CCR1985175RESOLUTION #175-85
APPROVAL OF AMENDED LEASE AGREEMENT
DENOON SCHOOL
WHEREAS, the Common Council approved the Lease of Denoon School
on 5/28/85 from the Muskego/Norway School District for the
period of July 1, 1985 through October 1, 1985, for the use by
understanding that no City funds shall be used for the furnace,
the Senior Citizens and the Nutrition Program, with the
and
WHEREAS, further investigation has resulted in the following:
1. The Department of Aging is willing to enter into an
agreement to pay the City $75.00 monthly for
maintenance of the nutrition site facility.
2. The Superintendent of Schools has agreed to a renewal
period of July 1, 1985 to the date when the Senior
Citizens can move to the City Hall site; and, full
maintenance of the furnace will be the responsibility
of the school district.
3. This extension of the lease would permit the Nutrition
Program and other Senior Citizen programs to continue
in operation without interruption.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego does hereby authorize the Mayor to execute an
amended Lease Agreement which will extend the termination date
of the lease of the Denoon School to the date when the Senior
Citizens can move to the City Hall site and provide that the
maintenance of the furnace shall be the full responsibility of
the School District.
BE IT FURTHER RESOLVED that this amended Lease Agreement is
subject to the approval of the City Attorney.
BE IT FURTHER RESOLVED that the Recreation Supervisor is
authorized to apply for any available funds from the Department
of Aging for support of the nutrition program.
DATED THIS ,c? J DAY OF 1985.
r
ATTEST :
Citv Clerk
LEASE OF DENOON SCHOOL
This Lease is made and entered into on this 28th day of
Nay . , 196 5, by and between the Muskego-Norway .
School Diatrict, hereinafter called Lessor and the City of
Muskego, a municipal corporation. hereinafter called Lesser.
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 o€ the Southwest One-quarter oE
Section 29, Township 5t4, 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 CirCIMIStanCeS it is agreed that there shall be no further
obligations to either party under the terms of this lease.
111. RENTAL
0 Subject to the requirement of the Lessee paying any sums
agreed Upon to covcr 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
~essor.
IV . PAYMENT OF CHARGES -
Leesee aqrees to undertake and become fully responsible
for all maintenance and repairs to the premises durinq 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 term, except for any building alterations
necessitated OK 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 clarsieication 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 2
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. LIAIlII.L'PY FOR DAMAGE
0
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 coveriny .J
risks at the demised premises for an amount oi at least
#5,LQnw - f/mjYB;IL' Dollars
for death or injury to one person and 0
Dollars for death or injuries
to two On more persons in any one accident; and property damage
insurance with limits of #~";oo,-j,O.O - 3"
_~- - " - - _" - Dollars as to each incident. Lessor agrees
..
that if Lessee has in effect a pro ram OE self insurance Eor a11
or any part oP this risk that certlflcation in writing from ~es-
sor to this effect shall be sufficient to comply with the
terms oP this provision.
A! .
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If Lessee has a policy of insurance, it is agreed that
Lessee 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 infitallations 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 substantia;
roof replacement or damage to the building foundation.
It is agreed that Lessee shall maintain its own telephone
system and be solely responslb~le for-the payment lor such-serWi-cc:;
VI I I.. 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
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,
L
assiqnec makes, r16 perrniltcd hcrcin, shall in no wdy relicve
Lessee of its obligations hereunder for the performance o€ all 0
terms, covenants and conditions to be kept and performed by the
Lessee. The right OE subleasing shall be that of the Lessee
only and shall not extend to any sublessee or assignee.
1K. COVENAN'I' OF QUI L'l' ENJOYMENT
Lessor covenants and agrccs with Lcssce that it will at
all times whcn Lessee is not in dc€aulL under this Lease and
during the term of this Lease, grant Lessee's quiet and peaceful
enjoyment of the demised prewises.
X. NO'PICKS AND DEMANDS
3
Any notices or demands required or permitted by law, or
by provision of this Lease, shall be in writing, and if the
sdmc is tO be scrvccl upon Lessor, nay 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 briting 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:
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
presence of: LESSEE City of Muskego
By :
Office Held
~- "
STATE OF WISCONSIN Authorized Representative
j ss WAUKESHA COUNTY )
Personally came before me, this day of
19 -1 the above named , t~ me
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