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CCR2009048-Moorland Park Lease Agreement LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Tom Schaefer (T&K Schaefer LLC, DBA Basses Country Delight Farm Market), Lessee. The property which is the subject of this lease is described as follows, to-wit: Moorland Park Located within the Northwest ¼ of Section 11, Town 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin. Tax Keys MSKC 2202999003 and MSKC 2202999004 TOTAL AREA TO BE LEASED IS APPROXIMATELY 9 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO THE FOLLOWING CONDITIONS: No rental fee will be charged. Rent will be $0.00 per tillable acre for a period of two years. RENTAL: The rental of said property shall be for the term of two growing seasons, commencing on the_____day of ________, 2009, and ending the 15th day of November, 2010. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITION: Crops other than soybeans may not be cultivated under this agreement. Soybeans shall be cultivated during both growing seasons LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the Clerk/Treasurer Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the land, according to contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30) days of the termination of this lease. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal after the two (2) year period. Moorland Park land Lease 2 Pursuant to Resolution #048-2009 passed and approved on April 14, 2009 by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2009. __________________________ Tom Schaefer, Lessee __________________________ City of Muskego John Johnson, Mayor