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CCR1985114RESOLUTION #114-85 (As Amended) APPROVAL OF LEASE AGREEMENT DENOON SCHOOL BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee does hereby approve the Lease of Denoon School as attached hereto and made a part hereof, with the term of the lease to be July 1, 1985 through October 1, 1985 and the understanding that no City funds shall be used for the furnace, and authorizes the Mayor to execute same in the name of the City. BE IT FURTHER RESOLVED that this approval is subject to approval of the Parks and Recreation Board. DATED THIS 28th DAY OF May , 1985. FINANCE COMMITTEE Ald, Edwin P. Dumke ATTEST : City Clerk 5 I85 jm .. , 0 hTr&CifMEN l- RESO & /JL/-BS LEASE OF DENOON SCHOOL This Lease is made and entered into on this 2$th day of May . , 198 4 by and between the Muskego-Norway I School District, hereinafter called Lessor and the City of Muskego, a municipal Corporation, hereinafter called Lessee. WITNESSETH: I. DESCRIPTION OF PREMISES Lessor hereby leases to Lessee on the terms and conditions set forth herein: "all portions Of the building and real property known as Denoon School located at Highway Y (Racine Avenue) and Parker Drive in the City of Muskego, being in the Northwest One-quarter of the Southwest One-quarter of Section 29, Township 5t1, Range ZOE, Waukesha County, Wisconsin". 11. TERM OF LEASE The term of this Lease shall commence on this date and shall terminate on the 1st day of October , 1985. It is specifically agreed that either party shall have the right to terminate this Lease without any specification as to the reason for termination, after giving ninety (90) days prior Written notice of termination to the other party. Under such circumstancea it is agreed that there shall be no further obligations to either party under the terms of this lease. 111. RENTAL Subject to the requirement of the Lessee paying any sums agreed upon to cover the costs of any improvements to the described premises, and in consideration of the demise of these premises, Lessee shall pay a total cash rental of One Dollar ($1.00) to Lessor. IV. - PAYMENT OF CHARGES Lessee agrees to undertake and become fully responsible for all maintenance and reoairs to the prenises during the term of this Lease so as to maintain the premises in exactly the same physical condition as they are found in at the commence- ment Of the Lease tern, except for any building alterations necessitated or required by the use intended for the premises by Lessee. Lessee agrees that in the event there are any modifications to the building or grounds that Lessee must first obtain the prior written approval of the Lessor before commencing such improvements or modifications. V. USE OF THE PREMISES Lessee shall use the demised premises for the purpose of conducting a senior citizens' center. Lessor expressly warrants that the zoning classification to which the demised premises are subject permits such use; provided, however, that Lessee shall not use the demised premises in such a manner as a to violate any applicable law, rule, ordinance, or regulation of any governmental body which may be in violation of any re- strictions or use limitations placed on the property at the time of acquisition by the Lessor herein. VI. LIABILITY FOR DAMAGE Lessee as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damage to goods, supplies, wares and merchandise, in, upon or adjoining said premises, and for injuries to persons in or about said premises from any cause arising at any time during the term of this lease, not proximately caused by Lessor. Lessee further agrees upon taking possession of the premises to have in effect a public liability insurance policy covering '3 risks at the demised premises for an amount oi at least 5,OO; om - /&. Dollars for death or injury to one person and Dollars for death or injuries to two om more persons in any one accident; and property damage insurance with limits of #'500.0,0,0 - Dollars as to each incident. Lessor agrees that if Lessee has in effect a pro ram of self insurance Eor all or any part of this risk that certification in writing from Les- sor to this effect shall be sufficient to comply with the terms of this provision. i 9 .. 4 - 2- If Lessee has a policy of insurance, it is agreed that LBssee shall name Lessor as one of the assureds thereunder and Lessee shall deliver copies of said policies or certificates of insurance to Lessor within thirty (30) days after taking pos- session of the premises. This insurance coverage shall be maintained at Lessee's sole cost and expense. Lessee for itself, its successors and assigns, hereby agrees to indemnify and hold Lessor, its agents and employees harmless from any and all claims, demands, liabilities, suits or actions, including all reasonable expenses and attorneys fees incurred by or imposed by Lessor in connection therewith for loss, damage, injury or other casualty not caused by Lessor's negligence. VII. UTILITIES Lessee agrees to be responsible for the maintenance of all heating and air conditioning units on the demised premises and to pay when due for all electrical service, natural gas service, sewer use service and any and all water use or service charges. Lessee further agrees to be liable for all maintenance and'repairs to the subject premises and agrees to assume re- sponsibility for any damage occasioned by the failure of any plumbing, gas, water, steam, sewage or other pipes, failure of electrical wiring, or any other electrical installations or damages occasioned by the accumulation of snow or ice on the roof or other portions of the building or grounds or damage to any part of the physical structure of the property. It is ex- pressly agreed that Lessee shall not be held liable for substantial roof replacement or damage to the building foundation. It is agreed that Lessee shall maintain its own telephone system and be solely responsible for the payment for such services VIII.. ASSIGNMENT AND SUBLEASING .. 3 Lessee may not assign this Lease in whole or in part with- out first obtaining the prior written consent of the Lessor. It is specifically understood and agreed by and between the Lessor and the Lessee that any subleasing which Lessee Or its 'i \ -3- . '. assignee makes, d6 perrnittcd herein, shall in no way relieve Lessee of its obligations hereunder for the performance of all terms, covenants and conditions to be kept and performed by the Lessee. The right of subleasing shall be that of the Lessee only and shall not extend to any sublessee or assignee. Ix'. COVENAN'P OF QUI L'l' ENJOYMENT Lessor covenants and agrccs with Lcssec that it will at all times when Lessee is not in deEault under this Lease and during the term of this Lease, grant Lessee's quiet and peaceful enjoyment of the demised premises. X. NOTICKS AND DEMANDS Any notices or demands required or permitted by law, or by provision of this Lease, shall be in writing, and if the same is to be served upon Lessor, may be personally delivered to Lessor, or mdy be deposited in the United States Mail, registered or certified with return receipt requested, postage prepaid, and addressed to Lessor at or such other address as Lessor may designate in writing. Any notice or demand to be served upon Lessee shall be in kriting and,in duplicate and shall be served either personally or by deposit in the United States Mail, registered or certified, return receipt requested to Lessee at: PlLi ~/L/,?~,/&~q~ - W-L , 1,3/s71 Muskego, Wisconsin. IN WITNESS WHEREOF, we have, on this date, set our hands in the City of Muskego. Waukesha County, Wisconsin. Signed and sealed in LESSEE: City of Muskego presence of: By : Office Held: STATE OF WISCONSIN ) Authorized Representative 1 ss WAUKESHA COUNTY ) Personally came before me, this - day of 19 , the above named - , to me -4- ', \ known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, Waukesha Co., Wis. My Commission: , Signed and sealed in LESSOR: Muskego-Norway School presence of: District By : STATE OF WISCONSIN) WAUKESHA COUNTY ) ) ss Personally came before me, this day of 19 -1 the above named , to me known 0 to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, Waukesha Co., Wis. My Commission: ................................. This instrument was drafted by: MICHAEL B. RICK Attorney at Law '\ \\ , \ \\ \ -5- ATTEST : RESOLUTION #114-85 (As Amended) APPROVAL OF LEASE AGREEMENT DENOON SCHOOL BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee does hereby approve the Lease of Denoon School as attached hereto and made a part hereof, with the term of the lease to be July 1, 1985 through October 1, 1985 and the understanding that no City to execute same in the name of the City. funds shall be used for the furnace, and authorizes the Mayor BE IT FURTHER RESOLVED that this approval is subject to approval of the Parks and Recreation Board. DATED THIS 28th DAY OF May , 1985. FINANCE COMMITTEE Ald. Edwin P. Dumke City Clerk 5/85 jm ._ 0 ,. LEASE OF DENOON SCHOOL This Lease is made and entered into on this 28th day of )cay . , 1984 by and between the Muskeyo-Norway . School District, hereinafter called Lessor and the City of Muskego, a municipal corporation, hereinafter called Lessee. WITNESSETH: I. DESCRIPTION OF PREMISES Lessor hereby leases to Lessee on the terms and conditions set forth herein: "all portions of the building and real property known as Denoon School located at Highway Y (Racine Avenue) and Parker Drive in the City of Muskeyo, being in the Northwest One-quarter of the Southwest One-quarter oE Section 29, Township 51J, Range 20E, Waukesha County, Wisconsin". 11. TERM OF LEASE The term of this Lease shall commence on this date and shall terminate on the 1st day of 0ctobe.r , 1985. It is specifically agreed that either party shall have the right to terminate this Lease without any specification as to the reason for termination, after giving ninety (90) days prior written notice of termination to the other party. Under such circumstances it is agreed that there shall be no further obligations to either party under the terms of this lease. Subject to the requirement of the Lessee paying any sums agreed upon to cover the costs of any improvements to the described premises, and in consideration of the demise of these premises, Lessee shall pay a total cash rental of One Dollar ($1.00) to Lessor. IV. PAYMENT OF CHARGES - Lessee agrees to undertake and become fully responsible for all maintenance and repairs to the premises during the term of this Lease so as to maintain the premises in exactly the same physical condition as they are found in at the commence- ment oE the Lease term, except for any building alterations necessitated or required by the use intended for the premises by Lessee. Lessee agrees that in the event there are any modifications to the building or grounds that Lessee must first obtain the prior written approval of the Lessor before commencing such improvements or modifications. V. USE OF THE PREMISES Lessee shall use the demised premises for the purpose of conducting a senior citizens’ center. Lessor expressly warrants that the zoning classification to which the demised premises are subject permits such use; provided, however, that Lessee shall not use the demised premises in such a manner as 0 to violate any applicable law, rule, ordinance, or regulation of any governmental body which may be in violation of any re- strictions or use limitations placed on the property at the time of acquisition by the Lessor herein. VI. LIABILITY FOR DAMAGE Lessee as a material part of the consideration to be rendered to Lessor, hereby waives all claims against Lessor for damage to goods, supplies, wares and merchandise, in, upon or adjoining said premises, and for injuries to persons in or about said premises from any cause arising at any time during the term of this lease, not proximately caused by Lessor. Lessee further agrees upon taking possession of the premises to have in effect a public liability insurance policy covering a risks at the demised premises for an amount oi at least # 5cOQLm /&gin, Dollars for death or injury to one person and Dollars for death or injuries to two on more persons in any one accident; and property damage insurance with limits of $Sw,”,60 - 3- Dollars as to each incident. Lessor agrees that if Lessee has in effect a ram of self insurance for all or any part of this risk that in writing from Les- sor to this effect shall be sufficient to comply with the terms of this provision. -2- I If Lessee has a policy of insurance, it is agreed that Lkssee shall name Lessor as one of the assureds thereunder and Lessee shall deliver copies of said policies or certificates of insurance to Lessor within thirty (30) days after taking pos- session of the premises. This insurance coverage shall be maintained at Lessee's sole cost and expense. Lessee for itself, its successors and assigns, hereby agrees to indemnify and hold Lessor, its agents and employees harmless from any and all claims, demands, liabilities, suits or actions, including all reasonable expenses and attorneys fees incurred by or imposed by Lessor in connection therewith for loss, damage, injury or other casualty not caused by Lessor's negligence. VII. UTILITIES Lessee agrees to be responsible for the maintenance of all heating and air conditioning units on the demised premises and to pay when due for all electrical service, natural gas service, sewr use service and any and all water use or service charges. Lessee further agrees to be liable for all maintenance and'repairs to the subject premises and agrees to assume re- sponsibility for any damage occasioned by the failure of any plumbing, gas, water, steam, sewage or other pipes, failure of electrical wiring, or any other electrical installations or damages occasioned by the accumulation of snow or ice on the roof or other portions of the building or grounds or damage to any part of the physical structure of the property. It is ex- pressly agreed that Lessee shall not be held liable for substantial roof replacenent or damage to the building foundation. It is agreed that Lessee shall maintain its own telephone system and be solely responsible for the payment for such services VIII.. ,:!. ASSIGNMENT AND SUBLEASING ..I Lessee may not assign this Lease in whole or in part with- out first obtaining the prior written consent of the Lessor. It is specifically understood and agreed by and between the Lessor and the Lessee that any subleasing which Lessee or its -3- assignee makes, a6 permitted herein, shall in no way relieve Lessee of its obligations hereunder for the performance OE all terms, covenants and conditions to be kept and performed by the Lessee. The right of subleasing shall be that of the Lessee only and shall not extend to any sublessee or assignee. IX. COVENANT OF QUIE'I' ENJOYMENT Lessor covcnants and agrees with Lcssee that it will at all times when Lessee is not in default under this Lease and during the term of this Lease, grant Lessee's quiet and peaceful enjoyment of the demised premises. X. NOTICES AND DEMANDS Any notices or demands required or permitted by law, or by provision of this Lease, shall be in writing, and if the same is to be served upon Lessor, may be personally delivered to Lessor, or may be deposited in the United States Mail, registered or certified with return receipt requested, postage prepaid, and addressed to Lessor at or such other address as Lessor may designate in writing. Any notice or demand to be served upon Lessee shall be in briting and in duplicate and shall be served either personally OK by deposit in the United States Mail, registered or certified, return receipt requested to Lessee at: o/Lfl&&rqp w/9.2, SSJOO @m,,, /?tY.?UCL/, (yA!&,,, e / p' Muskego, Wisconsin. IN WITNESS WHEREOF, we have, on this date, set our hands in the City of Muskego, Waukesha County, Wisconsin. Signed and sealed in LESSEE: City of Muskego presence of: By : Office Held Authorized Representative STATE OF WISCONSIN ) WAUKESHA COUNTY 1 ss ) Personally came before me, this day of 19-, the above named , to me -4- known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, Waukesha Co., Wis My Commi s s ion : Signed and sealed in LESSOR: Muskego-Norway School presence of District By : STATE OF WISCONSIN) WAUKESHA COUNTY ) ) ss Personally came before me, this day of 19 , the above named , to me known e to be the person who executed the foregoing instrument and acknowledged the same. My Commission: Notary Public, Waukesha Co., Wis. """""""~""""""""""""""""""""""""-" This instrument was drafted by: MICHAEL B. RICK Attorney at Law -5- RESOLUTION #114-85 APPROVAL OF LEASE AGREEMENT DENOON SCHOOL BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance /Committee does hereby approve the Lease of Denoon School as /attached hereto and made a part hereof, with the term of the lyase to be July 1, 1985 through December 31, 1985 and the un erstanding that no City funds shall be used for the furnace, P and authorizes the Mayor to execute same in the name of BE IT FURTHER RESOLVED that is subject to / / , 1985. approval of the Parks and Recrea'tion Board. DATED THIS DAY OF FINANCE COMMITTEE I Ald. Edwin P. Dumke ATTEST : City Clerk 5/85 jm