisconsin Parcel Identification Number: 90102000200 2