Loading...
CCR1985272RESOLUTION 11272-85 APPROVAL OF AMENDED LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE MUSKEGO HISTORICAL SOCIETY, INC. WHEREAS, the City approved a Lease Agreement with the Muskego Historical Society in Resolution #229-85, and WHEREAS, the Historical Society has requested elimination of the reference to termination of the Lease, and WHEREAS, the City Attorney has recommended that the paragraph P, perpetually" and replace it with "during the term of this ertaining to the artifacts be amended to remove the word lease". NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Amended 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 0 city. DATED THIS aA DAY OF mma Ell 9 1985. FINANCE COMMITTEE Ald. Edwin P. Dude Ald. $itchel Penovich ;;/cduY* Ald. Rarph Tomczyk ATTEST : City Clerk 10185 jm AMENDED LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE MUSKEGO HISTORICAL SOCIETY, INC. This Agreement is made this - day of Y 198s 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. 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 114 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 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 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. 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: 0 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. 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 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. 0 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. 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 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, 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. It 0 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 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 0 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. 0 Historical Society Lease Agreement 16. Lessee shall not assign t :his Page 5 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. 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. 19. 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. 20. 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 during the term of this lease agrees that the artifacts shall not be sold or otherwise altered in any way without first obtaining the .. IC Historical Society Lease Agreement Page 6 0 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 10185 MCC : MLease-His