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STATE OF WISCONSIN Azarian Wrecking LLC 1535 High Street Racine, WI 53404,

RACINE COUNTY

CIRCUIT COURT

Raza of Racine LLC 1535 High Street

Racine, WI 53404, Azar LLC 1535 High Street Racine, WI 53404 and Sam Azarian d/b/a Azarian Wrecking LLC d/b/a Sam Azarian & Sons Marina, Inc. 1535 High Street Racine, WI 53404 Plaintiffs, v.

City of Racine c/o City Clerk 730 Washington Avenue Racine, WI 53403

Case No.2 2019CV1524 Case Code: 30703

And Redevelopment Authority

Of The City of Racine c/o City of Racine

730 Washington Avenue Racine, WI 53403 Defendants.

AMENDED COMPLAINT

COME NOW the plaintiffs, Azarian Wrecking, LLC, Raza of Racine, LLC, Azar LLC and Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc., by and through their attorneys of

9


record, Andrew Shaw from Shaw Law Offices, and Attorney Walter Stern, III, to allege as follows:

PARTIES 1.

That Plaintiff Azarian Wrecking LLC is a limited liability company duly organized and existing under the laws of the State of Wisconsin, with its principal place of business located at 1535 High Street, Racine, Wisconsin 53404. That Plaintiff Raza of Racine LLC is a limited company duly organized and existing

under the laws of the State of Wisconsin with its principal place of business located at 1535 High Street, Racine, Wisconsin 53404.

That Plaintiff Azar LLC is a limited company duly organized and existing under the laws of the State of Wisconsin with its principal place of business located at 1535 High Street, Racine, Wisconsin 53404. That Plaintiff Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. is a Wisconsin corporation duly organized and existing under the laws of the State of Wisconsin yet now a discontinued business with its principal office located at 1535 High Street, Racine, Wisconsin 53404. That the Defendant,

CITY OF RACINE,

(hereinafter the "CITY") is municipal

corporation incorporated under Wisconsin Statutes as a city, pursuant to Wis. Stat. Ch.66. That the Defendant, REDEVELOPMENT

AUTHORITY OF THE CITY OF RACINE

(hereinafter "RDA") is a subdivision of the CITY, created and acting under and pursuant to Wis. Stat.

§

66.1333(3).


That the RDA has the power to condemn, as defined within Wis. Stat. §§ 66.1333(3)(f) and 32.02(11).

FACTS COMMON TO ALL CLAIMS Plaintiff Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. was a business that owned the 308 Fourth Street, 470 Water Street, 712 Water Street, 800 Water Street, and 1010 Water Street properties in Racine, Wisconsin, and operated a marina, boat storage and boat service business from the marina properties.

Plaintiff Azar, LLC is a business that owned the 512 Water Street, 702 Water Street properties in Racine, Wisconsin. 10. Plaintiffs

Raza of Racine, LLC and Azarian Wrecking, LLC were businesses that were

tenants of Plaintiff Sam Azarian, d/b/a Sam Azarian & Sons Marina, Inc., and Plaintiff Azar, LLC’s properties.

ll.

Sam Azarian is authorized to act on behalf of all Plaintiffs on this lawsuit and is an

officer of Sam Azarian & Sons Marina, Inc. The members of the Azarian Wrecking LLC, Raza of Racine LLC, and Azar, LLC unanimously authorized the filing and prosecution of this lawsuit, pursuant to Wis. Stats.

§

183.1101.

12. Beginning in and around 2008, the CITY and the RDA, formulated plans for the area

encompassing the Subject Property with the 2008 rendition of such plans known as "Back to the Root Plan." The subject property includes the properties owned previously by Plaintiff Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. and Azar LLC. 13. Beginning in and around 2012 the CITY and the RDA enlisted the services

of

Vandewalle and Associates, Inc. to market and promote the redevelopment of the area encompassing the Subject Property under the plan known as "Root Works Plan."


14. The

Root

Works Plan was

(“Vandewalle”),

a

further

organized

by

Vandewalle

corporation which engages in economic

and

Associates

development,

urban

planning. 15. On July 2, 2012,

“RootWorks,” the Root River Corridor redevelopment plan, was

adopted by the City of Racine. 16. On or about July 2012, an information brochure was prepared by Vandewalle and

Associates and printed by the Racine County Economic Development (“RCEDC”) entitled on the cover, RootWorks

Revitalizing Racine

’s

Corporation Urban River

Corridor, which states on the cover of the brochure, “Adopted July 2, 2012,” and inside the brochure, it is called, Root River Corridor Redevelopment Plan 2012, Racine Wisconsin (hereinafter the “Root River Corridor Plan”). 17. The Root River Corridor Plan was to

benefit the City of Racine in redeveloping the

general area of the Root River from generally Memorial Drive, east to State Street, all within the City of Racine. 18. The Root River Corridor Plan combined local, State and Federal funding sources,

including grants and a Tax Incremental Financing District within the City of Racine. 19. That beginning in and around late 2013 and early 2014, the CITY and the RDA began

promoting the area encompassing the Subject Property for redevelopment under the

Plan known as "Machinery Row" (hereinafter "Machinery Row"). 20. That, as defined by the Vandewalle brochure, the CITY identified the role Machinery Row played in the Root River Corridor Plan as, "the catalyst for Rootworks is Machinery Row." 21. That the Root River Corridor Plan included plan renderings noting the various


components of the Corridor Plan, encompassing and including Machinery Row. Further, attached hereto incorporated herein and made a part hereof as Exhibit "A" are true and correct copies of plan renderings. 22. On or about January 14, 2014, Rodney Blackwell met with representatives from the CITY and Vandewalle to inspect properties along the Root River in Downtown Racine for a filture development called, “Machinery Row”. 23. On or about April 8, 2014, Rodney Blackwell, managing principal

of FDP MR, LLC

(“FDP”), made three $5,000-dollar option payments to each of three property owners, Gerta Jensen, Richard Olson, and Plaintiff Sam Azarian for a 3-month period to inspect property before purchase. 24. On June 10, 2014, “Machinery Row” was publically announced by CITY Mayor John Dickert, in a press conference held at the Azarian Marina site, 726 Water Street, Racine, Wisconsin. According to Mayor Dickert, Machinery Row was to be a $65 million mixed-use redevelopment spread over a 20-acre parcel which was to be the CITY'S largest redevelopment project ever in its history, and Machinery Row could only be developed if all three land parcels covering the 20 acres of riverfront land were purchased. 25. On or about June 24, 2014, the Wisconsin Economic

Development

Corporation.

approved a $9 million tax credit for Machinery Row. Governor Scott Walker’s office assured them that if the project passed an appropriate review, that it would be approved. CITY’S Mayor John Dickert stated that the CITY also planned to go after new market tax credits and grants to get the project financed. 26. On or about July 8, 2014, Rodney Blackwell, managing principal

of FDP, made three


$5,000-dollar payments to each of three property owners, Gerta Jensen, Richard Olson, and Plaintiff Sam Azarian to extend the April 8, 2014 option (set to expire on July 9, 2014) to inspect property before purchase, extending it to October 9, 2014. 27. On or about September 2014, the Racine City Council voted 13-0 to grant the administration’s request, approving the creation of Tax Increment Finance District 18 for Machinery Row. 28. On or about December 10, 2014, FDP asked RDA and the CITY for a $4.5 million loan before the Racine City Council because FDP had no financing of its own for the Machinery Row project. 29. F DP’s Jim Bowman said FDP would give the CITY a note for the loan and put at least $200,00 into a restricted escrow account to cover the CITY’S

1

percent interest payment

for the loan for up to 24 months. 30. On or about December 12, 2014, the CITY and RDA authorized a $4.5 million loan to

FDP to fully cover the purchase prices for the three properties of Machinery Row from

Plaintiff Sam Azarian, Richard Olson and Gerta J enson, for a total cost of $4.5 million. 31. In conjunction with the $4.5 million loan to F DP, and in furtherance

of Machinery Row,

the CITY and RDA also authorized the purchase of the Subject Property to FDP. 32. On December 17, 2014, the Racine City Council approved $4.5 million loan to FDP,

from the CITY’S intergovernmental revenue-sharing fund for the purpose of FDP buying the three properties to gain full site control. Full site control was needed to meet a December 31, 2104 deadline with the state of Wisconsin to obtain $9 million in historic tax credits. 33.

Prior to FDP closing on the three sets of properties, the CITY negotiated deeds in lieu of


foreclosure with FDP, allowing the CITY to reclaim the three properties if FDP defaulted on the $4.5 million loan. 34. The $4.5

million loan to FDP was not secured by any personal guarantees, bonds, or

other security, other than the restricted escrow account. 35. On or about the end

of December 2014, Richard Olson’s attorney Jud Wyant directly

negotiated with the CITY regarding what the total price would be for Richard Olson’s property. In his December 28, 2014 email to Attorney Richard Donner and copied to CITY’S Attorney Elaine Sutton Ekes, Attorney Wyant stated:

...When I met w/ the city we agreed that the total price would be reduced from

$4.5 to $3.3, which is client’s bottom line.

36. In his December 30, 2014 email to Attorney Jud Wyant and Rodney

Blackwell,

Attorney Richard Donner stated that they need to speak to the CITY’S attorney Elaine Sutton Ekes and the CITY to see if the CITY approves it:

...We will need to speak to Elaine to see if the City is comfortable with lowering the purchase price to $1.3 5M but keeping the loan amount at $1.5M to

fimd the reserve.

37. On December 31, 2014, Richard Olson sold his 900 Water Street property for $1.5

million to FDP. 38. On December 31, 2014, FDP required a 10% holdback

of the purchase price, not paid to

Richard Olson, of the purchase price for the 900 Water Street property, allegedly for costs associated with “environmental remediation” of the 900 Water Street property. 39. Attorney Jud Wyant’s December 28, 2014 email to Attorney Richard Donner and copied

to the CITY’S Attorney

Elaine

Sutton Ekes,

discussed the

10%

holdback for

“environmental remediation at the property”:

...This provision is not acceptable: 10% of the Purchase Price or $150,000 credit


for costs associated with environmental remediation at the Property.

At this point, the CITY’S Attorney Elaine Sutton Ekes knew that the property sellers were being told that the 10% holdback of the property sales was for the purpose of “environmental remediation at the property.” 40. On December 31, 2014, Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc., Azarian Wrecking, LLC, Raza of Racine, LLC, And Azar, LLC sold his 308 Fourth Street, 470 Water Street, 726 Water Street, 800 Water Street, and 1010 Water Street properties for $1,093,826 to FDP. 41. On December 31, 2014, FDP required a 10% holdback of the purchase price, which was $110,000 held back and not paid to Azarian, allegedly for costs associated with environmental remediation of the properties. 42. At the closing on December 31, 2014, Sam Azarian and Harry Azarian signed waivers for Sam Azarian & Sons Marina, Inc. and for Azar, LLC: 1) the CITY itself required Sam Azarian to sign a waiver of all protections and benefits extended under the law of eminent domain; and 2) the CITY directly told Sam Azarian within the Waiver wording,

that according to the CITY, that the owners were not entitled to any protections and benefits whatsoever, under Wisconsin’s law of eminent domain and “to make it clear to all parties that eminent domain benefits shall not be extended”:

...FDP MR, LLC is acquiring from Owner the fee simple interest in the above noted property with funds loaned for a short term by the City of Racine to FDP MR, LLC. Owner understands that the City of Racine is not acquiring the property interest and, except for certain public improvements that are necessary to serve the development plan of FDP MR, LLC, will not acquire title to any portion of the property as part of the transfer of the property interest by Owner to FDPMR, LLC. While the City does not believe that Owner is entitled to any protections or benefits extended under the law of eminent domain, it is seeking this Waiver from Owner to make it clear to all parties that eminent domain benefits shall not be extended. The undersigned owner understands that were


the eminent domain process applicable, it would have the right to have its property appraised as if this had been a property acquisition by the City of Racine and to receive just compensation based on such appraisal as if the City were to be the party acquiring the property. The undersigned owner, has been fiilly informed of its rights under the law of eminent domain of the State of Wisconsin and has been furnished with the brochures of the Department of Commerce entitled “The Rights of Landowners Under Wisconsin Eminent Domain Law — Procedures Under Sec. 32.06 Wisconsin Statutes,” and Wisconsin Relocation Rights — Business, Farm and Nonprofit Organizations. In furtherance of the transfer of the property interest described above, Owner waives its rights, if any, that it may have to the steps prescribed by such law for acquisition of the interests in the property above-described, including the right to an appraisal of such interest and to accept settlement in the above-stated amount as full and final payment for the property interests being acquired by FDP MR, LLC. (Emphasis added.) See Exhibit “A.” 43. Sam Azarian or Harry Azarian was not represented by an attorney during the sale of the properties and during the signing of the Waivers. 44. Plaintiffs Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. and Azar, LLC collectively got $1.1 million for sale of the properties, which is $641,100 less than the total appraised value of $ 1,741,100. 45. On or about January 14, 2015, Gerta Jenson d/b/a BJJ, LLC sold her 820 Water Street property for $ 1.9 million. Jenson was paid $842,600 more than the assessed property value of $1,057,400. It is unknown if Jenson had a 10% holdback applied to the property sale, but, upon information and belief, a portion from the sale was later added to the reserve account. It is unknown if Jenson had to sign a Waiver from the CITY, and what the Waiver contained. 46. Plaintiff Sam Azarian’s properties were purchased entirely with funds transferred from an intergovernmental fund, not private funds. 47. In January 2015, the Developers Agreement regarding the properties was drafted by the CITY’s Attorney Elaine Sutton Ekes, changed the purpose of the 10% holdback for


“environmental remediation,” as told to the property sellers, to now be the restricted escrow account for only two purposes: 1) “acquisition of the property in the amount of the purchase price of the property not to exceed $4.5 million, which will be used by Developer only for the acquisition of the property”; and 2) “to fund the escrow account. ‘City Loan.” The Developers Agreement allowed the CITY to “unilaterally draw” “escrow funds from the escrow account for quarterly interest payments due on the note as described...” According to the Developer’s Agreement, none of the 10% holdback money in the escrow account was designated to cover “environmental remediation.” 48. On August 16, 2016, RDA’s Amy Connolly emailed Alderwoman Sandy Weidner and

told her that regarding the $470,000 DNR Knowles-Nelson Grant, the CITY would not give FDP any of this money directly. 49. On or about August 11, 2016, Alderwoman Sandy Weidner emailed CITY’S

Racine

City Administrator Tom Friedel to ask if FDP was making the interest payments on the $4.5 million loan. F riedel told Weidner that all of the interest payments had been made and none were missed by FDP. Friedel did not explain to Weidner that the CITY itself could unilaterally draw the interest payments out of the escrow account. 50. On or about September 6, 2016, the City Council approved accepting the $470,000 DNR

Knowles-Nelson Grant to build a promenade adjacent to the riverfront within the Machinery Row project. It was a “matching grant” requiring the participation of both FDP and the CITY. The CITY allegedly purchased 5 acres of the Machinery Row for $940,000 from FDP, but upon information and belief, no money for, the sale was actually given to FDP. Further, the $470,000 grant was put in the CITY’S control. 51. On or about September 6, 2016,

Alderwoman Sandy Weidner said at the Racine

10


Common Council meeting that she had just learned that the 10% holdbacks for the escrow account was taken from the sellers by FDP, and that FDP’S interest payments for the $4.5 million loan from the CITY were being paid from the 10% holdback money

that FDP took from the property sellers. 52. On or about December 16, 2016, the CITY declared

that FDP was in default of the $4.5

million loan from the CITY. 53. On or about February 9, 2017, at a special meeting

of the Racine City Counsel, Racine

City Council voted unanimously to authorize the CITY to transfer ownership of FDP’S Racine Properties to the RDA. 54. On or about May 2, 2017, the Wisconsin

Department of Administration (“DOA”)

received a Relocation Complaint from Patrick Fagan. Patrick Fagan was a tenant of property owner Richard Olson at the 615 Marquette Street Racine, Wisconsin property. Fagan had personal property stored at this location related to his business, P & P Products, involving maintenance work, construction jobs, electrical work, welding and related work. Fagan’s tenancy of 615 Marquette Street was supported by his Lease Agreement and a December 17, 2015 letter from the CITY’S attorney Elaine Ekes, where she refers to Fagan as a tenant and admits he had personal property at that address as of the date of the letter. 55. A copy

of Patrick Fagan’s Lease Agreement and CITY’S Attorney Elaine Sutton Eke’s

December 17, 2015 letter were provided by the DOA to CITY’S Racine Deputy City Attorney Nicole Larsen. 56. On June 9, 2017, DOA’S Tracy Smith wrote a letter to Patrick Fagan and CITY’S Racine

Deputy City Attorney Nicole Larsen which stated that: 1) Patrick Fagan was entitled

ll


relocation benefits under Wis. Admin. Code

§

92; and 2) Relocation benefits of the

landowner or tenants cannot be waived by a waiver in the Option Agreement:

...A property at 900 Water Street, previously owned by Mr. Olson, was

acquired by FDP LLC, as part of the Machinery Row Redevelopment Project (“Machinery Row”). Mr. Olson was not willing to sell 900 Water Street unless his other properties, one being 615 Marquette Street, were also purchased. As stated in the RDA’s May 17 letter, 615 Marquette Street “had good potential for future development” so the RDA purchased it in December 2015. Mr. Fagan has provided documentation which clearly shows the City required 615 Marquette Street to be vacant — no tenants or personal property — before a sale would occur. (See December 17, 2015, letter from Sutton Ekes.) On that basis, Mr. Fagan vacated 615 Marquette Street in December 2015, and the RDA purchased it on December 30, 2015. Because 900 Water Street would not have been acquired for Machinery Row without 615 Marquette Street, the acquisition of 615 Marquette Street was part of a public project. “Public project” means “in addition to a project being carried out directly by a public entity, an activity or program directly receiving public financial assistance including a grant, loan or contribution.” Wis. Admin. Code § Adm 92.01(33)(a). The RDA, a public entity, acquired 615 Marquette Street in conjunction with Machinery Row, using public financial assistance. The RDA’s May 17 letter indicates that funds for the purchase of 615 Marquette Street came from the City’s intergovernmental Revenue Sharing Fund. -

Further, minutes from the RDA’s December 12, 2014 meeting ...refer to Mr. Olson’s properties — including 615 Marquette Street — as, amount other things, “acquisition, financing and developmental framework for the implementation of Phase 1 of the Machinery Row redevelopment project.” ...This implies that 615 Marquette Street is part of Machinery Row, even if indirectly. '

Mr. Fagan was displaced from 615 Marquette Street due to the City’s desire to redevelop that property at some point in the future. The fact that they did not know exactly what that development would be, or when, is irrelevant. The RDA contends that Mr. Fagan’s removal from the property was Mr. Olson’s doing because the building was vacant when conveyed to the RDA. Documentation clearly shows, however, that the City wanted Mr. F agan (and other tenants) out. It should be noted that relocation assistance cannot be waived in this situation. Among the documentation provided by Mr. Fagan was a signed Option Agreement regarding Mr. Olson’s properties. The agreement included a provision that at Closing there would be a “written waiver by Seller... of any rights under the laws of eminent domain for any relocation of any, occupants of the Property.” While it is unknown whether a waiver was signed at closing, Mr.

12


Olson cannot waive relocation assistance for himself or tenants.

...In addition, Mr. Fagan provided an unsigned copy of a Purchase Agreement for 900 Water Street, which also includes a provision regarding waiver of relocation assistance. Again, per Wis. Admin. Code cannot be waived.

§

Adm 92.12, relocation

It does not appear that a relocation plan was ever submitted to the DOA for Machinery Row, although it appears there were multiple displaced persons. A relocation plan should have been submitted for approval prior to initiation of negotiations for acquisition of the various properties, and owners and tenants should be been informed of their rights under Wis. Admin. Code ch. Adm 92 and Wis. Stat. ch. 32. Mr. Fagan meets the definition of a “displaced person” under Wis. Admin. Code § Adm 92.01(l4)(a). 615 Marquette Street was acquired as part of a public project and Mr. Fagan was a tenant with personal property at that location. Mr. Fagan should receive relocation payments, as should others who were displaced from the related properties. Pursuant to Wis. Admin. Code cha drn 92, payments applicable to the relocation of a tenant’s business may include the following: move, search, incidentals, See Exhibit “B” business replacement, and business reestablishment. 57. That on or about June 9, 2017, the DOA determined

that the Machinery Row project

was “public project” under Wisconsin Law in that it was “being carried out directly by a public entity, or an entity receiving public financial assistance, including a grant, loan, or contributions” under the Wisconsin Administrative Code. 58. On or about June 9, 2017, CITY’S Racine Deputy City Attorney Nicole Larsen wrote a

letter, sent via email, which told DOA’s Tracy Smith that the CITY would be retaining a relocation specialist. See Exhibit “C” 59. On or about June 9, 2017, DOA’s Tracy Smith wrote a letter to Racine Deputy City

Attorney Nicole Larsen which stated that obligations under relocation laws cannot be avoided by “encouraging or requiring a property owner to terminate existing tenants prior to acquisition.” See Exhibit “D”

13


60. As

of June 9, 2017, CITY’S Racine Deputy City Attorney Nicole Larsenhad been told

by the DOA and fully knew that the CITY owed relocation costs to the Machinery Row former owners and tenants, but the CITY did nothing to pay those affected former owners and tenants, including Plaintiffs. 61. On or about October 31, 2017, CITY’S Racine Deputy City Attorney

Nicole Larsen

stated that Machinery Row developer FDP signed deeds in lieu of foreclosure before purchasing the properties with the CITY’S $4.5 million loan, and the CITY had also required execution of quit claim deeds for all of the properties in the event of default by FDP. 62. RDA acquired the properties pertaining to Machinery Row.

FIRST CAUSE OF ACTION: FRAUD By Plaintiff Azarian Wrecking, LLC, Plaintiff Raza of Racine, LLC, Plaintiff Azar, LLC and Plaintiff Sam Azarian d/b/a Azarian Wrecking, LLC and d/b/a Sam Azarian & Sons Marina, Inc.

Against Defendant City of Racine and Defendant Redevelopment Authority of The City of Racine 63. Realleges by reference all

of the allegations set forth in the paragraphs of this Amended

Complaint with the same force and effect as if herein set forth in full. 64. The CITY and RDA had been making plans to develop the property area, now called

Machinery Row, since 2008. 65. That, pursuant to Wis. Stat.§ 32.25 and Wis. Adm. Code ADM

§

92.26, the RDA

and/or CITY was required to submit a Relocation Plan to the DOA prior to displacing owners and tenants, but failed to do so. The lack of Relocation Plan materially matters

14


because the CITY did not timely inform the former owners and tenants, including all Plaintiffs, of relocation benefits under Wisconsin Eminent Domain law. 66. For the required Relocation Plan required

prior to the property sale, the CITY was

supposed to, but failed to, provide each tenant and owner-occupant of a property the following information: 1) a statement describing the nature of a proposed project; 2) a warning against a premature move which may jeopardize relocation entitlements; 3) the date that the property acquisition will begin; 4) a summary of relocation assistance and

benefits for that tenant or owner-occupant; and 5) the contact information 67. FDP was the straw man and/or the agent

of the CITY and RDA, who was intentionally

used for the sole benefit of the CITY and RDA in order to deliberately avoid paying relocation costs and other eminent domain costs owed to Plaintiffs and other former owners and tenants. 68. Upon information and belief, FDP had no funding

of its own for the Machinery Row

project. 69. The CITY provided all funding to by the properties from

Plaintiff Sam Azarian,

Richard Olson, and Gerta Jenson from the City of Racine’s Intergovernmental Revenue Sharing Fund. 70. FDP had no

power to make its own independent choices regarding purchases of the

properties from Plaintiff Sam Azarian, Richard Olson, and Gerta Jenson, because it needed to first get approval from the CITY for every material choice and contingency regarding purchase of these properties. 71. Prior to the sale

of the properties from Plaintiff Sam Azarian, Richard Olson, and Gerta

Jenson, the CITY and/or RDA made FDP sign deeds in lieu of foreclosure before

15


purchasing the properties with the CITY’S $4.5 million loan, and the CITY had also required execution of quit claim deeds for all of the properties in the event of default by FDP. 72. The CITY could unilaterally

withdraw interest payments from FDP for the $4.5 million

loan to FDP from the escrow account. 73. Richard Olson’s Attorney Jud Wyant directly negotiated with the CITY regarding the

sale of Richard Olson’s properties. 74.

Prior to the sale of the Sam Azarian & Sons Marina, Inc. and Azar, LLC properties, CITY’s Racine City

Administrator

Thomas Friedel

emailed

Alderwoman

Sandy

Weidner that that the purchase price of $1.1 Million was $641,100 less than the combined assessed value of $1,741,100: Alderman Wiedner: The Purchase Price for the Olson (900 Water Street) parcel is $1.5 Million. Assessed value is $1,422,000. The Purchase Price for the BJJ, LLC (820 Water Street) parcel is $1.9 Million. Assessed value is $1,057,400. The Purchase Price for the Azarian entity (308 Fourth Street, 470 Water Street, 512 Water Street, 702 Water Street, 800 Water Street, and 1010 Water Street) parcels is $1.1 Million. Combined assessed value is $1,741,100. 75. FDP

took 10% holdbacks from the Plaintiffs Sam Azarian d/b/a Sam Azarian & Sons

Marina, Inc. and Azar, LLC, falsely told these property sellers it was for “environmental remediation,” but the truth was that it was actually used to create the escrow account for F DP to pay one percent interest to the CITY for the $4.5 million loan to FDP. 76. Prior to the property sales taking place, the CITY’S Attorney Elaine Sutton Ekes knew

via an email from Richard Olson’s attorney that FDP was claiming the 10% holdbacks

16


were for “environmental remediation.” 77. Instead

of providing a relocation plan to all Plaintiffs notifying them of eminent domain

benefits, The CITY explicitly told Sam Azarian within the wording of the two Waivers

that the “owners” and “all parties” involved had no protections or benefits under Wisconsin Eminent Domain law: the City does not believe that Owner is entitled to any protections or benefits extended under the law of eminent domain, it is seeking this Waiver from Owner to make it clear to all parties that eminent domain benefits shall not be extended. 78. Sam Azarian was not represented by an attorney during the sale

of Plaintiffs properties

and during the signing of the two Waivers and fully believed the wording of the two Waivers, in which the City explicitly told Sam Azarian that Plaintiffs, as owners and all parties involved, had no protections or benefits under Wisconsin Eminent Domain law, which Sam Azarian signed, to his detriment. 79. Plaintiffs were entitled to protections and

benefits under Wisconsin Eminent Domain

law. 80. Plaintiffs did

not seek the protections and benefits under Wisconsin Eminent Domain

law because the CITY explicitly told Sam Azarian within the wording of the two Waivers that the property owners and all parties had no protections or benefits under Wisconsin Eminent Domain law. 81

.After the DOA told the CITY that it owed protections and benefits under Wisconsin Eminent Domain law to former owners and tenants of Machinery Row, the CITY did

not use its hired relocation specialist to calculate the protections and benefits owed to Plaintiffs. 82. The CITY is still holding Plaintiffs Sam Azarian & Sons Marina, Inc.’s and Azar,

LLC’s 10% holdback of $110,000, which should have been refunded to Plaintiffs l7


because none of the 10% holdback was used for environmental

remediation of the

properties, but it was instead converted for use in an escrow account to pay interest payments by FDP on the $4.5 million loan to FDP. 83. The CITY,

by its agent/straw man FDP, purchased Plaintiffs” properties for $1.1

million when, upon information and belief, the properties were appraised at $1,741,100, in direct violation of the CITY paying just compensation based on the fair market price for the properties to Plaintiff Sam Azarian & Sons Marina, Inc. and Plaintiff Azar, LLC. 84. The RDA and the CITY intentionally avoided paying costly

benefits under Wisconsin

Eminent Domain law to all Plaintiffs by deliberately and explicitly telling Sam Azarian, in the wording of the two Waivers, that Plaintiffs, as owners and all parties involved, were not entitled to any protections or benefits under Wisconsin Eminent Domain law. 85. In June 2017, The DOA specifically told the CITY

that relocation assistance cannot be

waived for former owners and tenants of Machinery Row. 86. After the RDA and the CITY was told by the DOA and therefore fully knew

that

relocation assistance cannot be waived for Plaintiffs, as former owners and tenants of Machinery Row, the RDA and the CITY did not use their relocation specialist for calculate benefits for the Plaintiffs. 87. RDA and the CITY deliberately made representations

of fact to Plaintiffs that were

untrue in order to cheat Plaintiffs out of protections and benefits under Wisconsin Eminent Domain law. 88. The RDA and the CITY had an economic interest in the transactions made with

Plaintiffs. 89. Plaintiffs

believed such

representations

representations to Plaintiffs’ damage. 18

to be true and thereon relied on those


90. Because the RDA and/or the CITY explicitly

told Plaintiffs in writing in the Waivers

that they were not entitled to any protections and benefits under Wisconsin Eminent Domain law, Plaintiffs did not seek any protections and benefits under Wisconsin Eminent Domain law. 91. The RDA and the CITY acted maliciously and/or

with an intentional disregard of the

rights of the Plaintiffs such that punitive damages are applicable and requested.

SECOND CAUSE OF ACTION: VIOLATION OF EMINENT DOMAIN LAWS: WISCONSIN STATUTE 32, WISCONSIN ADMINISTRATIVE CODE 92, AND FEDERAL UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISTIONS POLICIES ACTION OF 1970, 42 U.S.C. ET SEQ. By Plaintiff Azarian Wrecking, LLC, Plaintiff Raza of Racine, LLC, Plaintiff Azar, LLC and Plaintiff Sam Azarian d/b/a Azarian Wrecking, LLC and d/b/a» Sam Azarian & Sons Marina, Inc.

Against Defendant City of Racine and Defendant Redevelopment Authority of The City of Racine 92. Realleges

by reference all of the allegations set forth in the paragraphs of this Amended

Complaint with the same force and effect as if herein set forth in full. 93.

That, pursuant to Wis. Stats.

§

32.25 and Wis. Adm. Code ADM

§

92.26, the RDA

and/or CITY was required to submit a relocation plan prior to displacing any tenants and owner—occupants, but failed to do so. 94. Upon information and belief,

neither the CITY nor the RDA have ever provided notice

of relocation benefits to the Plaintiffs Azarian Wrecking, LLC, Raza of Racine, LLC, Azar, LLC, and Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. 95. That Sam Azarian

d/b/a Sam Azarian & Sons Marina, Inc. is a displaced business,

19


pursuant to Wis. Stats. Ch. 32, Wis. Adm. Code ADM

§

92, and the Federal Uniform

Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended, 42 U.S.C.

§

4601 et seq., (hereinafter “Uniform Act”)

96. That Azar, LLC is a displaced business, pursuant to Wis. Stats. Ch. 32, Wis. Adm. Code

ADM

§

92, and the Uniform Act.

97. That Azarian Wrecking, LLC is a displaced tenant,

Adm. Code ADM 98. That

§

pursuant to Wis. Stats. Ch. 32, Wis.

92, and the Uniform Act.

Raza of Racine, LLC is a displaced tenant, pursuant to Wis. Stats. Ch. 32, Wis.

Adm. Code ADM

§

92, and the Uniform Act.

99. That Azarian Wrecking, LLC and Raza

of Racine, LLC occupied the Sam Azarian &

Sons Marina, Inc. properties and Azar, LLC properties under an agreement by and between the Plaintiffs. 100.

That all Plaintiffs have been displaced and have been forced to relocate to 1535 High Street, Racine, Wisconsin (hereinafter “High Street Property”), and thus

forced to expend sums at the High Street Property in excess of its prior expenditures for rent at the Marina and Azar properties. 101.

That all Plaintiffs are entitled to dislocation costs and benefits pursuant to Wisconsin Eminent Domain law.

102.

That despite notice that this was a public project and subject to relocation

benefits on June 9, 2017, the CITY and/or RDA did not complete Relocation Plans until late December 2017 and January 2018. 103.

That the failure to comply with the relocation prior to acquiring the property

and informing the Plaintiffs was fraudulent.

20


Plaintiffs relied upon such representation that the property would’be developed.

104.

Some of the Plaintiffs sold the property, and some of the Plaintiffs moved their businesses to other locations. That prior to the DOA complaint and determination, the CITY and RDA were

105.

all aware that the Machinery Row Project was a Public Project, as defined under Wisconsin law, and the same triggered relocation benefits. That the CITY and RDA recognized and processed

106.

relocation payments

beginning in January 2016 yet failed to process, pay or file a relocation plan for the Machinery Row, until after the DOA Determination. 107.

That the CITY and RDA failed to negotiate in good faith with Plaintiffs.

108.

That the CITY and RDA delayed the proceedings

until the Wisconsin

Department of Administration ruled against the CITY and RDA that the development was a “public project.” 109.

That the RDA subsequently hired a relocation company, Terra Ventures, LLC

to assist in any relocation claims starting on or about July 2017. See Exhibit “E” 110.

Upon information and belief, Attorney Todd Terry, sent a letter with the

relocation claims to Terra Ventures Advisors on August 27, 2018: 0

Raza of Racine LLC ($73,750.00)

0

Azarian Wrecking LLC ($179,860.00)

0

Sam Azarian & Sons Marina, Inc. ($20,500.00) See Exhibit “F”

111.

The relocation claims for Sam Azarian & Sons Marina, Inc. significantly

exceeds Attorney Todd Terry’s estimate of $20,500.00.

21

Ultimately, the jury will


determined the relocation costs as well as other costs. That Plaintiffs are entitled to the full value of Claims for relocation benefits as

112.

actual moving expenses under Wis. Stat.§ 32.19(3)(a) and Wis. Adm. Code ADM

§

92.01(23), for each move caused by the RDA's failure to relocate Plaintiffs, exceeding the sum of $1 million.

Plaintiffs are entitled to the actual and reasonable moving

expenses; to be determined by the trier of facts, for their businesses, as required by Wis. Adm. Code ADM §§ 92.56, 9256(3) and 92.67. 113.

Those Plaintiffs have been using more than 40,000 sq. feet for its warehouse

and office space for its businesses. 114.

The true dollar value significantly exceeds the number provided by the August

27, 2018 letter written by Attorney Todd Terry to Terra Ventures. 115.

2017 WI Act 243 applies. The dollar cap does not apply to the RDA.

THIRD CAUSE OF ACTION: §

1983 FIFTH AMENDMENT TAKINGS CLAUSE VIOLATION

By Plaintiff Azarian Wrecking, LLC, Plaintiff Raza of Racine, LLC, Plaintiff Azar, LLC, and Plaintiff Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc.

Against Defendant City of Racine and Defendant Redevelopment Authority of The City of Racine 116.

Realleges by reference all of the allegations set forth in the paragraphs of this

Amended Complaint with the same force and effect as if herein set forth in full. 117.

The Takings Clause of the Fifth Amendment states that “private property [shall

not] be taken for public use, without just compensation.” 118.

Section 1983 provides: “Every person who, under color of any statute, ordinance,

22


regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law

. . .

.”

As applied to this particular set of facts, the Wisconsin Eminent Domain laws

119.

contained in Wis. Stats. Ch. 32 and Wis. Adm. Code ADM

§

92, resulted in a taking of

Plaintiffs’ properties and/or property rights without just compensation by the CITY and/or RDA. The compensation includes the total value of the property when taken, plus

120.

interest from that time. Seaboard Air Line R. Co.

v.

United States, 261 U. S. 299, 306

v.

Township of Scott, 139 S.Ct. 2162

(1923). 121.

In the recent Supreme Court case of Knick

(2019), 588 US.

_ (2019) allows

Plaintiffs to bring their claims for the violations of

their Fifth Amendment rights when the City and RDA take their property without just compensation, Without first exhausting State remedies.

DEMAND FOR JURY TRIAL Plaintiffs hereby request a trial by jury of the issues of fact in this action.

PRAYER FOR RELIEF WHEREFORE, Plaintiff Azarian Wrecking, LLC, Plaintiff Raza of Racine, LLC,

Plaintiff Azar, LLC, and Plaintiff Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc. demand judgment against Defendant City of Racine and Defendant Redevelopment Authority of The City of Racine as follows:

23


a.

A judgment in the amount to be determined by the jury for Raza of Racine, LLC.

b.

A judgment in the amount to be determined by the jury for Azarian Wrecking, LLC.

0.

A judgment in the amount to be determined by the jury for Sam Azarian d/b/a Sam Azarian & Sons Marina, Inc.

(1.

A judgment in the amount to be determined by the jury for Azar, LLC.

e.

Punitive damages to be determined by a jury.

f.

Full recovery of litigation costs, including actual attorney's fees.

g.

For such other and further relief as the Court may deem fair, just and equitable.

Dated this 3rd day of November, 2019.

Shaw Law OfďŹ ces Attorney for Plaintiffs

By:_*_C

:2!

Andrew Shaw State Bar No. 01018100

Co-counsel Attorney Walter Stern, State Bar No. 1014060 Shaw Law OfďŹ ces

PO. Box 18353

Milwaukee, WI 53218 414.535.9626

24

111.


EXHIBIT “A”


V

SELLERS STATEMENT

E

LA Buyer:

3=DP MR. LLC,

Seller:

Sam Azarian

&

a Wisconsin Sons Marina, inc and

Azar, LLC

Semement-Dat'e: December 31. 2014 Property Location:

Water

a

Fourth

areets- Various

Prop Racine. W! 53403

caabns Contract sates mics Cityfrown Taxes Sewrlsmrm Wamr Fire inspection Pmrafl'on Less Tom! Credits to Setter

.

1213111111

(’0

1,100,000.00

01/011715

1:36.24

1338?.30 225.62 TOTALCREDITS

“14,349.66

DEBITS

__

Commissions paid at setflemenf % = 59,400.00 Lass Deposit‘Remned 59,400.00 Closing Setfiement Fee Landmark Tale of Racine. inc. .O'wnec‘s We insurancem Landmafic Tine qr Racine, me. Search Ghat'ge Landmark fifle of Racine. inc. GAP Endorsement Landmark Tale of Racine, Inc. .Specia: Assessment Letters Landmark Title Of Racine, inc. Government recardingcharges Regfsher of Deeds City/County Taxisamsas Register of Deeds Judgment safisfactionGem of Circuit Court Judgment Payoff Wanasek, Schofza. Luaw‘g, 5895 Ovemighmre Services Landmadé'fifie 'ofRadne, Inc. chumentPreparafibn Landmark Tate of Rama. Ina F’rofessiona§ Fees Frankvsarbin GPA Opfion Fae ,WatedSever Pmration Paym‘f Fits! Mortgage 8M0 Harris Bank NA Payoff Segand Mortgage 8M0 Harris Bank NA Hold Back Landmark Tarts offiacine, inc, 2014 Real Estate taxes Treasurer, City af Racine Delinquent Taxes Racine Caunty Treasurer

59.40000

-

‘8‘

lselin, SC Trust

Less Totar‘v'esducflons toAmcunt Due Saflar

,' To

508.09 2,005.00 759.08 125 00 5251):) 90.00 3,366.00 5.00 16,223.75 60.00 5,060.00 9.38141

10300.00

312.03 347350.55 81 359,01 110 000-00)

33.30357

149959.54 TOTAL DEERE

854,878.95

BALANCE

89!»:

259,579.70 Sener hereby warrants to Buyer, Brokerand Title Company that merevare additions! 005$. chatges, expenses, Hens, debts. taxes, no assessmanislor o1her liahiiifies againstsefler retatingvto said purchase. Sellers signature certifies Selfer has reviewed this Chasing Statemem‘for accuracy and camplsteness. Seiieraocepts this Ctgsing Statement as correct for the purpose of dosing the transacficm m which it relabas. 5!, however. any adiusbnants shcufd be required (flowing Miner review by eitherparty. to which agree. then such adjusmnts shall be mafia immediately. Seller agrees that they Shah obtain and pay anyfinai'utiéfly; water andbomparfies service bflls no? being yak! a! prorated on misstatement. Landmark Meof Rac‘mé, inc. is not rasponsibie forobtaining acme! meter readings and memfomwlfno'l be held fiabia fa? any discrapencies. Landmark We of Racine. is not name for any fees. special-taxes. assessments and specie? charges, ”any. no x disclased

m

on the Speciamssessment Lather. if money is due at dosing, itmus’t'be in the form Ufa wire. Photo idenfificafien wilt be required at the time sf closing, NOTE: $33,635.28 wifl be {unwind as first draw agaimtthe escrow agreement fiemeen FD? MR, LLC and the City of Racine dated 12131113. NOTE:

Faxed or emailed signatures are considerad originai for purposes of this Statement.

APPROVED:


WAIVER Owner:

Sam Azarian

Real Progeny

of Owner:

6’:

Sons Marina, inc.

308 Fourth Street; 4’30 Water Street; 732 Water Street; 800 Water Street; 10H) Water Street;

Tax Key No. 9.760001900010010 Tax Key No. 276000000230000 Tax Key N0. 27600000023600} Tax Key No. 276000003 528006 Tax Key No. 276090003541000

Interest Reqaired:

Fee Simple interest 0f Entire Parcel

Settlement Amount:

Good and valuable consideration

FDP MR, LLC is acquiring from Owner the fee simple interest of the above noted property with funds loaned for a short term by the City of Racine to PEP MR, LLC. Owner understands mat the} City of Racine is not acquiring the preperty interest and, except for certain public improvements that are necessary to serve the development plan of FD? MB; LLC, will not acquire title to any portion of the property as part of the transfer of the property interest by Owner to PD? MR, LLC. Whiie the City does not believe that Owner is entitled to any protections or benefits extended under the law of eminent domain, it is seeking this Waiverfrom Owner to make clear :0 all parties {hat eminent domain benefits shall not be extended. The unéersigned owner understands that were the eminent domain precess applicable, it would have the right to have its preperty appraised as if this haé been a preperty acquisition by the City of'Raeine and 10 receive jus‘i cempensation based on such appraisal as ifthe City were to be the party acquiring the preperty‘ The undersigned owner, has been fixlly informed of its rights under “the law of eminent domain of the State of Wisconsin and has been fizmished with the brochures of the Department of Commerce entitled “The Rights of Landowners Under Wisconsin Eminent Domain Law—~ Procedures Under Sec- 32.66 Wisconsin Statutes,” and Wisconsin Relocation Rights—wBusiness, Farm and. Nonprofit Organizations. in furtherance of the transfer of the property interest described above, Owner waives its rights, if any, that it may have to the steps prescribed by such law for acquisition of the interests in. the propeity above-described, including the right'to an appraisal of such interest and. to accept settlement in the abovestated amount as full and final payment for the preperzy interests being acquired by FD:J MR, LLC, 21:

The undersigned 9wner feather siates that the decision to waive his rights hereunder was made without undue influence or ceerciv ction of any nature. SA

AZARI ‘

.

&-,

S MARINA, WC.

W ‘ SjégARll‘VflONSMARlNA,

AM

Sam Azarian—w-C‘)

Wadanwf

Title:

Title:

”MM

I

STATE OF WISCONSIN COUNTY 022 RACiNE Personally came before me this

I

Mm Mains-rm.

es iciEig‘ggé' '

)

.

s;

day

of December, 2014, the above named

.

36-15:.

its “is“: Hm .sflsyi‘fié 3;; 535,5,

)

>591

INC.

Sam

fife?

0;».

a

'~

5

{KC 1";

Azfigifiififiéfl.

.5:

f_.rian

.

Notes}; Phillie; Racine County, WI Milcfigfii. ’3 ~11 7wjig» My Commission Expires:

g;

{?

of

fi'ffi£(&


WAIVER Owner: Rea}.

Azar, LLC

Property

owaner:

512 Water Street; Tax Key No. 276000000002000 702 Water Street; Tax Key No. 276008003531002 Fee Simple interest of Entire Parcei Good and valuable consideration

Interest Required; Settlement Amount:

FD? MR, LLC is acquiring from Owner the fee simple interest of the above: noted property with funds loaned for a Sheri term by the City of Racine to PD? MR, LLC. Owner undersiands that the City of Racine is not acquiring the propeny interest and, exoeot for certain public improvements that are necessary to serve the development plan of F1)? MR, LLC, will not acquire title to any portion of the property as a part of the transfer of the property interest by Owner to FDP MR, LLC. While the City does not belieVe that Owner is entitled to any protections or benefits extended under the. law of eminent domain, it is seeking this Waiver 'fiom Owner to make clear to all parties that eminent domain benefits Shel} not be extended. The undersigned owner understands that were the eminent domain process applicabie,“it would have the right to have its property appraised as if this had been a property acquisition by the City of Racine and to receive just compensation based on such appraisai as if the City were to be the party acquiring the nroperty. The undersigned owner, has been fufiy informed of its. rights under the law of eminent domain of the State of Wisconsin and has been furnished with the brochures of the Department of Commerce entitled “The Rights of Landowners Under Wisconsin Eminent Domain Law~ Procedures Under Sec. 32.06 Wisconsin Statutes,” and Wisconsin Relocation Rights—Business, Farm and Nonprofit Organizations. In fizrtherance of the tranSfer of the property mterest described above, Owner waives its rights, if any, that it may have to the steps prescribed by such iaw fer acquisition of the interests in the property above-described, including the right to an appraisal of such interest and to accept settlement in the above~stated amount as full and final payment for the property interests. being acquired by FD? MR, LLC. The undersigned owner fiirther states that the decision to waive its rights hereunder was made withoui undue influence“ coercive action of any nature. '

mflm

“(Sam Azarian Title:

/ 92'

132L142 V \‘d/Harry finer;

STATE OF WISCONSiN COUNTY OF RACINE

.

Title:

) ) )

Wong nemimwew

ss:

$«&“‘:§fifif§i ,3;

§$§$

a!

Personally came before- me this day of December, 2014, the above Azarian of Azar, LLC to me known to be ihe persons who execs: acknowledged the same on behalf of Azar, LLC.

r__

/

.

“M @eggo _

5”

-

"-=

if}

..

_.-.

“xi

{3’63} ‘

:

m

‘igeuéafig—Imy 3‘33?“

_.

'

in? rut-“f?

:t and

fig

Wlflffémfi‘l P; 5543‘? R Notary P‘ubiicg, Racine Coun% “‘7'! ~ 1’ X My Commission Expires: '

7


EXHIBIT “B”


SCOTT WALKER GOVERNOR

SCOTT A. NEITZEL SECRETARY

._

V.

'WISCOHSIN DEPARTMENT

OF

ADMINISTRATION

Division of Legal Services Post Office Box 7864 Madison,WIS3707-7864 Voice (608) 264-9595

SENT VIA E—MAIL AND U.S. MAIL

June 9, 2017

Patrick Fagan

3943 Pinehill Blvd. Racine, WI 53404

Nicole Larsen

Deputy City Attorney

Racine City Hall 730 Washington Avenue, Room 201 Racine, WI 53403 Re:

Patrick Fagan Relocation Complaint Determination per Wis. Admin. Code § Adm 9218(3) —-

Dear Mr. Fagan and Attorney Larsen: On May 2, 2017, the Department of Administration (“DOA”) received Relocation a Complaint from Patrick Fagan. Pursuant to Wis. Admin. Code § Adm 92.18{3){b), a copy of the complaint was sent to Deputy City Attorney Nicole Larsen, counsel for the Redevelopment Authority of the City of Racine (“RDA”). ‘

In addition to Mr. Fagan’s written complaint, he provided information Via telephone and sent 100+ e—mails between May 2 and May 30, containing various documents, articles, photographs, etc. The RDA submitted a written response to Mr. Fagan’s complaint on May 17 . In addition, DOA Attorney Mark Herman spoke with Larsen to discuss the matter further. Upon review of Mr. Fagan’s complaint,Attorney DOA makes the following determination. Mr. Pagan was a

tenant of 615 Marquette Street from June 2008, to December 2015, having rented space from the property owner, Rick Olson. Mr. Fagan had personal property stored at this location related to his business (P 85 P Products, a sole proprietorship), maintenance work, construction jobs, electrical work, etc. Mr. Fagan’s tenancy of 6 15 Marquette Street is supported by his Lease welding, Agreement signed in June 2008, and a December 17, 2015, letter from Elaine Sutton Ekes wherein she refers to Mr. Fagan as a tenant, and admits he had personal property at that address as of the date of the letter. (Copies of Mr. Fagan’s Lease Agreement and the December 17, 2015, letter have been provided to Attorney Larsen.) It should be noted that Mr. Fagan never claims to have resided at 615 Marquette Street as questioned in the RDA’s May 17 letter. WISCONSIN IS OPEN FOR BUSINESS Wisconshngav


June

9, 2017

Page 2 of3

property at 900 Water Skeet, previously owned by Mr. Olson, was aciquired by FDP LLC, as part of the Machinery Row Redevelopment Project (“Machinery Row”). Mr. Olson was not willing to sell 900 Water Street unless his other properties, one being 615 Marquette Street, were also purchased. As stated in the RDA’s May 17 letter, 6 15 Marquette Street “had good potential for future development” so the RDA purchased it in December 2015. The RDA notes that at the time, there'was not a specific project or plan for 6 15 Marquette Street. A

has provided documentation which clearly shows the City required 615 Marquette Street to be vacant — no tenants or personal property before a sale would occur. (See December 17, 2015, letter from Sutton Ekes.) On that basis, Mr. Pagan vacated 615 Marquette Street in December 2015, and the RDA purchased it Mr. Fagan

on December 30, 2015.

Because 900 Water Street would not have been acquired for Machine (Row without 615 Marquette Street, the acquisition of 6 15 Marquette Street was particf; a public project. “Public project” means “in addition to a project being carried out directly by a public entity, an activity or program directly receiving public financial: assistance including a grant, loan or contribution.” Wis. Admin. Code § Adm 92.0l§(33)(a). The RDA, a public entity, acquired 615 Marquette Street in conjunction with Machinery Row, using public financial assistance. The RDA’s May 17 letter indicates that funds for the purchase of 615 Marquette Street came from the City’s Intergovernmental Revenue Sharing Fund. Further, minutes from the RDA’s December 12, 2014, meeting (as provided by Mr. Fagan) refer to Mr. Olson’s properties — including 6 15 Marquette Street — as,

among other things, “acquisition, financing and developmental framewdrk for the implementation of Phase 1 of the Machinery Row redevelopment project?” (RDA Meeting Minutes—Final, December 12, 2014 at 2, 3.) This implies that 615 Marquette Street is part of Machinery Row, even if indirectly. Mr. Fagan was displaced from 615 Marquette Street due to the City’s desire to

redevelop that property at some point in the future. The fact that they did not know exactly what that development would be, or when, is irrelevant. The RDA contends that Mr. Fagan’s removal from the property was Mr. Olson’s doing because the building was vacant when conveyed to the RDA. Documentation clearly shows, however, that the City wanted Mr. Fagan (and other tenants) out.

It should be noted that relocation assistance cannot be waived in this situation. Among the documentation provided by Mr. Pagan was a signed Option Agreement regarding Mr. Olson’s properties. The agreement included a provision that at closing there would be a “written waiver by Seller of any rights under the laws of eminent domain or for relocation of any occupants of the Property.” While it is unknown whether a waiver was signed at closing, Mr. Olson cannot waier relocation assistance for himself or tenants. .

.

.

Waiver of relocation benefits is governed by Wis. Admin. Code § Adm 9212 Relocation can only be waived in specific circumstances. The acquired piopertyr must be “an isolated parcel, not included as part of a public project or within a proposed or previously designated area where it is reasonable located t'il cenclude that other acquisitions by the agency will occur in the foreseeable future[.]”s Wis.


June

9',

2017

Page 3 of 3

Admin Codeu§- Adm 92.1% I.)§la),.:6f 11-5 marquees Street. was: notzzanv‘iiiselated parcel” Mr. Olson Sold‘fou‘r- proper'ties'total, not one. The propertieswere. also” partof’a-

~-

public prejeet.

In addition; Mr; Pagan provided an u‘nSigneCl __Cpr ofaQPurchase Agreementfof

water'Street, which-also ineludes a premier; regardingwaiyer newsman assistance, Again,- per Wis; Adrmn. 'Code:-I§1A'dm92._1i2;;relocatioa 'eannqeébe waived

9:00

It doesnot appear that arelocation plan was-ever seemitted'totDQA pfo Machinery Rout, although it appears there interemultiple displaced per-802s... A rare " 'enpian shoaldhave been submitted forapprevalprior‘ tor-initiation: o£:rregetiati nsf tor acquisition oaths Varioris properties; and aware. 'andfvtenants‘. shouid have been intestines of; their rights swarms; Air” 4 Code ch.- Adm: 92': and Wis. Stat. ch. 32. '“

Mr. ‘Fagan madame-definition of a"‘disp1aeed persOn” under Wis; Admm éCodie: §i Adm 192:0 :1:(i14)=(_a). '6-155Marquette Street Was aequireci aspen of a-rpulfliesprbjeet and Mix Began was, a tenant with personal property at. that location. Mr"; Hagan shouid »:reeeivelreloc.adonpayments», as shouldethers‘who were displaced.:fvomiitheireliated properties. Because we have not received documentation clearly showing that Mr. Fagan operated his business {P 85 P Products) from 615 Marquette Street, we are unable to determine Whether the operation qualifies as a “business” under Wis. Admin. Code § Adm 9201(5). As such, the specific categories of relocation payments that Mr. Fagan is entitled to remains. undetermined.

Pursuant

Wis, Admin. Code- ch Adm 92;. pam*ents..applicable tetherelqeation of the. following:- move, search, incidentalsfi, business replacement,» and business ree‘stablishment:,. If it is determined that Mr. Fagan 615 Marquette Street simply for storage of his personal property (even if the used personal property was used for his business), the above categories may be: limited. It

:a

129

tenants business-may include

should be noted that personal injury claims and punitive damages are not within the scope of relocation assistance.

that the parties work together to remedy the situation. AttorneyLarsen indicates in a'lette‘r dated June 8, 2017, that the City intends to retain a relocation specialist to assist in its own determination. (A copy'iof Attorney Larsen’s June 8 letter is beingprovided to Mr. Fagan simultaneously with this letter.) DOA is willing to assist with further resolution of this matter if requested by’theaRDAi If the parties are unableto come to an agreement as to the specific types of relocation payments that apply, or the amounts thereof, Mr. Fagan has the right to:= pursue legal action under Wis. Stat. § 32.20. We recommend

This determination is made pursuant to Wis. Admin. Code Sincerely,

Gilelo/u)ési/Ubi>% Tracy Smith Paralegal-”Confidential

§

Adm 9218(8).


EXHIBIT “C”


Office of the

Scott R. Letteney

Nhu H. Tran

City Attorney

Assistant

Nicole F. Larsen Deputy City Attorney

Marisa L. Kasriel Assvstant City Attorney _

Staee Salvo

Colette

Paralegal

City Attorney

_

A.

.

Broadway Paralegal

City at Racine. Wisconsin

VLA

‘E-MAIL

June '9, 2017 Ms. Tracy Smith, Paralegal Wisconsin Department of Administration Division of Legal Services PO. Box 7864 Madison, Wisconsin 53707-7864 Re:

Patrick Pagan complaint

61 5' Marquette Street

Dear Ms. Smith,

write in response to the letterI received from you today wherein you have determined that Patrick Fagan meets the definition of a “displaced person” pursuant to Wis. Adm. § 92.01(l4(a). I require some additional details as to how you reached your conclusion. I

You have determined that the 200.8 lease agreement between, Fagan and Olson Wasfin effect as of December 2015. Additionally, the Ekes letter is used as support of your conclusion. While the Ekes letter does acknowledge Fagan had property on the site, it does not provide: anyevidencc that there was a lease in effect. Moreover, I provided you with a copy of the owner’s Affidavit wherein Olson affirmed that there were no written or oral leases encumberiitg the property, which directly contradicts the leaseag‘reeme‘nt. In light of the exclusions enumerated in Wis. Adm. § 92.0l(l4)(b), specifically, Wis. Adm. § 92.0'l(14)(b)l 1., would you please address how you foreclosed the possibility that any lease that F agan had with Olson terminated at some point prior to the conveyance, or eveniathe time of the conveyance? I don’t mean to be pedantic, but I have not seen enough: information to affirmatively make that determination. Finally, I would like to request a copy of your file in this'matter. I am notvseeking‘any privileged material, but all other records were submitted, considered or distributed related to this complaint. I would like toprovide these to the relocation specialist that We Will be retaining;

Thank

you..

.

City Hall

730 Washington Ayenue, RoOm 201' Racine, Wisconsin 53403 262-636—91 t 5 262-636-9570 FAX .s»...,.,um...mm


Very truly yours,

Nicole F. Larsen cc:

Amy Connolly, Executive Director, RDA


EXHIBIT “D”


SCOTT WALKER GOVERNOR

SCOTT A. NEXTZEL} SECRETARY /

W .-

is C 0 ll SI N

D E

PA

31 1‘

1'5

E

1" 0f

Madison, WI 537G7L7864

ADMINISTRATION

SENT VIA

Division of Legal Services Post Office Box 7864

meme-925 E—M-AEL

June 9, 2017 Nicole Larsen

Deputy City Attorney

Racine City Hall 730 Washington Avenue, Room 20 1 Racine, WI 53403 Re:

Patrick Fagan — Relocation Complaint

Dear Attorney Larsen;

,

This is in response to your June 9th correspondenceregarding the Department’s relocation determination. You asked how we arrived at the conclusion that Mr. Fagan’slease was invefiect as of December 2015. Mr. Fagan’s tenancy at 615 Marquette Street is supported by the lease signed in June 2008', which Contains the following‘provision: “This lease shallbe for 1 year commencing on- June: 1, 2008. Thereafter the lease automatically renews every year on its anniversary until such time a termination notice is given in, writing 60 days before the end of term.” Further, Attorney Sutton, Ekes admits in her December 17, .20l5, letter that Mr. Pagan at that time, a tenant with personal property at that location. Our conclusion iswas, based on this renewal provision and Attorney Sutton Eke’s admission. When property is acquired for a public project, a displaces is entitled to certain benefits and services, An agency’s obligations under relocation laws be cannot avoided by encouraging or requiring a property owner to terminate existing tenants prior to acquisition. Lastly, you requested a copy of our file in this matter. twill process your request under our open records procedures. You may contact me directly with any questions about that process or to inquire about the status.

_

The Department has issued its determination pursuant to Wis. Admin. Code § Adm 9218(3). As previously indicated, the Department is willing to assist with further resolution of this matter if requested, If the parties are unable to come to an agreement as to specific types of relocation payments that may apply, or, amounts thereof, Mr. Fagan has the right to pursue legal action under Wis Stat. § 332.20. Sincerely, Tracy Smith-

Paralegal-Confidential

(:0:

Patrick Fagan

WISCONSIN IS OPEN FOR BUSINESS Mscansmgmn


EXHIBIT “E”


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Augost 27, 2018

Ms. Laura HS Sadler TermVonture Advisers 13500 Watertown Piank Road, Sofie 200 Elm Grow, WI 53122 Azarian, at al Relocation Claims

Re:

Dear Ms. Sadler: 1 write in regard {o the above entitiedmatter as this office. represents the Various; entities referenced 0111116 claims prOvic-ied herewith. I am providing you-with...Relocatiofl Claims relative to the Machinery Row project in Racine for tho following 611111183:

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Raza of Racine LLC ($73,750.00) Azarian Wrecking LLC ($179,860.00) Sam Azarian & Sons Marina Inc. ($20,500.00)

I am certain “these do not some as a surprise and Rio anticipate there-spouse. we will receive. I assume your first E'ovol of concern wiil berths £i111el’ioo of filing of those claims. 1 behevo that. is addressed Clem-1y. by: the undisputed fact that tho business (1111113113 and tenants referenced herein occupied these. prom-171161: untii November 2016.

In addition to the timing issue, I further oxpoct tha: you or your client will raise the fact tenants were allowed to remain in possession of the proporty without paying rent for more that than six (6) months prior to vacating I believe that defense is negated "by W'13consin ADM §92 002(14)(b)11 and the piecessing and payment of claims fox another 11.011-16111 paying tenant (Racine Baseball COOpBI ative). $116

The above consideiml 1' do not believe any of the Tenants 11613 are “diapiaced. 1313130115” Subject £0 Wisconsin Administrativo Code and therefore the six month pa: 1111131618 do not apply The basis for that conclusionIS the fact tha: this project did "recoiVe fedemi fuming The fedma1 funding reiatod to a $200 000 EPA g1 ant 1°01 clean-up of comaminatod iands within the plojoct mca, a $15 921 fodelal trails .giani contained within the Knowles Giant W651; Biuff Area $45 000.00 Federal T111111 guano and an NCAA lc'doral giant (GrantNo. NA11NOS4190097).

21.


Msl Laura» HS. Sadler TezraVenture Advisers August 27, 20118

Page 2

In .addifion Lothosc issues, I fulfiy’iniend that your client will raise the .issuc'that waivers of relocation benefits, were in fact signed. As, has been madeclear by the Wisconsin Department of Administration,nan-such waivcr is effective as to those claims, pursuant to Wisconsin :ADM §92. 1.2. Lastly, I. fully. anticipate the ownership ,statusvbeing an issue raised in éefcnse of these Claims. I do not'beiiovc thercis any doubt that at the time my clients werocvict'cdfrom tho property that the ownership stain-s. 'ofvthis project was fully vested in the Ci‘iy of Racine. If it was no£ fully vested, it was obvious that Ehoowhcr at the time was not going to 11mm: ’fm‘ward with {his projea and the City was reclaiming the same. Obviously that i311 substantial issue in-thig matter but I believe Ihe samewouldbe easily substantiated andsis a, lioflection of the 611mm gtatus we find ourselves in. would ask that you please- confirm your receipt of these claims andadviso as to any further qucstions or concerns you mayhave together wifih any additional supporting documentatitm. E

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TAT/kt!

Enclosures cc:

Nicole Larsen, Deputy City Attorney City of Racine City Attorney’s Office 730‘Washington Avenue, Room 201 Racine, W I 53403 w/ enclosures

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REiQCATiON CLAW! - APPiICATEON Alli!) RELEASE 812011

[9211527 .

s. 32.1%. 32.195

{Repiaces R54034j

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32.29.ka

Official Use ONLY Claim Received and FEEL

Stats.

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Claimant (prim. name)

RAZA ef Racine

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Claimant mailing address '

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1535 High Street, Racine, Wl 53463

alE Listed below are itemized damages claimed’as the result of the. acquisition of private property for pubtic use exclusion of of Weconsin, Award of .as. determined by the-State the Damages compensation :previousiy agreed to, for me negétiated purchase or and. 32.195 Department of: Trénsportetion. ,Ail damages'payable under ANY -ENDlVlDUAL ITEMS enumerated En'Sefgzfiens 32.19 "Wisdonsln Statutes shouldbe claimed at one 'fime after such claimed damage items shall be fully materialized. as provided in Section 32.2.0Wiscans'in Stemtes.

1:}. Non-profit

Amount Claimed

Bessripfion of items Claimed (attach receipts and documenmfien) 2,. 3‘. '

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3.3239(4er Replacement housing [tenants and certainomersyr'ehtau s.32;19(4){b)2 and purchase} certain gears Replacementhousingfienenis

10.

Replacement business'ifann owner? ...-s.32;19(§m)(a)

1:1..ziRepEecemenibusiness

1'2. lnéidental‘expensee{acquisition} 1'3.

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fielremelioss commencing

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Penalty case on oegmart'gage 532.19%) snare oftexes 3.32.1955; Expense ofplans rendereci unusable

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lncreased interest Eown‘e’reecupant]. .s.32.19(4}(a)2’ —'(4m)(a)2 Chasing crests. end related expenses s.32.19(4)(a}3¢ (4m)(a}3

Amount Allowed

S

expenses {actual new site] s.32.19(3)(a) Managemens‘es {reestapashments} s.32.19(3)(a) numberefrooms Moving emenses [opfional fixed} .s.32(19(33(b)1 linlleu ofactualmoving expenses 5,32.19(3).(b)2 Replacement housing [ownerscculnenfl‘ s.32.‘19(4)(a) Moving

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For Official UseOnl’y (claimant complete next page) I

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Regime! Real Estate Manager

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Parcel No; Page 1 of 2


ELMMANT CERTlFlCfiTIDR

The undersigned ceriiiiesthat the foregoing statement is true and correct-and that the damages described: herein exist and costs have beehsmred by mews) in the amount shown after each item. (We) agree in accept the amounts as payment in full for the items claimed.gand release the Local Agency and. any public body, heard or ccmmissionacting in itsrbehalf. from any. and all claims for damages arisingfthrough this project" for the listed items for which anamount is cieimecl,

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in claiming payment fcr an amount under. item 5 {s.32.ie(4)(a)]. i(W‘e) certify that: i (We) was'Mere). in occupancy at least 180 days prior to the dateofihitiaticn of negotiations for the acquisition of the property. in claiming payment for an. amount under item 8 (Jr-9 [s.32.19(4}(b)1, I (We) certify that. i (We) was (werefiin lveUi occupancy for not less than 90 clays prior in the initiation of negotiations forthe acquisition of the properly. 1 (We) certify theme the beet of my (ourikhbwledge the replacement dwelling :l.'(We} have purchased andcccupy. meets. the decent, safe and saniiary standards prescribed by state and federal regulatinns farsuch property (Vile) certify that i (We) mined and; Occupied the business ln-cial'ming payment for an ameunt under item 10' or'1'1.[$.32.19(4m)]. operation or owned the farm operation for not less than i (one) year prior to the iniliatian of negotiatinrisicr the acquisition of the V

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property. Any person whc is an alien not lawfullyvpreserrt in the United States is ineligible for, relocation‘adviscry services and relcwticn paymenls. unless such. ineligibility would resuii in exceptional and extremely unusual. hardship tea qualilyihgepcuse. parent, or child as defined in 243686) CPR. Certify theta“ memberis) of my household or all owneris) of an unlncorpbrated; business, farm, er ncnprofit'ciigehizaticn isiare) a cltiZen or national of the United States, nr anzaiien whale lawiuliy preseniihthe United States. E

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filGREEMEM‘ AND CER‘FIFICATEON

cleiminga Replacement Housing Payment (item 5, s.32,i9{4)(a)), andlcr Replacement Business Payment (item 10. and/or a Replacement Farm Paymenl'for Lands (item 10, s,32.19(4nt)j(a)) acquired by any Qenveyance or by an Award of-Dam'eges pursuant to Chapter 32, Wisconsin, Smiutes. Claimant uncierstands that. in the errant of an: appeal from an Award of ‘Damages‘ 532.05% or from the-amount of compensation stated on the-Warranty Deed, 53205623)» for the required right of way from a residential, business, or farm property, any incivease in the Basic. Award shall be reduced by the amcunt of lhe replacement residential. business or fann payment as claimed. lithe residence is located on a farm or businees property or one land area larger than that typical for resicenfiai site purposes, the claimant understandsthat-any increase in the BaeiczAwardattribntableto the? rename: portion shall be computed. in the same percentage ratio established in the'ofiering price of the Basic Award. Any increase in the BasicAward, etiributable in the businesseporfionvshall reduce the amount of the replacement business payment. The business portidh shall be computed in the same percentage ratio established in the offering price of the Basic Award. Any increase in the Basic Awardfiatlributable to the farm portion shall reduceihe-amourrtof the replacement farm payment The farrniporiion sha'll'hecomputedin-fitha same-percentage ratio established lathe-e 'fingzzpriCe'Ci the Basic Award. in no event shaiithe'flnai determination of, just compensation be reduced by more residential, busi as or arm payment. ‘19:} ., {nitric-amok; 0wner~€3ccupant 3.32;?l§{4m}(a})k

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On the above date, this inslninienl tires the above'Lnn 2-: r rson{5) giv -rs..

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INSTRUCTSONS lMPORTANT-r iAliachalireceipliect blfis...paid statements and-other factual data supporting your claim for'reiriew. in stimuli cf 43 “net rental loss" claim, submit 3:93.59” of all rentior the property in question-showing the: the losses ciaimed are directly allributableto‘ the-public improvement-and that iosses-exceed the nonnaimmain'r vacancy Ierqjerience for similar properties in the area. This claim must be signed'by claimant. andeuch signature must be notarized nrior to, the iime appllcatiorr is subrhitted {cine state forlterns 5 and 10. Mail this form and ALL receipted' bliisand'faciuai dete to Local Pgenc'y or its Consuiiant. .

2. 3.

Page

20f2


Exhibit A to Relocation Claim Form RAZA of Racine LLC

Claimant:

Line 7. Exgenses Services to prepam Relocation Claim .......... ........................................... $ ADM §92-52(1)(m)l

Payment [961‘

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Line 10. Re lacement Businesg 3.32.19 4m

500.00

a'

Rental assistance ($750.00hnonth x 48.) ($36,000 actual capped) ......................... ,...£S 30,000.00 {per ADM $2.94} ~ Shared Rental Payment with Azarian Wrecking, LLC per Lease

‘5

30000.00

S

13,250.00

Replacement Business One Time Replacement Payment ............................ {per ADM §92.90] Line 11. Re. iacement Easiness 3.32.19 mgr ADM 92.6751) and 12}! -

4121'

»

b

Costs incurreci to make 1535 High Street usable by RAZA of Racine LLC: —-

~

Total

Divider wall inside warehouse ................ .......$ Office trailer ................................................... Cost to transport Plumbmg hookup and Electrical work in warehouse ......................... Flooring and furnace in office ........................ Water and sewer hock-up ..............................

£0,000.00 2,500.00 700.00

........................................................................ S

26,500.00

office-11211131

installation

One half allocated to RAZA of Racine LLC

4,800.00 4500000 2,000.00

100000


Commercial Net Lease fer Part nf Building 1.

Names. This lease is made by

ask? A

0‘3“;

Avie; l A}:

,Alc’t;XLW‘H

Ewe A

f

Cir

31232;“

L235;

Mum

,

Landlord anti

,Tenant.

Lew; a Clix L0,:

2. Premises Being Leased. Landlord ls leasing to Tenant and Tenant is leasing irem Landlord the iellowing premises: Has“?”Sign

52) 52”“) .,,,.

5.in(3

mg“

I

,_

53%

12:53‘

V

$34Q 1:;

Ell/Part cf Building Only. Specifically: Tenant

is leasing

the

of the building. 2

gCfi-S '

W“:

'5';

”fl”

'36 ”WK

{x

6?

"Shared Facilities As part of thisll,ease Tenant and Tenant’s employees and custemel's may use the lowing additional facilitiesin common w:in (liner tenants employees and customers:

ETW—é:

fol-

fifarking

spaces: Restroom iacllitles; "Storage areas:

{E

Hallways, siainmays, anti elevators:

{3]

Conference rooms:

3 Term

of Lease Thislease begins on $812M

5% "Emil:

HM

and ends on

"Sane;

23".?"

3&3

Rent. Tenant will pay rent in advance on the i5” day of each month Tenant s first lent paymeni wili “Sane be en i i 23*; lie. in the: amount of 8 E ; £556 Tenant wi ii pay rent of 8 E; C__ per

all

mogill

50;

thereaflel'.

‘gTenani 1:] Rent

pay this rental amouni for the entlre term of the lease increase each year on the anniversary of the startling dateln paragraph

will

will

3 as follows:

5. Option to Extend Lease lirst Option. Landlord grants Tenant the option to extend this lease for an additional erciee this op nan: must give Landlord written notice on or before ' Tenant may exercise this only ii Tenant is in substantial compiiance withihe

\El

years. To ex~

.

(:1

will

lease the premises on the same

minim:

[Em mmno oxom l

as in this tease: exceptesfollows:

,

.

,

termsoflhle lease

Tenam

m an CamrEalcianllel

we elm

Lease


[3 Second

Tenant exercises the option granted above-Tenant will then have the: option to extend this lease for w years beyond the first option period. To exaroisethis option, Tenant must give Landlord written notice on or before. Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on thesis-lame terms as in Option.

li

.

this lease except as follows:

6.

Security Deposit. Tenant has deposited

7.

improvements by Landlord

with Landlord as security for Tenants perfor— mance of this lease. Landlord wiEl refund the full security deposit to Tenant within 14 days foElowing the end of the lease if Tenant returns the premises to Landlord in good ooncliiion (except for reasonable wear and tear) and Tenanthas paid Landlord aii sums due under this lease. Otherwise. Landlord may deduct any amounts required to place the premises in good condition and to pay toy any money owed to Landlord under the lease. S

the lease term begins, Landtord (at Landlord‘s expense) will make the repairs and improvements 3listedBefore in Attachment

1

to this contract.

E] Tenant accepts the premises before the lease term begins

in

“as is” condition. Landlord need not provide any repairs or‘improvements " -.

provements to the premises, aiter "» “QT remove any ends Tenant 1%}

any time Before this Eease .

are caused

s to or removing them from the premises.

9. Tenant’s Use of

Premises Tenant

Edit-E12'ELniffLL

(Ll-«LsA.

(’

w:ll

use the premises for the following business

El: 1?ka

LIE“

Sims“

éLfi’Lx

wxak

by attaching

(:QCL “>99“:

purposes:

(3i.

Tenant may also use the premises for purposes reasonably related to the main use.

Landlord’s Representations. Landlord represents that: the beginning of the lease term, the premises will be properly zoned for Tenant‘s stated use and will be in compliance. with all applicable laws and regulations. 8 The premises have not been used for the storage or disposal of any toxic or hazardods substance and Landlord has receiveci no notice from any governmental authority concerning removal of any toxic or hazard~ pus substance from the property. 10'.

A.

At

“ll Utilities anti Sea-wipes. A Separately Metered Utilities Tenant tered or billed to Tenant: Ci Water

wiEl

pay for the following utilities and services that aEe separately me-

C] Electricity Cl Gas [:1 Heating Oil E5140

ammo Em Lem 545. m2


[3

D

Trash Collection Other:

8. Other

Utilities.

Tenant will pay

jig}

% of the following utilities and services that are not separately

metered to Tenant:

EWater

EfiEleCtricity

E

Gas-

[jfi iterating Oil Eat.” Trash collection {El Other: Tenant will pay for these utilities

monthly installments on or before the months, Landlord

day of eachmonth in ad~ give Tenant copies of the bills'sent to Landlord. if Tenant’s share of the actual costs for utilities and services. exoeeds’the amount paid in advance by Tenant. Tenant will pay Landlord the difference within 30 clays. ll Tenant has paid more than Tenant’s share of the actual costs, Tenant will receive a credit for the average, which will be applied to reduce the next installments due from Tenant.

vanceg

in

inan ameunt estimated by Landlord. Every

will

Maintenance and Repair of Common Areas. Landlord will maintain and make all necessary repairs to thevcommon areas of the building and adiaeent premises and keep these areas safe anti free 'of trash. This

'52.

includes:

fiOn-site

parking areas

{:3 Off-site parking

areas facilities Restroom E’ C} Storage areas {:1 Hallways, Stairways, and elevators [3 Conference rooms [:1 Sidewalks and driveways

D

Other: ‘34: of the cost of such maintenance and Tenant will pay; Landlord i SC" repairs. Tenant will pay these in amounts monthly installments on or before the day of each month, in advance, "in an amount ee— ttmated by Landlord. Within '90 days after the anal of each lease year, Landlord will give Tenant a statement at the actual-amount of Tenant‘s share of such costs for such period. it Tenant‘s share of the actual costs ex» made the amotint paid in advertise by Tenant, Tenant will pay Landlord the difierenoe within 330 days. if Tenant has paid more than Tenant's share of the actual. costs, Tenant will receive a credit for the exterage, which will be applied to reduce the next installments due from. Tenant.

1-3.-Maintenance and Repair of Leased Premises. Landlord will maintain and make all necessary repairs to the following parts of the building in which the leased premises are located: 1:} Roof

(:| Foundation and structural components [1 Exterior walls

El

interior common’walis [I] Exterior doors amt windows finale mm

wmeoloxom

LF'HO

commercial Net Lease

545393


[:3 Plumbingsystem [:1 Sewage disposal system [1' Electrical system

[3

Heating, ventilating, and air-conditioning systems

Ci Sprinkler system C] Other: Tenant wit! maintain and repair the leased premises and keep the leased premises in good-repair except for those items specified above as being Landlord’s responsibility. 14.

insurance

carry-fire and extended coverage insurance on the buiiding. Tenant will pay Tenant’s proportionate share {__%} or such insurance within ten clays after receiving estetement from Landinrd as tetne cost. B. Tenant will carry public Eiabélity‘inserance, which wiil include Landtord as a party insured} The pubiic liability

A. Landtorci wilt

coverage for personal injury wiii be primary to any insurance maintained by landlord, and in at least the fol~ lowing amnunts: 5 31:65}, 39“ per occurrence. ° 3 i; mt. g a“? in any one year. (3‘ .Lendiorrt and Tenantreleese eachother from any liabiiity to the other for any property loss. property damage, er personal injury to the extent cover-ed by insurance carried by the party suffering theioss, damage, or ‘9

i,

injury. D. Tenant 1 5.

A

5'-

Wiil

give Landiord a copy of ail insurance policies that this lease requires Tenant to obtain.

Texas

it? % of all taxes and assessments that may be levied or assessed against the buiidtfng pay and the land for the period of the lease. Tenant will pay these taxes and assessments in monthly installments error before the. day of each month, in advance, in an emOunt estimated by Lendlerd. Landlord wiit give Tenant copies of the tax bills and assessments as Leno‘toroireceives teem ”Tenant’s share of the actual

Tenant

will

taxes and assessments exceeds the amount paid in advance by Tenant, Tenant wit! pay Landiord the difien ence within 30 days. if Tenant has paid more than Tenant’s share of the actual taxes and assessment, Tenant witl receive a credit for the average, which wéil he applied to reduce the next installments {dUE frern Tenant. Taxes and assessments to be paid by Tenant wiii be prorated on a due date basis and will be assumed to cover a period of one year from the clue date. 8. Tenant wit: nay ail personal preperéy taxes levied and assessed against Tenant’s personal property“ Subletting and Assignment. Tenant wiii not assign this lease or subiet any part of the premises without the written consent of Landlord Landlord will not unreasonably withhold such consent '56.

17‘

fiemege to Premises

the premises are damaged through Tire or other cause not the: iauit of Tenant, Tenant wiil owe no rent for any period during which Tenant is substantiaiiy deprived of the use of the, premises“ B. if Tenant’is substantially deprived of the use of the premises for more than 90 days because of such dam~ age, Tenant may terminate this lease by deiivertng written notice of termination to Landlord; A. lt

t8, Notice

of: D'efauit. Before starting a iegal action to recover possession attire premises based on Tenant's defauii, Landlord will notify Tenant in writing of the defeuit. Landlord will take legei action only if Tenant does

not correct the default within ten days after writ-ten notice is given or maiied to Tenant. man

Ceiiimeiciat Mei Least". 5.15, Fig.4

-


the 19. Quiet Enjoyment. he long as Tenant is not in default under The terms of this lease, Tenani‘wili have right to occupy the premises oeacefuiiy and wizhoul Interference. Tenant acknowledges that, it moei conduct itself so as not to interfere with other tenants’ rights to quiet enjoyment.

-

20 Eminent Domain ’lhie lease wili become v0id if any part of the leased premises or die budding in whichihe leased premises are located are taken by eminent domain. Tenaol' has ihe right to receive and

hear: any amount of money'that the agency talking the premises- by emineni domain pays for the vaiae oi Tenant’s lease, its loss of business, and “for moving and relocaiion expenses.

.21. H‘oiding Over. if

Tenantremains

in

possession after “this lease ends. the coniinuiog {enanoy'wili be from

menth to month. 22. {Disputes CI Litigation. ii avdiepute arises. either party may take the media to court, Mediation and Possible Litigation. li a dispute arises: the parties will try in good faith to settle

U

it

through

mediation conducted. by if},

.

C] a mediator to be mutuaiiy selected. the. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairiy with mediator and will attempt to reach a mutually satisfactory compromise to the dispute. lfiihe dispute is not resolved within-30 days after it is referred to the mediator, either party may take the matter to court. {3, Mediatioo and Poesibie Arbitration. if a diapute arises, the parties will try in good faith to settle ii through mediation conducted by E] 1:} a mediaior to be mutually 5e l.eoted the The oartloe wiil share rhe costs of the mediator equaily Each party wili cooperate fully and fairéy withl if? is mediator and will attempt to reach a mulualiy satisfaoiory compromise to the dispute. the dispute not resolved withi n 30 days after'I; is referred to the mediator, it wit? be orientated by

B

be mutually selected. award may be enrered in any court {hail was jurisdiction over the matter. arbitration dudgmen't on the Costs of arbitration including lawyers éees. WIiii be alécoated by the arbitrator Landlord-need not participatein mediation or arbitration of a dispute uniess Tenant has paid ihe rent called for by this lease or has placed any unpaid {ent in escrow with» an agreed upon mediator or arbitralor. [:3 an arbitrator to

23. Adcfihonal EA

i\

.9,~;~,;'§ x

“\‘V‘k

X

Agreements Landlord and Tenant additionai Ily agree that: Vm/g’)" ¢§JQ§£$RLA~»%5 <15?“-

38% bx

‘ii

{*1

fgjxi'w

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K waif-$5; [Au

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(23%;.9 uJIKfLJ

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24. Entire Agreement. This is the entire agreement between the parties. it replaces and Supersedes any and all ore: agreements beiween the partées, as well as any prior writings. 25.

Successors and Assignees. This lease binds and oedema-{he heirs, success-sore and a'saignees of the

parties. main man wwwnoioxom

LFIdQ

Commercial aim Lease 5-15, {‘95


25. Notices.

notices must be in writing. A notice may be delivered to a party at the adtt'ress that follows a party‘s signature or to a new address that a party designates in writing. A notice may be delivered:

D

All

perSon [:1 via email, at the addresses provided below [:1 by certified mail, or in

C3 by overnight courier.

2?. Governing Law. This lease

will

be governed by and construed

in

accordance with the iaWS of the state of

28.

Counterparts. The parties may-sign several identical counterparts of this lease. terpert shall be treated as an, original.

Any fUliy

signed coun~ '

29. Modification. This lease may be modified only by a writing signed by the party against whom such iieationis scught to be enforced. 30. Waiver. if one party waives any term or provision of thisviease at any time, that waiver for the specific instance and specific purpose for which the waiver if either

modi—

be effective only was given part-y fails to exercise or delays exercising any of its rights or remedies under this lease that party retains the right to enforce that term or provision at a later time will

Seuerahiiity. If any court determines that. any provision» of this lease is invalid or unenforceable, any in— validity or 'unenforceability wilt effect only that provision and will not make any other provision of this lease invalid or unenforceable and shall be modified amended, or limited only to the extent necessary to render it va lid and enforceable 31..

Dated: LANDLCRD

TENANT

Name of Business:

Name of Business: i’i'aféflmtél—K

a:

at

By:

(tr/”Nile

[Z151

Lox?l

Printed Name: Title:

éy'ixw‘zw

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r

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m.

/

tale 3;»

Address:

Cl LL;

Address:

.

Email;

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Printed Name: Title:

ali-

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Li‘s “3‘1”"er 5"“

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Email:

E] GUARANTOR By signing-this

lease, personally guarantee the performance under this lease. l

{If

all financial

obligations of

Dated: Printed Name: .

Title:

Address: Email:

LFidll Commercial Net Lease 5-15, P95


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RE-LOCATEON CLAEM -APPL¥CATION AND RELEASE ip’a1527'

8/2011

(Replaces RE4014)

s. 32.19. 32.195

&

32,20 Wis. Stats.

Ofiiciai Use ONLY Ciaim Received

”Claiméht; (print name)

.

Azarian Wretrkiflg,

LLC Repiapementprbperiy address

1535 Hiqh Street, Racine,.

Ciainfixant mailing

WI

53493

WI

58403

'

asd

Fiied

Place .

address

1535 High Skeet, Racine,

'

Date

BY

below‘are itemized (iamages .ciaimed as the. resuit of {he acquisition of private ptgpefiy forpufisiiciuse‘ exclusion of ati tompénsatidn préviousiy :39de {or foi'ihe negotiated purchase or the Award ofpamages' as detemined by me State of Wisconsin, Departmsnt o? Transportatién. Alidamages i'payable Under ANY iNDIViDUAL ‘ETflEMS ’anumeraieci‘ in Segtfions 32.19 and 32,195 Wisgonsin Statutes shouid be .c'iaimed at one. time after such claimed damage items-shaHbe fuiEy matariaiizéd; as prmided in Section 32.20‘Wiscdnsin Statutes. Listed

E} Owner [3] Tenant

E

Susiness

[3

Non-profit

[3 Residence [3 Sign

[3an

[3 Purchase Bi Reina},

[:1 Off premise

D On premise Description cf items Claimed (attach-receipts and documentation) 1.

Amount Claimed

2.

s‘3z.19(3)(a) Moving expensas [reestabiishmemsi 3.3219(3X'a)

$

3.

Mmringtéi-Ipenses Eoptianaifixed}

3

‘4.

finiieu' ofactuai moving eimenSgs

$5,.

.6;

7.

1

number of rooms

Rgpiacenfieni housing {owner ooéfipant] s.32.19(4)(a) increased interésflewner oocupahtl» s.32.19(4)(a)2-(4m)(a)2 s.32..19{4x_a}3 ‘ (4mxa)3

8,

(ammo

Repiacemen’t Musing {tenants and certain others - rentai] s.32.19{4)(b)1 Replabement housing [tenants andceriain others « parchase] 5,32.19(4)(i;}2 i0; Répiacem'ent businesslfarm awner} sfiiiQGmXa)

$2

$

$

5,530.00

5

j

is}

j

a;

3

:

V

11

Replacemenibusinesstfarm tenant]

s.32.-19(4m)(i3)

12.

incidentai'expensesiaoqnfisition; 3323195“) 13; Pehaity costspn old mangage 9.32.1932) 14. Proratasiiare oftaxes. $.32.195{8)

)3:

61,200.00

$

1.3250130

3

j$

S i

=

3

Q

$

$

9.

.3?

$

-

$ w

f

99,880.610

Y5

s;32.119(3)(b}2

biasing’costs and reiated émérises

:

i

Moving expenses {actuab newsite}

s.32.19€3)(b)§

5'

:

$

,

H

$

"$

$

:3,

$

.$

15, Realignment ext-persona! prdperiy [same Site} s.82195(4) 1% Expense of-pians rendemd Unusabie 532.1956)

5

s"

$

$

12.; Net rental fuss

$

$9

'

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>

is,

Costofvf’encing

5.32.1935) .

Amount Aiiowed

.

332.1950)

V

$

TOTAL. $

U$

.

179,860.00

"

:

;

{:5 ,_

For Official Use Oniy (ciaimant compiete nexi page) 1

items recommended‘for approvéi:

Real Estate Speciaiist

items

in

Regionai Reél Estate Manager

ihe above claim are aiiewed X

in

the totai sum of $

PM: ID-t'

Highway:

on this date

I ,

Approfing Authority Signature

Projem

Date

v

I

Date

Name Coumyt'

Parcei Nu; Page

1

of2


CLAIMANT CERTEFECATlON

The undersigned certifies that the foregoing statement» is true and correct and that the damages described herein exist and costs have been suffered by me (us) in the emeunt shown after each item. i (We) agree to accept the amounts aspayrneatin full for the items claimed. and release the Local Agency and public body. board or commission acting in its behalf. from any and all claims for damages arisingzthrough this project; for any the'listed items for

“l.

2‘

which anameunt isvolaimed. claiming payment for ansamount under item 5 [s.32.19(4)(a)}. (We) certify that: t (We) was {were} in occupancy at least 1813 days prior to the data of initiation of negotiations fer tha acquisition of the property. in Claiming payment for an amount underltara '8 ar 9 {5.32. 19(4){h}3, l (litre) certify that: i (We) was (were) in lawful occupancy for not less than 90 days prior'to thezlnitiation ofnegotiations for the acquisition of improperly, l: (We) certify'that: to the best of 3113!. (our) knowledge the replacement dwelling l {We} have-purchased andoccfupy, meets the decent, safe andsaniiary standards prescribed by state and federal regulations for such property in claiming-payment for an amount under item to or {s.32.19{4m3], l Ollie) certify that: i (We) owned antleccupted the business gestation browned the farm operation for not: less than i {one} year prinr to theiniliation of negotiations for the acquisition of the property. Any person who is an alien not lawfully present in the United States is ineligible for relocation advisoly services and relocation payments, unless such ineligibility would reSult in exceptional and extremely unusual hardship'to a qualilyirjtg spouse, parent, or child as defined in 24.2089) CPR. t certify that all memberis) of my household or all owneds} of an unincorporated business farm. or nonprofit organization is (are) a citizen er national of the United States, or an alien who is lawfully present iii-the United States.

in

filmy?)

.

I

it

7.

.

AGREEMENT AND CERTIFEATION

Owner-Occupant claiming a Replacement Housing Payment (item 5: s.32.19(4}(a)), andlor Replacement Business Payment (Item 10. s.32.19’(4m){a));‘andior a Replacement Farm Payment for Lands (item 10. s.32.19{4m}l§a)) acquired by any conveyance or by an Award of Damages pursuant to Chapter 32, Wisconsin Statutes. Claimant understands that, in the event of an appeal from an Award of Damages, 5.8205(9) or from the amount of compensation stated on the Warranty Deed, 5.3235623) for the required right of way from a residential; buainess. or farmproperty. any increase in the Basic Award shall be reduced by the amount of the replacement residential, business or farm payment as claimed, it the residence is located on a farm or business. property or on a land area iargertlian that typical torresidential site purposes. the claimant understands that any increase in the. Basic Award attributable :tothe residential portion shall be camputed in the same percentage relievesiablished. lathe offering price of the Basic Award. Any increase in‘the Basic Award; attributable to the buslness portion shall reduce the amount of the replacement business payment The business portiongzshall be computed in the 0' same percentage ratio "lished in the offering price of the Basic Award. Any increase in the Bests Award; attributable to the farm amuuntot the replacement farm payment. The farm perticn'shall be computed in the same percentage ratio the. Basic Award. in no event shall the final determination of ‘ust compensation he reduced by more thanthe mo at residential; basin rte .pa ent _V . \ '

,

_

'

'

(flairnant §ignalura . V

nm

'Print'Name

X

'

07%;!

Claimant Signattiré

CM

Print Name >

.

(Noi'arizatiorr is required for claims for Replacement Payments ONEX.

items 5 and 10 Cumin. 202.93

{6)

S

(as,

advance paymenlsin condemnation.)

k;

A

a w i Wm ,

t-lc;

~18

Data

:7

1/; 5;};

ate-

47,

.,

State of Wisconsin

race!

County

2

$8“

an the above date, this instrument was acknowledged before me by the ensue-named person officers. ~

Print Name, Nola

Public. State of Wisconsin

WWW”

Date Commission Expires

1..

'2.

3.

lNSTRUCTTOlslS lMPORTANr: Attachall recaipled bills. paid statements and other factual data supporting your claim for review. In support of a "net rental loss“ claim. submit a record of all real forthe properly in Question‘showlng that {heulosses claimecl‘are directly-attributable to the, public improvement and that losses exceed the nonnalréntat or vacancy madame for similar properties in the area. This claim mustbe-signed by claimant and such signature ritual be notar'ued prior to the time application is submitted to‘ the state for items 5 and 10. Mail this tom and ALL- receipted bills and factual data to Local Agency or its Consultant.

Page 2 of 2


Exhibit A to Relocation. Claim Form Claimant:

Azarian Wrecking LLC

Line 1. Moving Exgenses

5—-

Actual

As shown on the attached relocation costs provided by Industrial Construction & Associates

Payment Line

Down

7'.

Closiag Costs and Related Exp eases ........ $

5,000.00

Recording Fee ................................................................... Payment of Selvicos to propare Rolocatiom Claim ................. [per ADM §92.52(l)(m)] Line

310.

:13}

5,530.00

Reglacement Business (s.32.19(4m)(a)

Rental assistance (557.50.00/momh x 48) ................................ $ ($36,000 actual capped) [per ADM 539194] — Shared Rental Payment with RAZA of Racine LLC per Lease Search Time expended {$30.001110ur x 40) ............................ [per ADM §92.56(3){b)(c)} Replacement Business One Time Replacement Payment ..... {per ADM $2.90}

Line

3000

500.00

30,000.00

1,200.00 30,000.00

$

61,200.00

‘Azarian Wrecking LLC .......................................... ..... $

13,250.00

12L

Re

lacement Businoss {$32.19 [per ADM‘fiEfiWI) gm} (2)1

4131

h"

Costs incuired to make 1535 High Street usable by Azm'ian Wrecking LLC: ~ ~

Divider wall inside warehoase ....................... S Office trailer ..................................... .............. Cost to transport office trailer.........‘.......‘...... Piumbinghookmg ané .

~

~

« ~

Total

installation

Elecu'ical work in warehouse ......................... Flooriag and furnace in office ........................ Water and sewer hookup ..................

........................................................................ $

One half allocateci

Eo

£0,000.00 2,500.00 700.00 4,800.00 4,500.00 2,000.00

2.00000

26,500.00


Relocation Claim Azarian Wrecking LLC Moving Costs


rage

1 01‘

Galilean Speliiman Joe Van Bree {Joe@icariggers.cem] Thursday, December .21, 2017 2:50 PM Coiieen Spellman

From:

Sent: To:

Subject: Equip move

12/2 1/1? Arm: Sam Re:

! Azarien

Relocation costs

Supe‘rvision, labur, ov

equipment, and materials te complete the'feliowing items;

Cost based on moving your campany equipment 1 Items from the old marina Memorial. Cast includes loading 03‘ all items off shelves and mm containers fer shuttie.

Movement of ail racking, sheiving, containers, tools etc. (Zest includes hauling of 313 small equipment items as per site Cost includes hauling {if all larger equipment to the site.

Q§.OUOOCI

High

and

inspectien.

Cost includes ali traiiers as required. Cost inciudes permits as required. Offload ail items and reassemble as required. Coat includes box trucksm’ flats, seeps and 00’s. Site cleanup.

Total cast:

ST

120

,

99 880.30

Hours Tax if applicabie

Axial

Joe Vain Bree 1718 Layard Avenue, Racine, Wt 53404 Direct: 26188443661 (104) 1’ Cell: 262.497.4831 Fax; 262.886.4469 f .Emaii: joe®icarlggers.cam

mecharégge-rs‘wm The singing marge

fer

(312i

yew

memei’rfe! mm! gamete!

mmmmtian

lessees

CONFIDENTMUW NO NOE: This emeil-eentafns privileged and mnfieenilel Mom-Mien mm: is the propeny 0i wayside} Ccfisimcz‘ien 8} fissociates: intended eézgt'fwilae use of me Mendez?! teewierétg’s; finautimfized use erdx’seiaeure of {his'infermafien i5 pmizilzii‘ed. 3%er «Emmi an inieneed‘recieiena piease immezfialely notifyimiaem‘al Semiramis» .63. Assacieies aha creamy any copies (if we emer‘l. Receipt ef fins email wall? net 139 mamas Waiver by mammal Consiruciflae' & Aesecietes Many pn‘Vil‘ege er we canfideniiei nature of the informezibfl

2/15/2018

i


Relocation Claim Azarian Wrecking LLC Lease


forPart of Bail-ding

Commercial Net Lease Names‘ This. lease is made by

1.

Rn'zifi

”it“?

SW w

akxfiifi

m9“

Ami; AM

Law;

!

Landlord and

.Tenamn

,r’ixfiifiufl (3—33.. LQVIE C3114 LE; 2._Premises Being. Leased. Landiorciis laasing to Tenant and Tenant is leasing from Landlord the following premises: .

x.

Ram;

93‘“

{'1‘

PERM.

35.5%?)

.

.

mm“;

.

~

3‘34:ng

172)};

m

Elm»:

"5

«in? (3; of Sniiding Only. Specificaliy, Tenant is leasing the ‘éfléflfl fl firwfi‘r V orme building snared Faeiiifies. As part of this inase¥ Tenant and Tenant‘s emplnyees and customers may use the lggging additional facilities in cammon with other tenants, employees, and customers:

gflag

I

fol—

y

A., Parking spaces: Restrczom facilities:

Storage areas: Hallways, stairways, and elevators:

53E

E} Cn’nfeience rooms:

3.Term of Lease. This lease begins on ”391%“ 4. Rent. Tenant be on $523”

wril 3

5

gmTenant

3

pay rent in advance on the S in the amount of $ ~ 51%

thereafter.

Zn?

’i

Q

3

i

i

”$1.: W2;

and ends on

33‘

Zlébxi‘fi

each month. Tenants frrsirent payment wall $36 r Tenant Wifi pay rent 05$ 50 i... gar

clay ‘

5w 01‘

pay this rental amaum for lire entire term of the lease. 3:] Rent willincrease each year, on the anniversary of the starting date in paragraph 3, as follows:

fixation

5,.

wilt

to Extend Lease

' ‘

axercise miss ' only lease the premises on the same

‘i’enant may will

Tenant is

if \

-~.

as

in

\\ \

years. To

ex—

substantial compiiance with {he terms ofihifs lease‘ Tenant iease except as follows:

in this

_

@1131!)

m

www‘nulamnm

1.1“!

40

mama: Net Lease 54 5. Pg!


El Second Option.

ii Tenant exeroises the option granted above, Tenant will then have the option, to extend this lease for years beyond the first option period. To. exercise this option, Tenant must give Landlord written notice on or before . Tenant may exercise this option» only if Tenant is in substantial compliance with the termsot this ieese. Tenant will lease- lhe oremisee on the same terms as in this lease except as follows:

Security Deposit. Tenant has deposited $ with Landlord as security for Tenant’s panorof menoe this lease. Landlord will refund the fol? security deposit to Tenant within it} days following the end of the lease if Tenant returns the oremiees to» Landlord in good condition {except fer reasonable wear and tear) and "torrent has paid Landlord'all some due under this. lease. Otherwise, Landlord may deduct any amounts reqoired to place the premises in good condition and to pay for any money owed to Landlord onder the lease. 5.

7.

improvements by Landlord {3 Before the lease term begins. Landlord (at Landlord‘s expense} ite‘ied in Attachment ‘i to Ellis contract.

wili

make the rep-airs anti improvements

C] Tenant accepts the premises in “as is" condition. Landlord need not provide any repairs or improvements before the lease term begins.

v.

W_

ems-by Tenant. Tenant may make alterafu- . .- prevementeto theprernises alter Landlord’s w = '.-t:...-a..a: an time before this lease ends. Tenant 3% reg-ova the obtaining any ‘i GfTenant‘ealter .improvements, eeiong esTenan ‘a2° a. causeolby attaching o or nemcivlng them iromthe premises. {it -~ ..

-

«

'-

.

u.

.

'.

'

no

H

3

,

9. Tenant’s £339 of

king

.9

Tenant. may

Premises. Tenant

boot {pr

will

use the premises for the toilowing business purposes:

F turbo;

{hihxgmf

fiflr’aW

nrimk

fi-QQiML Specé-..

also use the premises for purposes reasonably related to the main use

f0“ Landlord’s

Representations‘ Landlord represents that: the beginning of the lease term, the premises will be properly zoned for Tenant‘s stated ”use and will be in compliance with all applicable laws and regulations. E3. The premises have not been used for the storage or disposal or any toxic or hazardous substance, and. Landlord has received no notice from any governmental authority concerning removal of any toxic or hazard~ ous Substance from the property. A. At

it.

Ultil'ities

and Services.

Separately Metered Utilities. Tenant tered or billed to Tenant: A.

will

pay for the following utilities and services that are Separately me-

[:1 Water

Cl Eiectricity

U

[3

r

Gas Heating Oil LFiAoEenimmial Net Lease 5-15, P92


E3 Trash Collection

[3

Other:

Other Utilities. Tenant metered to Tenant;

B.

will

pay

&

% oi the following utilities and services that are not separately

'fiWater EfiElectricity Gas

E, [3

Heating Oil Trash collection

% Other:

'

day of each month, in ectmonthly installments on or before the monthsi Landlord will give Tenant copies of the vence, in an amount estimated by Landlord. Every bills sent to Landlord. l? Tenant’s share of the actual costs for utilities and services exceeds the amount paid Tenantwlli

spay

for

these utilities

in

advance by Tenant. Tenant will pay Landlord the difference within 30 days, if Tenant has paid more than Tenant's share of the actual Costs, Tenant will receive acredlt for the everage‘ which will begeppli-ed to reduce the next installments due from Tenant in

and Repair of Common Areas. Landlord

maintain and make ail neoessery repairs to the: common areas of the building and adjacent premises and keep these areas safe and free of trash This includes:

12. Maintenance

will,

Kiln-site D Ofi‘site

fl[3

parking areas parking areas Restroom. facilities

Storage areas {:1 Hallways, stairways, and elevators C] Conference- rooms Cl Sidewalks and driveways

C] Other: Tenant

{ii} % of the cost of such maintenance and repairs Tenant: will pay these pay Landlord amounts in monthly installments; en or before the day of each month, in advance, in an amount 83‘ timated by Landlord. Within 90. days after the end of each lease year, Landlord will give Tenant a statement of the actual amount of Tenant’s share died-ch costs to: such period. it Tenant’s» share of the actual costs ex— will

l"

ceeds the amount paid in advance by Taiwan’s! Tenant: will pay Landlord the difference within 30 days. if Tenant has paid more than Tenant's share of the actual Costs, i'enant will receive a credit for the Overeges which will be applied to reduce the next installments due from Tenant. 13. Maintenance

and Repair of Leased Premises. Landiord will maintain and make to the following parts of thevbuildlng in which the leased premises are located:

D D

all

oecessary repairs

Roe-i

Foundation and struotural components Cl Exterior weils D interior Common waiie

El Exterior doere and. windows ioniiao

www.mle.mm

'

man

Cémmerciai islet

Lem

5-15, Fig.3


{:3 Plumbing

[3

[J

B

system Sewage disposal system Electrical system Heating, ventilating. and aincnnditinnlng systems S'prinklarsystem Other:

and repair the leased premises-and keep the leased premises those items specified above as being Landlord’s responsibility

'l‘erlant will maintain

in

good repair except for

i4. insurance A. Landierd will carry fire and extended coverage insurance on the building. Tenant will ate share (W %) of such insurance within ten days after receiving a statement from

pay Tsnant’s proportion— tandlbrd as to the cost. ,,,,,, 8., Tenant will carry public liability insurance, which will include Landlnrd as a party insured. The public liability coverage for personal injury will be primary to any insurance maintained by landlord, and in at least the fol— lowing amounts: $ {all} and per accurrencs. . ii will gal: in any one year. C. Landldrd and Tenant release each. other from any liability te'ths other far any property Idssr properly dam— ages. or personal injury in the extent covered by insurance carried by the party suffering the E655, damage, or 2%

'

EB

iniuiry. i3.

Tenant will give Landldrd a copy otail insurance policies that: lhis‘lease requires

15.

faxes

tenant to obtain.

iii

of all taxes and assessments that may helevisd or assessed against the building lenani will pay and the land for the period of the lease. Tenant will pay these taxes and assessments in manthly installments day of each month, in advance. in an amount estimated. by. Landlord. Landlord will cn'or befdre the give Tenant copies of the/tax bills and assessments as Landlord receives them. if “tenant's share of the actual taxes and assessments sxcssdsths amount paid in advance by Ten-ant, Tenant. will pay Landlord the differ» ence within 80 days; it Tenant has paid more than Tenant’s share 03‘ the actual taxes andasssssment, Tenant

A.

receive a credit for the average, which will be applied to reduce the nsxl installments due from Tenant. assessments to bs paid by Tenant will be prorated on a due date basis and will he assumed to cover a period of one year from the due date. B. Tenant will pay all personal property taxes levied and assessed against Tenant‘s personal property. will

Taxes and

'

Subletting and Assignment. Tenant will not assign this. lease or sublet any part of the premises without the written consent oi Landlord. Landlord will not unreasonably withhold such Consent. .16.

Bamage ta Premises A thsprsmlses are damaged through 17.

ll

fire or ether cause not the fault of Tenant. Tenant will :owe no tent for is which Tenant substantially deprived of the use of the premises. any-period during 8.. .lf-Tanant is substantially deprived at the use of ins premises for mare than 90 days because of such damags,"'i'snani may terminate this ieasebydsiivering written notice of termination to Landlord.

t8. flotice affidavit. Before

starting a legal astidn tn recover possessicn of the premisssahased on Tenant’s default, Landlord will notify Tenant. in writing of the default. Landlord will take, legal action anly if Tenant does nn‘t correct the default withinten dayszalter written I‘EGtECé is given or mailedtn Tenant. tFwt} eliminated: we: Lease 5-15. PM

-


Q'diet finioyment. As tong as Tenant is not in default under the terms of this iease, Tenant wiil have the right to occupy the premises peacefully and without interierence. Tenant acknowledges that it must conduct iteeifeo as not to interfere with other tenants“ rights to quiet enioyment.

18L.

~

in Eminent Germain. This. lease will become void if any part oi“ the leased premises or the; building whichthe leased premises are located. are taken by eminent domain. Tenant has the right it}; receive and keep a‘hyvamount of moneythat the agency taking the premises by eminent domain pays for. the value of Tenantie ieese, its loss of business! and for moving and reiocatioe expenses.

2i).

Hoiding Over. li Tenantremeins month to month.

{at .

22.

i3

in

possession after this lease ends, the continuing tenancy

wiil

be from

Qisputes

Litigation. li a disputeerises, either party may take the matter to court» [:3 Mediation and Possible Litigation. it adiepdte arisesi the parties wiii try

in

good iaith to settle it through

mediation conducted by

Cl C} a mediator to be mutualiy seiected. with the The games wiil share the costs of the mediator equally. Each party will cooperate fuiiy'end fairly "not mediator and wiii attempt to reach a mutually satisfactory compromise» to the dispute lithe dispute is reecived within 30 days after it is referred to the mediator, either party may take the main-2r to court. {:3 Mediation and Possible Arbitration. lie disoute arises; the parties wiil try in good faith to seitie it throogh mediation conducted by

C]

,

[:1 a mediator to be mutual: y selected with the The parties wilt share the costs, of the mediator equally. Each party will cooperate fuliy and fairly ii is mediator and will attempt to reach a mutually satisfactory compromise to the dispute. the dispute it will be erbitrated by not resoived within 30 days after it is referred to the mediator,

[3

B van arbitrator-to be mutue-iiy

selected, matter. Judgment on the arbitration award may be entered in any court that has i'urisdiction ever the Costs of arbitration, including iawyers’ fees, wiii be aliocated by the arbitrator. caiied Lendiord need not participate in mediation or arbitration Of a dispute unless Tenant has paid the rent for by this lease or has pieced any unpaid rent in escrow with an agreed upon mediator or arbitrator.

Agreements Landlord and Tenant additioneii y agreethat: “Hm itw‘eiéyxe film he in?“ imiweweeffv win 5% C35; ”RD/\{ir “Jaw aegis-{250; five-{N hUACfiiM EJ<¢¢§£ 33%»; E“ i: W i.» r“ i‘n

23. Additional

w

(1;)

em {

fifiwfig,

was

'

24. Entire Agreement. This is the entire agreement between the parties. it repieee-s and and ail oral agreements between the partiesi as well as any prior writings.

supersedes any

25. Succeseors and Assignees». This lease binds and benefits the heirs, successors, and. aseignees of the parties. emu

m

wwwmolcuaofit

Lftxiuxmmmmini Net Lear»: 5' :5, Fig.5


2o. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a party’s signature or to a new address that a party designates in Writing. A notice may be delivered: [3 in person El via email, 3i the addresses provided below

El by ceitified mail, or

D

.by

overnight couriea.

2?. Governing iaw. 28‘

"i“hie

lease wilt be governed by and construed

in

accordance with the laws of the state of

Counterparts. ‘ihe parties may sign several identical counterparis of this lease. Any

frailty

signed

soun—

‘terpart shail be treated as an originaii

moeifioetiom This lease may be mocEified only by awriting signed by the party- egainsi whom such modification is sought to be enforced.

.29;

33.Waiver. if one party waives any term or provision of {his lease at any time, that waiver wili be effective ooly for the specific ioetance endepeoific purpose for which lthe waiver was given. if either periy fails to exercise or d-eiays exercising any of its rights or remedies under this lease, that party reieins the right io eniorce that ierm or provision at a iaier time. Severabiiity. if any court determines that any provision of this Eease is invalid or unenforCeable‘ any in— validity or unenferoeebiiity wiil effect Only that provision and will not make any other provision of this tease invalid or unenforceable, and ehail bemedlfied, amended, or iimiied only to {the extent necessary :0 render it vaiid and enfomeabiei 31,.

Dated:

7mm":

ammonia Name of Business:

A” W

Lewi

Title;

MW}//jwM

Email:

5 We

So we 3%

Primed Name:

Address:

.

'

at

Title;

Address:

.

v’

“A44; defines» Printed Name:

Name of Business: filmwwicw kl e dogma? i @3533” 9}“- (33¢?

{11>

L13

£3“

lef

Ni Lee,

24w

.'

“‘-

Law‘i/ .,.

6

“W" ”9%”

“A

Email:

1:3 GUARANTOR By signing this

lease, i. personally guarantee the performance of all financial obiigetions of under this lease.

Dated: Printed Name:

.

lone:

Address: Email:

LFW} Gammemial Net Lease 5-15, ?g.6


Relocation Claim Azarian Wrecking LLC Closing Costs


BWER’ES STKFER'EEfiT Fits No.2 Satfiemant aorrower:

'

Data:

Selim: Proparty:

'

WT.82414 June 30. 20.16 Sam 3. Marian and Lori A Marian Harry IF. Piepmeter 1,535 High 8treet Racine WI 53402

DEBITS

Safe Price at Property Fire Pmtection Pmratisn Sewerismnn Water

285 090 09 g

3?, 91 953 58;“: 36,69 is“

‘ .

Register of Deeds

to

Recordtheas

,1.

§,,k,

Grass Amountvoue From Borrowar

V

3"

f3” ,

r,~

{£551

$ 286,021.49

TOTAL 1353313

CHEERS 989053 Cityl‘fawrt Taxes

011011-18

to

5,000.00 6 4,369.5? x

assume

WatsrlS awar Mutation

74.995

Less Tutsi Credits to Borrower

TOTAL GREDFFS

,-:

,, ‘

I p;

$9,444.56

EALMiCE

Borrswer;

From.

.

Buyer hereby warsantsto Setter, Broke: and Titia Company that there are iiabitittas against purchaser misting to said this Clusing Statement for accuracy and mpletsness

m

costs chargas expanses, iianst fiebts, Buyers signature certifgas;Buyer has reviewed

afidifions;

amass

taxes assessments or other

3 23's 576 93

Buyer accepts this Cissing Siatemsntas correstfor the purposa of dosingth‘e transaction towhich it relates; If! however, any atfiusmems should be required foliowing further madam: by either partyg to which both partias agree. than 33611 adjustments shafi be made immediatety. Buyer ls awars that the Selier shall obtain and pay anyf'nal utiiity. water ant? service Shins not being paid car. pmrated on this statement Landmark ‘fifia of Racine, inc is net responstfiie for attaining sunset mate: réagfihgs am! therefore wt}!

not be

hate! flame.

fur any dismapencias.

Landmark Tats at Racine Ina is not flame. far anylfees, spectai taxes. assassmentsana spaciai charges. If any, net disclosed on the Special assassmem Lanes if money is due at dosing, it must bem the form of a wire Photo identificaliun will as requirsd at the time cf dosing HGT-E:

Salter

MUST _

at:

Racine Water

Sagas-irritant

to remove

bit!

awarding. Phone: 262.636.9181.

APP ROVED:

Landmark Yitta of Racine, inc.

6326333

an?“

§

“3’19 {i

Washington Avenue Racine,

g?“

W3

53403 FHQSZ) 632.6262? Fax (282}

,

"(msszmwmmmzawsg

1

{3“

r”?


mum’s sm'mafif File tam

.

__

LM’FSZM‘:

gamma: Date-z

,Borrjéwer:

.

Seller:

lame 35.20% Sam 8; Azarian and Harry F. Piepmeier Racine.

WE

Lox?

J. Azarian

53402 GREDI‘ES

SaEe Price of Pmpedy Fire Pmtection Pmraflon

285,006.00

.

37193

Sewerismrm Wazer

953.58

Tam? Credits

to Sefier

TOTAL. CREDITS

.

285 991.43

{3&st Payoff at First Mortgage man 2015mm Estate Texas CiiyJTtswn Taxes

Wawfs emr ‘fifle

»

01191316 *0

ta ta

TriCity Nafiona! Bank City of Racine

211835.70

Msurar.

2.208.932

3839/13

4,389.5?

Proratiun

Gwnet‘s Palicy

Clams

Tme~ 8 pacia! Assassmant Letter Title . acumen: Preparation

74.99

.

to

Landmark “Rue of Racine, inc.

ta

Landmark mm cf Racine, inc.

to

15%;) 85$;9t}

m

fo

’E‘ransfer‘fax

Landmark ”flue cf Racine. Landmark ‘fitie of Racina. Inc,

to

CommiSsion

Register of Deeds

m

REIMAX

”We -

Ovamiwaire Sendces

1.9%..00

Namd

'

$19-$30

Reaity Corp.

Less Total deucflons to Amaunt nus Salter

V5560

.

'

22,800.06 TOTAL BEEFTS

$ 249.3?9.‘¥ S

BALANCE To

seller

$ 36,612.31 Saiiervhereby warrants lofiuyen Brake: anti Tsfle céfitpany that K1393 no addifiéfi'éi {535%, nfiargéé; Exp-ens“.- iiagisfiiiabls. 1536913, am .aasegsmams or 9mm liabilitiesagainsiseiier relating la saifi purchase. Seiiars sigaatuse certifies Seliar‘has raviaw'ad-mis causing Statement for acctzracy and campietenes’s; '

$8”ve accepts this {nosing $batam3m as-currectfor ma purposa .uf ciosingvmez flagsacfipn to which Itlrelates. if. howflsgzany adjustments shousdbe requiredfcflowing furthermwawby either 133-11)}. :5 whichbofl}.parfies wreathsn suahadjusfmenia shan- b‘je made fmmsdiataly. Seiier-agmesmatmey Shall. abzam‘antE-pay any final utfimzwatar and Service biifé rimming paid or‘prorated on this filament. Landmark fine of Racing. km (5 not raspmsibleéforubminmg actual meier readings and “therefore Wis: nether haw liabls b: anwdisgrapencies.

Landmark Title offlacine, inc. is notliabfefos‘ any fees. Spaciaf taxas, assessments ami special charges, if any, net disddwd on the SpeciaIAsses'smen: Letter. Emma}: is due at céosing: ifmustbe in She firm cfa wire. Phota ideniificaficn wua 1:9 mquired aims: time cfciosing. R075: Seller EFUST can Racine “Mar Department to remove 33%! 282.6363“?

rm; (Wigwam;

81 .


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'RELOQATJOM CLAIM - APPLICAT‘ON AND RELEASJE [pal527

812cm

{Replaces $254014;

5.32.19. 32.195&32.20Wns.81313.

Official Use ONLY Claim Received and Filed

Claimanl (print name)

83m Azarian

Dale

_$ons Marina lnc. Replacement propeity address '

&

DiscOntinuedBUsiness

"Claimant mailing address

Place

.1

1535 High Street, Racine,

Wl'

By

53403

Listed below are itemized damages claimed .as the result of the. acquisition of prlvate property for while use, exclusion of all cemgensation previously agreed-to: for the negotiated purchase or the Award of Damageses determined by the State of Wisconsin, Department of Transportation. All damages payable under ANY lNDlVEDUAL ITEMS enumerated in Salmons 32.19 and 32.195 Wisconsin Slatutes shoulcfi Fae-claimed at one lime after such claimeé damage liems shall be fully materialized, as provided in Section 3220 Wisconsin Statutes.

.Dflwner

[E Business

1:} Residence 3:} Sign

[3 Farm

Tenant

ES}

D

[:3 Non-profit

El- Purchase

[3 Rental

Off-premise

C] 0n premise Description of ltems Claimed (attach receipts and éncgimentetion) 1.:

Moving expenses {actual - new site}

2.

emenses Moving expenses Moving

’3.

Ere—establishments]

7

Amount Claimed

s.32;19{3}(e} s.32.19{3)(a} ,

{eplional fixed] 8.32} 8(,3}(b)l number of rooms actual moving expenses s.32.l§{3}(b)2 Replacement. housing {owner occupant} s.32.19(4)(e)

4,

In lieu of

5.-

'

Amount Allowed

3

S

$

$

I

I

$

3

33

3

2099300

$

g

S _

6.

7.

.,

Increased interesi [ownemecupanl] Clesingcosls and related expenses

8.32.1i9(4)(a)2

-

(4m)(a)2

3.32.1;9{4}(813 ~ (4m)(e)3 ~ {4m)(b)20

8.

Replacement honslng [tenants and certain others - renlal} s.32.’lQ(4)(b}1 Replacement housing [tenants and certain others ~ pumhase] s.82.19(4){b)2 10. Replacement business [fann ownea'] s.32.19(4m)(a)

.53

16. Expense olplans rendered unusable 1?. Net rental lass s.32.195(6) ’18.,

Cost of fencing

532.1934)

'

3.32.195(5)

5323953)

mm. ¥=or

Items, recommended for approval

$

$ $

.

15. Realignment of nelsonal'pmperty [same site}

”5 g

5.32.1951?)

s.32.l$5{3)

.

'3

.$

$

$

$

§$

'

Replacement business [farm tenant] s.32.19l4m)(b) 12. incidental expenses {acquisitiona 3.32.195“) 11..

14,: Prenatal share of taxes

500.00

5

’9.

13. 9enalty costs on old mortgage

S

S.

$

$

5

'5

$

-$

$

$

.5

,s

s

:3

$

3

20,500.00

Official Use Only (claimant complete next page)

Real'Eslale Specialist

items

in

Reglonal Real Estelle Manager

the above claim are allowed

in

the total sum 0f $

I

V

Date

on this date

X

Approving Amnority Signature

Date

Print Name

Project

ID:

Highway:

County:

Parcel No.: Page

1

of 2


CLAiMANT CERTIFICATION

1

The undersigned canines that the foregoing statement is true and correct and, that the damages described 'Eherein exist and costs have been suffered by me (its) in 'the'amount-shown after each item. t (We) agree to accept the amounts as payment in full for the items claimed, and reiease the Local Agenoy and any public body. board or commission acting in its behalf. from any and all claims for demageserisirig through this project, for the listed items for which-an amountis ciaimed. Enjolaiming payment for an amount under Items, [s.32.19l4)(a)3. (We) certiiythat: l {Welwas (were) in ecpupanoy at least 180 days mimic the date of initiation of negotiatione'ior the acquisition of the property. inclaimlng payment for an'ammmt under Item 8 org [3.321 mm], l-(We) mrtify that t (We) was (were) in lawful occupancy for not less than 90 days priorto the. initiation of negotiations for the acquisitionof the property. {We} certify that to.the-be31-ofmy (our) knowledge-the replacement Welling i (We) have purchased and occupy, meets the decent, safe and sanitary standards prescribed by state and: federal regulations for such property. in claiming payment for anvamount-under item 10 or ii ’{s.32;39{4m)}, l (We) certiiy that (We} owned and occupied the business operation 'or owned the famoperation for not less than 1 (one) year prior to the initiation of negotiations for the acquisition of the prone . Any igson who is an alien not: lawfutly present in the United States is ineligible for relocation advisoiy se‘rvlcee and relocation payments, unless such ineligibility wouid result in exceptional and extremely unusuat hardship to a qualifying spouse, parent. or child as defined in 24.208le CPR. l certify that 'all membezls) of my household or elt omens) of an unincorporated business! farm. or nonprofit organization is (are) a citizen or nationai of the tinitedStates, or an alien who is lawfiilly presentin-the' Uniierf States. :

2'.

,

3.

V

E

4. 5. 8;

I

7.

_

AQREEMENT AND GERHFIBATION

Owner-Occupant claiming a Replacement Housing Payment (item 5, 5.32.19(4)(a}), analor Replacement Business Payment (item it). 5,32.=19{4m)(a)), endior a Replacement Farm Payment for Lends (item 10: s.-32.i§(4m)(e}) aoquirect by any Conveyance or by an Award ofDamages pursuant to Chapter 321 ‘Wssconsin Statutesx Claimant understands that, in the event of an appeal from an Award of Sameges, 3.3205(9) or fromgthe amount of compensation stated on the Warranty Deed, s;32.05(2e) {Or the reinuised right of way from a residential, business, or farm property, any inonease in the Basic Award shail be reduced by thovamount oi the replacement residential, business or farmpaymenl aselaimeci. lithe residence is tooatedon a farm or business property or on a land area larger than that typical for residential site purposes, the claimant understands that anyinerease in the Basic Award attributable to the reeidentiet portion shall be computect in the same percentage ratio eslaelished in the offering price oithe :BzesicsAwetie. Any increase in the Basic Award, attributable to the business portion shall reduoe. the amountof-the mplaoementbusiness payment. The business ponionf shall be computed in the same percentage ratio established inthe offering price airtime Basic Award. Any increase in theBasio Award, attributable to the farm ponlon shall reduce theamount oi the replacement farm payment, The term position shall be computed in the same percentage ratio estebiished in the offe ' :prioe of? he Basic Award. In no event shall the final determination. oi‘juet compensation be reduced by more replace tresiéential, business farm j yment. '-

....—-~——-

.

«13331an "

Print Name

i" " W‘s:

25»! (EL/M l"

/ fate

_

,5”

(Notanzalion is required for claims for Replacement Payments, ONLY. items 5 and 10 Comm. 20236 (6),.advanoe payments in condemnation.)

X

Claimant Signature

1

Date

Print Name

Dale

State of Wisconsin County

ss.

On the above date, this instrument was acknowledged before me by the abomamed perennial or officers. '

\X ..

Signature, Notary Public, Suite of Wisconsin Pilot Name Notary Public. State ofWisoonei'n Dale Commisslon Expires

1.

2. 13'.

'

'

lNSTRUC-‘l’lONS lMPORTANT: Attach .all neceipled bills, paid statements and other factuai data supporiing your claim for review! in support-oi a “net renlat loss" claim, submit a record of all sent forlhe property in question showing that the-losses claimed are directly attributable to the publle improvement and that losses exceed the normal rentalior vacancy ewerlenoe for similar propertiesin the area; This claimmust-be- signed by claimant and such'slgnaiure musl'be notarized pm: to the time application is submitted to intestate for items 5 and 10. Mail this form and ALulecelpteé blllsand‘fécmal detain Local Agency or its Consultant.

Page 2 of 2


Exhibit A to Relocation Claim Form Claimant:

Sam Azarian & Sons Marina Inc.

Line 7. Exgenses Payment of Services :0 prepare Relocation Claim [per ADM §92.52(1){m)1

Line 2012 Earnings 20.13 Earnings

2014 Eamiugs 2015 Earnings 2016 Earnings

,

‘10..

5:00.00

Re lacemem: Business 3.32.19 3

......... $ ........................................................................ .............................. ....................................................................... ....................... .......................................... v;

Discontinued Business ........................................................... ADM §92.56(4)]

{per

.................. .......;f$

147,475.00 149,486.00 397,049.00 157,329.00 64,576.00 20,000.00

§

;$

'

2000000 20,500.00


Relocation Claim .

Sam. Azarian & Sons Marina Inc.

2012 Earnings


Form

1 120

Immsm”

3

V

PRINT

J33§sfi..[]

'

3

g

a

{:5

i

'21

o u

24 25

E

g 3' 25 $4 27 3 I; 28 ‘

{a g P

3;.”

E 5

,

64,493. 122,289.

24,695.

t

;.

interest Income before

'

12‘143. 5,376,

. . I

. .

.

.

. .

. .

.

.

.

,

.

.

.............

5.3.

.333.

.3.

787

29a

It . .. .

.

.

.

.

.

.. .

.

.

.

.

.

.

.

.;28

'

2 713

Instuctlons)”,....,...........‘................

329$

.

2K

'

a.

0329

Frinlll'ypa

prewar: mm

GARY

LIPOR

Fmi‘s'mme

swam

*

*

FRANK

45m.

Preparers Manama

E

WESfi-INGTON

o

,

.

miygfififigf $573M?» m"

} pagsmgm me Dale

I

Check

_

if

saif-mplmd arm's a» ’2-

AVENUE

BACINE WI 53405 For Paperwork Reducllan Act Notice. se'e saparate instructions.

.

.

GARY .LIPOR

STEREIN, GPA, SC

O .

Mum‘fi?WeW mfini'fiééhafigmw (elm;- bar? taxpayer)’Is lined Wall informdlion of fluid:mfmfigoégggwm; on prawns! Elysian c! oficer

.

3,.

and

I

713

530;

............................................................ ................................. ................... r ..............

.

43, 1.44 . 144, 76g; 2 713 .

E27

fine 27 fmm line

S.

.

;4 , 750 .

.2.

.

,

deduction and special deductions

up‘etaflng

31‘201

37,361

‘21

31. Total tax (Schedule Part I am H) €31 32 Total payments and refundabte. credits (Schedule J, Part 2332 ll line 23) 33 Estfimated tax penaEty {see lnstrucfiuns). Check It Form 2220Is attached E233 E] 34 Amount owed." line 32 ls smaller than the total 'of lines 31 and 33. enter amount owed 534 85 Overpayment. If line 32 is Iargervthan'me total of lines 31 and 33, enter amount overpaid.. . . . . . . . . . 135 35 Enter amount from line 35 you want Credited to 2633 estimated tax. Befundnd > 136

Use My

'75 .

,

.............................. 29 b ........................................................................... TaxabbincomefiubtractImechfmm Has 28 (see

Pald Preparer

2g_

147,1

.

operating loss deduction (see inStmctions) b Special deductfions (Schedule c. line 20) c Add lines 292: and 29b

Here

186, 782 .

_

."12

29a Net

Sign

BAA

1

Ej‘lfl

J

a g

186 782.

b

................. ............................. c ............................................................ Grossprnfif.8mh‘actl§n82fromline1c..x...........fl........I.......... ....................... Dividends (deedufe 6, line 19) .................................................................. Interest ............................... ....................................................... Grossrents ............................................................................... Gross royalties ................................................................................. Capital gain net inccme (attach Schedule D (Form 1120)) .......................................... Net gain or (toss) from Form 4797 Part Ii fine 17 (attach Form 4797) ............................... Other (see inshuofinns— attach schedule) SEE STATEWNI l ............................... .....> Total income.Add lines 3 through 10 ........................................................... Compensation of offiters (see fhstructicns~ attach Form 1125 E} ................................. > :13 Safariesandwagas (lessemploymentcredits)......,....,......‘..H.....,...., .................. :14 Repairsand maintenance ......................................... ............ 15 Bad debts ...................................................................................... Rants ...... ................................................................................... :16 Taxes and licenses :17 ............................................................................. 38 Charitable contlbulions ........................................................................ :19 Depreciation from Form 4562 not claimed on Form 1125- A or elsewhere on retum (attach Form 4562) 320 Depletion ............................ ......................................................... Advertising ..................................................................................... 22 Pension, profit-sharing, etc, plans ............................................................... 523 Employee benefit programs ....................................................................... 724 Domestic productlon activme's deductIon (attach Foxm 8903) 25’ ........................................ Otherdeducfions (atlachslalement) SEE. STEEEI‘EM. £26 .. .................... ..... Total daducflons. Add lines :2 through 26 > ............. .................. ..................... Taxabla loss net Sublmcl ,

30

g. R E A

Address change

4

V

,

,7

f:

798,433.

(4)

.

22 23

E g.

Name change

E11

u g 15' 3 R: 16 g :- 17 18 19 g 20' s 3;,

1a

U

Income

12 13 14

r

(3)

.

11

is

return

1

9 19

5

U Final

(2)

I

8

g

(1) L] lnltiai return

'

7

{I

$ Check if:

E-

Costoignodssold(éttachForm1125A)

5 6

'E‘

I

I

8 9 3:10:13

1aGrossreceI‘ptsorsaies.......,.................,.,.... ..............

i;

.

number

WW2.3mm;

WI 53403—1173

b Returns and aliowances c Balance. Subtract il'ne lb from tine la

2

201 2

39—1439335

>

RACINE,

No. 545-0123

quflenflafim

WE ..... ”main“ WWWRE WW 2mg???

33%“? . ,,

201 3

.

“$331223; E‘s?

2

5

OMB

4 ['30

mama/roam». B

Whack“: 1

Corporation Income Tax Return

U. S.

For calendar year 2012 or tax year beginning 5/01 2012 andlng ’- Information about; Form 1120 and its separate instructions ls

Phone no.

enemas; nnanz

I

.

fin

my“

HNO

P01229818 33904421; (262)

638-9005

Form‘l 20

612)


germ 1123 (2012) \

SAM

AZARIAI‘I

Sc

sass

MARINA INC

397*

Dividends an: Speck? Deduéiibns (see instructions)

1433336 {a} Dividsnds

received

(b}9ereentage

Dividends from iess—tfzan‘20%~owned domesticcorporafions (other than debt-financed stock)

........................................

70

Dividends from 20%“or more owned domestic cmpsraiions (other than debi financed stock)

.........................................

80

Gividends on dsbbfinanced stock of domesticvand foreign corpoi‘aiions .

......... .................. .......... ..... .

,

see

42

Dividends an certain preferred stock 'si' 20%-sr—more~owned pubiic utilities H

.............................................

48

Dividends (rem iessAihan- 20% owned ioreign ccrparsiions and certain F805

...................................................

70

Dividends from WWW-mote owned foreign summations sud certain FSCs

.....................................................

80

Dividends from whaiiy owned foreign swsidiarias

..........

100

...............

8

‘Foiai Add iines i through See instinctions far imitation Bividsnds {mm damestic amputations rsceived. a smail business investmenf company onerating under the Smaii usiness investment Act of ”£958

.......

100

............................................

......................

TI

Dividends from afiiiiated gmup members

12

Dividends from certain FSCs

13

Dividends from foreign summations not included on iines 3 or 12

14

income from cont’mlied foreign corporatiuns under subpart F

15

Foreign dividend gross-up

16

[90:80

ii

(c)Speciai deductions (a) x (b)

instructions.

Dividends on certain preferred stock of iess~ihan 20% owned public utilities , Hi

.......... .............................

.

Page 2

.

.,

100

.................................... 5

Y

169

8

........................................................

{attachi‘ormifis}5=i7})m....,,......‘...........H..m...x.......

...............

..

.

..

...................

and sarmer DISC dividends not inciuded on firms

1? Omar dividends

or

3, .

.................................................

18 Deduction for dividends paid on certain prefsrrsd stock pubiic uiiiiiies

3, 2',

.

01‘

...................................................

19 Toi'ai dividendsfidd fines i ihrough pa‘gs 1 line 4

i7

Enter hare and on

............................... ................. .

20 Form 7120 (2012)

CFCAOZIZL

11:13:12

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