Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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