CCR1985229RESOLUTION 11229-85
AMENDED
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND THE MUSKEGO HISTORICAL SOCIETY, INC.
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee and the Parks
and Recreation Board, does hereby approve the Lease Agreement
Between the City of Muskego and the Muskego Historical Society,
Inc., as amended, attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the attached Lease Agreement in the name of the
city.
DATED THIS Ahla, DAY OF &fmA& , 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
Ald. 742&?.dPZz&JL Ralph Tomczyk
ATTEST:
City Clerk
9/85
jm
LEASE AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND THE MUSKEG0 HISTORICAL SOCIETY, INC.
(As Amended)
This Agreement is made this - day of , 1985
by and between the City of Muskego, a municipal corporation,
hereinafter called the "City", and the Muskego Historical
Society, Inc., a non-stock, non-profit corporation, in accord
with Wisconsin Statute 44.03(1), hereinafter called "Lessee".
Whereas, the Lessee is desirous of renting the certain
buildings and premises, appurtenances thereto, known as the Old
Town Hall of the City of Muskego, having the post office address
of W180 S7732 Pioneer Drive, Muskego, Wisconsin and the Old
Muskego Settlement Centre and having the post office address of
W183 S8100 Racine Avenue, Muskego, Wisconsin, for the purpose of
using same as sites for the Muskego Historical Society. 0
It is hereby agreed between the parties as follows:
The City does hereby lease to the Lessee and the Lessee does
hereby lease from the City, the following described real estate:
Old Town Hall
Pt SE 1/4 Sec 9 T5N R20E Lot 36-40 Blk 2 Unrec.
Dreikosen's Vol. 647 of Deeds, P. 285
Old Muskego Settlement Centre
Pt of NW 114 Sec 16, T5N R20E Com NE Cor of NE 1/4 S
1323.35 ft. & W270 ft the W line of Pioneer Dr (the bgn)
thn cont W 1076.23 ft. thn N 33' E 202.17 Ft. thn W to
E R-0-W Racine Ave thn SEly along Racine Ave R-0-W 600
Ft. thn E 1060 Ft. thn NEly along Pioneer Dr to pnt of
bgn excluding the portion as marked on "Exhibit A",
attached.
including buildings and appurtenances thereto.
.m In consideration of the payment of one ($1.00) dollar per
year by the Lessee to the City as rent for the premises, the
parties hereto do agree as follows:
a Historical Society Lease Agreement Page 2
1. The City hereby leases to the Lessee, and the Lessee
hereby leases from the City, the Old Town Hall property and Old
Muskego Settlement Centre.
2. The basic term of this lease shall be for one five-year
period from the date hereof, at a rental of one ($1.00) dollar
per year; which lease can be terminated by the parties at any
time pursuant to paragraph 18. It is contemplated by the parties
that there may be extensions to this lease.
3. The City shall pay for any expenses for well maintenance
and well repair.
4. Lessee shall make all necessary incidental repairs to
a the interior of the demised premises, and maintain the interior
in good condition. Lessee shall make all exterior repairs,
including repairs of the roof, and walkways, as well as repairs
as required because of water entering the premises from the roof
or other parts of the building or from other causes not under the
control of the Lessee, with the exception of the paved parking
lot which the City agrees to maintain. Lessee shall maintain the
exterior of the buildings and adjacent areas in good condition.
5. Lessee agrees to assume and fulfill at its expense, all
development, improvements and maintenance of the Old Town Hall
building and undeveloped improvements and maintenance of the Old
Muskego Settlement Centre buildings, walkways, roads, parking
lot, trees, shrubbery, flowers and signs.
0 6. The City agrees to maintain major grass areas and
parking areas of the sites and to plow snow from the roads and
Historical Society Lease Agreement
the parking lot on a non-priority basis. The City also agrees to
maintain and keep clear the access road and parking lot at Old
Town Hall. If extra services are requested by the Lessee, an
hourly rate and/or materials charge will be assessed to Lessee
and paid to the City.
0
Page 3
7. The City, shall, at its expense, at all times during the
term of this lease, maintain in force a policy or policies of
insurance, which will insure the City against liability for
injury to or death of persons or loss of damage to property
occurring in or about the demised premises. Such insurance shall
not be less than $500,000 combined single limit for bodily injury
or property damage. The City shall provide all risk insurance
for physical damage for the buildings. The City shall be held
harmless for any loss or damage to the contents of the
buildings. In the event that part of all of the buildings named
herein are damaged or destroyed by fire, water, wind, vandalism
or any act of God, the City agrees that the insurance proceeds
shall be used for the reconstruction, replacement or repair of
the damaged property.
8. The Lessee will not use or keep in or about the premises
any article which would in any way affect the validity of the
City's fire insurance policy.
9. Lessee has examined and knows the condition of the
premises and receives the same on an "as is" basis.
10. Lessee will conform to rules and regulations of all
0 governmental authorities as defined under City ordinances.
Historical Society Lease Agreement Page 4
11. Any changes desired by Lessee in the site/structural
plans for Old Town Hall or Old Muskego Settlement Centre, must
have the prior approval of the Parks and Recreation Board and
Plan Commission of the City of Muskego. Such altera-
tions/additions shall become part of the premises, and shall not
therefore be removed without the consent of the City.
12. The City shall not be liable for any damage for failure
to keep premises in repair, nor damage caused by or from
plumbing, water or roof leaks, with the exception of damage
caused by or as a result of water usage from the adjacent Parks
garage.
13. Lessee shall furnish the City with a brief written
report by September 1 of each year concerning the renovations,
restoration, and maintenance of the Old Town Hall and Old Muskego
Settlement Centre.
14. Lessee shall provide the City keys to the Old Town Hall
and Old Muskego Settlement Centre buildings at the time the lease
is signed. The necessary keys shall be made available to the
Parks Supervisor for access to the Old Town Hall for the purpose
of maintenance of the well and any related work.
15. The City will establish a trust fund in which any money
received from Ingersoll, pursuant to an agreement with Ingersoll
Cable Corporation dated March 12, 1985, will be placed. That
money placed in said trust fund will be used for Muskego
Historical Society requested expenditures which have been
reviewed by the Parks and Recreation Board and approved by the
Common Council of the City of Muskego for Old Muskego Settlement
Centre purposes only.
Historical Society Lease Agreement Page 5
0
16. Lessee shall not assign this lease without first
obtaining the written consent of the City of Muskego.
17. If the rented premises shall be deserted or become
vacant during the term of this lease or any renewal thereof or if
default is made in the payment of rent or any breach in the
performance of any of the convenants herein contained, or a
violation of any of the terms and conditions hereof, the City or
its representatives may terminate this lease upon 30 days' notice
and may re-enter the premises without liability to the Lessee or
any of its assigns or sub-lessees. City shall be entitled,
nevertheless, to hold the Lessee liable for any charges due and
to become due to the City by virtue of this Lease.
18. Either party may terminate this lease upon 120 days'
0
written notice to the other party.
19. If the lessee shall be come inactive or defunct,
Wisconsin Statute 44.03(3) (and amendments thereto or Successor
Statutes) shall apply to the title to the property of said
Lessee.
20. The Muskego Historical Society agrees that all records
of the Society shall be made available to the City of Muskego for
inspection at any time during this lease period upon five (5)
days' notice.
21. The City recognizes that the artifacts at the Old Town
Hall and Old Settlement Centre became a reality because of the
efforts and funds of the Muskego Historical Society and its
members and perpetually agrees that the artifacts shall not be
B sold or otherwise altered in any way without first obtaining the
Historical Society Lease Agreement Page 6
a approval of the Muskego Historical Society. Further, the Muskego
Historical Society agrees not to sell or otherwise alter the
artifacts without the City's approval.
CITY OF MUSKEGO MUSKEGO HISTORICAL SOCIETY, INC
Mayor President
City Clerk Secretary
9/85
MCC : MLease-His
APPROVa \ OF LEAS
RESOLUTION ~m-85
\AND THE MUSKEGO HISTORICAL SOCIEl \
E AGREEMENT BETWEEN THE 0 CITY OF MUSKEG
ry, INC.
BE IT RESOLVED ;hat the Common Council of the City of Muskego,
upon the recommedd,ation of the Finance Committee and the Parks
and Recreation Boaqd, does hereby approve the Lease Agreement
Between the City of\Muskego and the Muskego Historical Society,
Inc. as attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the attached \ Lease Agreement in the name of the
city.
DATED THIS DAY OF \ 9 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Y Id. Mitchel Penovich
ATTEST :
City Clerk
9/85
jm
LkASE AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND THE MUSKEG0 HISTORICAL SOCIETY, INC.
This Agreement is made this day of \\
\ , 1985
by and between the City of Muskego, a municipal corporation,
hereinafter called the "City", and the Huskego Historical
Society, Inc., a non-stock, non-profit corporation, in accord
with Wisconsin Statute 44.03(1), hereinafter called '!Lessee''.
\
\
\ Whereas, the Lessee is desirous of renting the certain
buildings and premises, appurtenances thereto, known as the Old
Town Hall.of the City of Muskego, having the post office address
of W180 57732 Pioneer Drive, Muskego, Wisconsin and the Old
Muskego Settlement Centre and having the post office address of
W183 S8100 Racine Avenue, Muskego, Wisconsin, for the purpose of
using same as sites for the Muskego Historical Society.
,\
\
0
\
It is hereby agreed between the parties as follows:
The City does hereby lease to the Lessee and the Lessee does
\
\
'\
hereby lease from the City, the following described real estate:
Pt SE 114 Sec 9 T5N R20E Lot / 36740 Blk 2 Unrec.
Dreikosen's Vol. 647 of Deeds, PI 285
\
Old Town Hall
Old Muskego Settlement Centre \ Pt of NW 114 Sec 16, T5N R20E Corn NE Cor of NE 114 S
1323.35 ft. & W270 ft the W line of Pioneer Dr (the bgn)
thn cont W 1076.23 ft. thn N 33' E 20q.17 Ft. thn W to
E R-0-W Racine Ave thn SEly along RacPVe Ave R-0-W 600
Ft. thn E 1060 Ft. thn NEly along Pioneer Dr to pnt of
bgn excluding the portion as marked on "Exhibit A",
attached.
including buildings and appurtenances thereto. ?\ In consideration of the payment of one ($1.00) dollar per \ year by the Lessee to the Cit as rent for the premises, the parties hereto do agree as fo T lows: \
/
I
I
Historical Society Lease Agreement / Page 2
1. The City hereby leases to the Lessee, and the Lessee / hereby leases from the City, the Old Town Hall property and Old
Muskego Settlement Centre.
2. The basic term of this lease shall be for one ffve-year / period from the date hereof, at a rental of one ($1.00) dollar
per year; which lease can be terminated by the parties at any
time pursuant to paragraph IS/ It is. contemplated by the parties
that there may be extensions to this lease.
/
/
3.
and well
4.
/ The City shall pay for any expenses for well maintenance
repair.
Lessee shall make all necessary incidental repairs to
/
/
the interior of the de/mised premises, and maintain the interior
in good condition. Lessee shall make all exterior repairs,
including repairs of the roof, and walkways, as well as repairs
as required because of water entering the premises from the roof
or other parts of: the building or from other causes not under the
control of the Lessee, with the exception of the paved parking
lot which the C.ity agrees to maintain. Lessee shall maintain the
exterior of the buildings and adjacent areas in good condition.
i
I 0'
I
I
/
I
I
I'
I 5. Lesslee agrees ta assume and fulfill at its expense, all
development, improvemente and maintenance o€ the Old Town Hall
building and undeveloped improvements and maintenance of the Old
Muskego Settlement Centre buildings, walkways, roads, parking
lot, treee, shrubbery, flowere and signa.
i
6. The City agreea to maintain major grass areas and
parking areas of the sitea and to plw snow from the roads and /
Historical Society Lease Agreement Page 3
the parking lot on \ a non-priority basis. The City also agrees to
maintain and keep clear the access road and parking lot at Old
Town Hall. If extra \ services are requested by the Lessee, an
hourly rate and/or materials charge will be assessed to Lessee
and paid to the City.
\
7. The City, shall, at its expense, at all times during the \ term of this lease, maintah in force a policy or policies of
insurance, which will insure the City. against liability for
injury to or death of persons or loss of damage to property
occurring in or about the demised \ premises. Such insurance shall
not be less than $500,000 combined single limit for bodily injury
or property damage. The City shall \ provide all risk insurance
for physical damage for the buildin B ,s The City shall be held
harmless for any loss or damage to the contents of the
buildings. In the event that part of \ all of the buildings named
herein are damaged or destroyed by fire, water, wind, vandalism
or any act of God, the City agrees that the insurance proceeds
shall be used for the reconstruction, replacement or repair of
the damaged property. \
\
i
\
\
8. The Lessee will not use or keep in or about the premises \ \ \
any article which would in any way affect the validity of the
City's fire insurance policy.
9. Lessee has examined and knows the condition of the
premises and receives the same on an "as is" basis.
10. Lessee will conform to rules and regulations of all \ governmental authorities as defined under City ordinances.
Historical Society Lease Agreement Page 4
11. Any changes desired by Lessee in the site/structural
plans for Old Town Hall or Old Muskego Settlement Centre, must
have the prior approval of the Parks and Recreat€on Board and
Plan Commission of the City of Muskego. Such altera-
tions/addit€ons shall become part of the premises, and shall not
therefore be removed without the consent of the City.
12. The City shall not be liable for any damage for failure
to keep premises in repair, nor damage caused by or from
plumbing, water or roof leaks, with the exception of damage
caused by or as a result of water usage from the adjacent Parks
garage.
13. Lessee shall furnish the C€ty with a brief written
report by September 1 of each year concerning the renovations,
restoration, and maintenance of the Old Town Hall and Old Muskego
Settlement Centre.
14. Lessee shall provide the C€ty keys to the Old Town Hall
and Old Muskego Settlement Centre buildings at the time the lease
is signed. The necessary keys shall be made available to the
Parks Supervisor for access to the Old Town Hall for the purpose
of maintenance of the well and any related work.
15. The City will establhh a trust fund in which any money
received from Ingersoll, pursuant to an agreement with Ingersoll
Cable Corporat€on dated March 12, 1985, will be placed. That
money placed in said trust fund ~€11 be used for Muskego
Historical Society requested expendLtures which have been
rev€ewed by the Parks and Recreation Board and approved by the
Common CouncLl of the City of Muskego for Old Muskego Settlement
Centre purposes only.
Historical Society Lease Agreement a Page 5
16. Lessee shall not assign this lease without first
obtaining the written consent of the City of Muskego.
17. If the rented premises shall be deserted or become
vacant during the term of this lease or any renewal thereof or if
default is made in the payment of rent or any breach in the
performance of any of the convenants herein contained, or a
violation of any of the terms and conditions hereof, the City or
its representatives may terminate this lease upon 30 days' notice
and may re-enter the premises without liability to the Lessee or
any of its assigns or sub-lessees. City shall be entitled,
nevertheless, to hold the Lessee liable for any charges due and
to become due to the City by virtue of this Lease.
18. Either party may terminate this lease upon 120 days'
written notice to the other party.
19. If the lessee shall be come inactive or defunct,
Wisconsin Statute 44.03(3) (and amendments thereto or Successor
Statutes) shall apply to the title to the property of said
Lessee.
20. The Muskego Historical Society agrees that all records
of the Society shall be made available to the City of Muskego for
inspection at any the during this lease period upon five (5)
days' notice.
CITY OF MUSKEGO MUSKEG0 HISTORICAL SOCIETY, INC
Mavor President - 0 City Clerk Secretary