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HomeMy WebLinkAboutTermination of Lease Winnebago County & RDA 01-0202-0000 111111111111111111 8 4 9 2 6 6 1 Tit 1786780 TERMINATION OF LEASE AGREEMENT NATALIE STROHMEYER REGISTER OF DEEDS Document Number Document Title WINNEBAGO COUNTY, WI RECORDED ON: 04/08/2019 01:08 PM RECORDING FEE: PAGES: 5 1390 Recording Area Name and Return Address el City Attorney's Office QlC' P.O.Box 1130 Cif` Oshkosh,WI 54903-1130 90102020000, 90102000200, 90102220300 Property Identification Number TERMINATION OF LEASE AGREEMENT This document drafted by: David J. Praska Deputy City Attorney Oshkosh, Wisconsin 54903 1 November 29, 2018 f TERMINATION OF LEASE AGREEMENT 1. This TERMINATION OF LEASE AGREEMENT ("Termination Agreement"), is entered into this2 day of -Z-0w• cLr , 2019, by and between the CITY OF OSHKOSH, Winnebago County,Wisconsin,a�'isconsin municipal corporation and political subdivision (Municipality),and the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, a separate public body and body corporate and politic (Authority). 2. The Authority and Municipality are the parties to a Lease Agreement dated June 1,2006,and recorded with the Winnebago County Register of Deeds on June 30, 2006, as Document Number 1403049. The Lease benefited both the Authority and the Municipality through its purpose of facilitating the issuance of certain municipal bonds and the resulting improvements to be constructed within the Marion Road / Pearl Avenue Redevelopment Area. 3. After the parties entered into the Lease Agreement, certain parcels within the Redevelopment Area were improved and conveyed to private entities with the approval of both the Municipality and the Authority. The process for conveying parcels to private entities included their removal as Leasehold Properties from the Lease through a series of Supplement to Lease for Sale of Leasehold Property documents. 4. The Municipality has paid the municipal bonds pertaining to this Marion Road / Pearl Avenue Redevelopment Area in full on or around August 1,2016,and by doing so satisfied the underlying purpose which caused the Municipality and the Authority to enter into the Lease 5. As of the date of this Termination Agreement,the Authority retains ownership of three (3) parcels which have not yet been redeveloped or conveyed to private parties and,therefore, remain subject to the Lease Agreement. These remaining parcels subject to the Lease Agreement are more particularly described as: Lot 2 of Certified Survey Map Number 6553,recorded with the Winnebago County Register of Deeds on August 5,2011,as Document Number 1577796 being part of the Southeast '/4 of the Northeast 1/4 and part of the Northeast 1/4 of the Southeast 1/4,in the First Ward,Section 23,Township 18 North,Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. and Lot 2 of Certified Survey Map Number 7150,recorded with the Winnebago County Register of Deeds on October 7, 2016, as Document Number 1724920, being part of the Southeast 1/4 of the Northeast 1/4 and part of the Northeast 1/4 of the Southeast 1/4,in the First Ward, Section 23,Township 18 2 November 29, 2018 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. and Lot 3 of Certified Survey Map Number 7068,recorded with the Winnebago County Register of Deeds on March 28, 2016, as Document Number 1709684,being part of the South 1/4 of the Northeast '/4 and part of the North %2 of the Southeast 1/4, in the First Ward, Section 23, Township 18 North, Range 16 East, City of Oshkosh, Winnebago County, Wisconsin. 6. With the payment in full of the municipal bonds, the Municipality and Authority desire to formally terminate the Lease Agreement to facilitate the improvement of the remaining three (3) undeveloped parcels within the Redevelopment Area. 7. In consideration of the mutual promises contained herein, the Municipality and Authority agree as follows: a. The Lease Agreement is terminated in its entirety and without reservation or exclusion as of the date of this Termination Agreement. b. Notwithstanding any actual or implied provision of this Termination Agreement,it is not the intent of the Municipality or Authority to alter,affect,change,or modify any other agreement, understanding, or obligation affecting either the Municipality or Authority. c. This Termination Agreement shall be for the benefit of, and shall be binding upon, the Municipality, Authority, and their respective successors, heirs, executors, administrators, and assigns. d. There shall be no termination payment or compensation owed by any Party to this Termination Agreement [SIGNATURE PAGES FOLLOW] 3 November 29, 2018 LESSEE: LESSOR: City of Oshkosh Redevelopment Authority of the City of Oshkos By: /�Q'---'`‘ By:, Mark A. Rohloff, City Manager Steven J. C i gs, Chain fian By: By: 44 L1 Pamela R. Ubrig, City Clerk H. Allen Davis, III, Executive Director STATE OF WISCONSIN ) ss WINNEBAGO COUNTY ) Personally came before me thi 'day o��;i%/, f a , 2019, the above-named Mark A. Rohloff and Pamela R. Ubrig, to me known t Ise the persons who executed the foregoing instrument and acknowledged the same. ali " I,'ca 41 Notary Pub 'c, State of Wisconsin My Commission expire Jp 1I1 STATE OF WISCONSIN ) ) ss WINNEBAGO COUNTY ) Personally came before me this „le-day of , 2019, the above-named Steven J. Cummings and H. Allen Davis, III, to me known to be the ersons who executed the foregoing instrument and acknowledged the same. tv,6,),_'71,„(fietk Notary Public, State of Wisco sin My Commission expires: IQ))ly-,aOoZo). 4 November 29, 2018 a 3 Lots still owned by Redevelopment Authority Lot 2, CSM 6553 Lot 2, CSM 7150 Lot 3, CSM 7068 s4,;:,/: �s�� 4111,/ if " Ate .;: > ��' .c_ „, 'N i es 11.0 s co s- 4,4"..:f Y/ N. 4,* ' -\,/ /4,45:jp..4,t,4 t .t,,j., .', ,. t / . 2, , m :(,4,N#A J!! Lot 2 ,Z'7 0 CSivt 655.3 / 4 < 4b �i ` / Lett s iyp � % CSh1 7150 L' N --_,,, 41 _1/ ,_ ...,,p . ..,_ , :....„,,,,,„ , \ / 1i `\ \ \'''':-,,,,,,,,,,,,....,........c..4,,,,4„...: %),4-.,,,,,*...-s.„.,-..,_-_,, / / '' \ e _ `� / Lot 3 CSw+'Ofi8 _ ,...„ _., _,, .._, _, , _ _ ..,,