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CCR1990122COMMON COUNCIL - CITY OF MUSKEGO AMENDED RESOLUTION #122-90 APPROVAL OF LEASE AGREEMENT BETWEEN KENNETH AND JUDITH GRENZ AND CITY OF MUSKEGO (Idle Isle Park Pavilion) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the attached Lease City of Muskego regarding the Idle Isle Park Pavilion. agreement, as amended, between Kenneth and Judith Grenz and the BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the documents in the name of the City. DATED THIS 8th DAY OF May , 1990. FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders ATTEST: City Clerk 5/90 jz LEASE - This agreement is made between the Parks and Recreation Board, City of Muskego (City) and KENNETH AND JlDITH GRENZ (Lessee). The City hereby agrees to lease to and Kenneth and Judith Grenz agree to lease from City the following described real estate. Portion of park pavilion, as detailed in Exhibit "A", located at W182 S6666 Hardtke Drive, that part of the West half (W 1/2) of Section 4, Township 5 North, Range 20 East, and part of the Southwest Quarter and island 7.5 acres, Volume 1185367, also known as tax key MSKC 2174.959. - TERM: This lease shall commence on the first day of May, 1990 and terminate on September 30, 1990. The rental, therefore, shall be in the sum of $100 per month payable on the first day of each month commencing with the first day of May, 1990. for each May, June, July, August and September during the term of the lease, A security deposit equivalent to one month's rent is due on the 1st day of May, Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150. 1990. All payments shall be made payable to "City of Muskego" and received at PURPOSE: The purpose of this lease is to allow Kenneth and Judith Grenz to use said premises for the operation of a concession stand to provide food and soda to 0 the public patronizing the park. USE OF PREMISES: The use of the park pavilion shall be for the sale of soft drinks, coffee, packaged goods (ice cream, snack foods, candy, chewing gum and cigarettes), pizza, hot dogs and assorted sandwiches. Any additional uses or sale of items must be presented to the Parks and Recreation Board for review and approval. Failure to comply with these uses is subject to termination by the Parks and Recreation Board. MAINTENANCE AND OPERATION: The Lessee shall be solely responsible for maintaining the improvements they make to the rental property in good condition during the term of this agreement The Lessor shall be responsible for maintaining are subject to prior review and approval by the Parks and Recreation Board. The the building as it now exists. Any improvements, additions or install improvements Lessee shall obtain from duly prescribed officials the permits necessary to operate a concession stand and sell foods and beverages. Lessee agrees to keep on hand at all times a sufficient supply of all merchandise to adequately serve the public. Lessee agrees that they will maintain all premises in a manner consistent with, or demanded by, all health departments and pure food examiners, and also that the premises will at all times be kept open for the proper inspection by duly authorized representatives of the City of Muskego or any other agency having jurisdiction thereto. The use of loud or profane language, boisterous or lewd conduct will be strictly prohibited. Idle Isle Concession Stand Lease (Grenz) 2 the permission of the duly authorized official of the City of Muskego. Lessee will agree not to allow any person to live or sleep on the premises without Lessee agrees to comply with all laws and ordinances which are now in effect to govern conduct of a business or concession such as now maintained. Lessee agrees to employ competent persons to be in attendance on premises used by them, and that at no time will there be less than one adult constantly in charge of said premises only during hours of their operation. premises used by them or at a prescribed distance from such facility used by them. Lessee agrees that they will not allow to accumulate rubbish in any form on the Lessee must provide adequate waste receptacles in the building and shall also be responsible for removing waste from their operation from the facility. The City will not provide garbage service for their operation. The Lessee agrees that any equipment or booths needed by them for the operation of Recreation Board and that they will remove any such stands not so approved. their concession program will be placed only on locations approved by the Parks and The hours of operation must coincide with the hours of the local ordinance governing the park hours. Lessee must maintain at least thirty (30) hours per week of operation from May thru September unless inclement weather makes it impossible. Such time will be documented. of $46.10 per month (May 1990 electrical costs will be excluded). The Lessee will UTILITIES: The Lessee shall be responsible for electric costs above the amount not have any use of the telephone for their concession service. If Lessee is desirous of heating the building, such will be done at their expense. An annual payment for these utility charges must be received at the Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150, no later than October 15th of each year. DAMAGES OR DESTRUCTION OF PREMISES: If the premises are destroyed by fire, either party shall cease and come to an end. But in case of any partial damage, flood, casualty, war or any other purpose, then the agreement at the option of portion of the rent for the period the concessionaire was not allowed the use of :he City of Muskego may restore the premises to the previous condition and a just the premises, be refunded or not demanded by the City of Muskego. INSUWCE: The City shall not be liable to the Grenzs, their agents, employees, servants, customers, visitors, guests or to any person who may be damaged or by reason or arising by, through or out of the Grenzs' right to use and improve the injured including, but not by way of limitation, loss of life or damage to property premises as herein provided. The Lessee shall hold harmless and indemnify the City maintain in force at all times during the term hereof, a policy of public liability from any such costs, claims, damages, expenses and liabilities and shall further insurance insuring itself and the City against injury to property, person or loss of life arising out of use and occupancy of the premises with limits of at least from time to time, a certificate of said insurance. That Lessee must only carry $500,000 aggregate and the Lessee shall furnish to the City, as may be requested liability insurance from May 1st through September 30th of 1990. If Lessee shall commence any type of grill or frying operation, they shall carry during the term of the lease insurance insuring the building and anything therein belonging to Lessor against loss or damage by fire and perils covered by the standard policy of 0 0 Idle Isle Concession Stand Lease (Grenz) 3 extended coverage insurance in an amount equal to, at least, 80% of the full replacement value thereof and under such insurance, the City shall be named insured. COVENANTS OF LESSEE: Lessee agrees to and their agents or employees shall at all agrees that they will, at their own expense, cause all damage or injury to the times comply with all rules and regulations adopted by the City of Muskego. Lessee property of the City of Muskego to be repaired if such damage is caused by the Lessee, their agents or employees. COVENANTS OF CITY OF MUSKEGO: The City of Muskego agrees that the Lessee, in consideration of the sums to be paid to the City of Muskego and the full performance by the Lessee of all terms and conditions as agreed, shall have the exclusive privilege and license of conducting the concession as herein defined. ADVERTISING: Lessee agrees that no sign or advertising matter of any kind shall be displayed unless approved by the Parks and Recreation Board and, if necessary, Plan Commission of the City of Muskego. ASSIGNMENT OF SUBLETTING: Lessee shall not, without written consent of the City of Muskego, sublet the premises or any part thereof, nor assign, hypothecate or mortgage the agreement. CITY'S RIGHT TO ENTRY: Those persons representing the City of Muskego reserve enter the premises for the purpose of making repairs to the building for the proper the right, exercisable at any time during the term hereof, or extension thereof, to preservation and maintenance of said premises and lifeguards and park attendants allowed on the premises will be provided by the Lessor to the Lessee and may be for access to the telephone for emergency situations. A list of people to be amended from time to time on reasonable notice. RENEWAL: This lease may be renewed at the expiration of the term hereof at the option of Lessee for the 1991 rental period (May 1, 1991-September 30, 1991) upon the same terms and conditions if the Lessee notifies the City of Muskego in writing of its intention to renew the lease on or before December 31, 1990, except that the rent shall be $250 per month during the 1991 rental period. TERMINATION: The Lessee agrees that at the termination of this lease or any renewal thereof, they will promptly surrender the premises to the City and will have removed therefrom all of its appliances and equipment, placed thereon, and maintained by the Lessee in the operation of said concession operation. Lessee constructed during the term of this lease and shall not do so. Any appliances or shall not be required to remove any walls or other items which it may have of this lease shall be deemed abandoned and shall become property of the City. equipment remaining on the premises 30 days after expiration or other termination Lessee agrees that they will peaceable vacate all premises occupied by them and deliver to the City of Muskego in good condition all premises used by them, ordinary wear and tear, damage by fire and by the elements excepted. DATED THIS DAY OF , 1990. By : KENNETH GRENZ JUDITH GRENZ Idle Isle Concession Stand Lease (Grenz) 4 STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this - day of , 1990 and persons who executed the foregoing instrument. to me known to be the Notary public, Waukesha County My Commission Expires PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and approved the day of , 1990, this lease is hereby executed. By : By : Jean K. Marenda Wayne G. Salentine ~ City Clerk Mayor WAUKESHA COUNTY STATE OF WISCONSIN Personally came before me this - day of and , 1990, the persons who executed the foregoing instrument, on behalf of the City of Muskego. to me known to be Notary public, Waukesha County My Commission Expires P COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION 11122-90 / KENNETH AND JUDITH GRENZ AND CITY OF MUSKEGO APPROVAL OF LEASE AGREEMENT BETWEEN' (Idle Isle Park Pavilion) ,' BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the attached Lease agreement between Kenneth and Judith Grynz and the City of Muskego regarding the Idle Isle Park Pavilion. BE IT FURTHER RESOLVED that the Mayor' and Clerk are authorized to execute the documents in the name of' the City. / DATED THIS DAY OF ,/' , 1990. , / ' FINANCE COMMITTEE /I Ald. Danrel J. Hilt / iild. Edwin P. Dumke .-/ Ald. Harold L. Sanders ATTEST : 5/90 jz LEASE - This agreement is made between the Parks and Recreation Board, City of Muskego (City) and KENNETH AND JUDITH GRENZ (Lessee). The City hereby agrees to lease to and Kenneth and Judith Grenz agree to lease from City the following described real estate. Portion of park pavilion, as detailed in Exhibit "A", West half (W 1/2) of Section 4, Township 5 North, located at W182 56666 Hardtke Drive, that part of the Range 20 East, and part of the Southwest Quarter and island 7.5 acres, Volume 1185367, also known as tax key MSKC 2174.959. TERM: This lease shall commence on the first day of May, 1990 and terminate on September 30, 1990. The rental, therefore, shall be in the sum of $150 per month for each May, June, July, August and September during the term of the lease, payable on the first day of each month commencing with the first day of May, 1990. A security deposit equivalent to one month's rent is due on the 1st day of May, Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150. 1990. All payments shall be made payable to "City of Muskego" and received at PURPOSE: The purpose of this lease is to allow Kenneth and Judith Grenz to use said premises for the operation of a concession stand to provide food and soda to the public patronizing the park. USE OF PREMISES: The use of the park pavilion shall be for the sale of soft drinks, coffee, packaged goods (ice cream, snack foods, candy, chewing gum and cigarettes), pizza, hot dogs and assorted sandwiches. Any additional uses or sale of items must be presented to the Parks and Recreation Board for review and approval. Failure to comply with these uses is subject to termination by the Parks and Recreation Board. MAINTENANCE RND OPERATION: The Lessee shall be solely responsible for maintaining the improvements they make to the rental property in good condition during the term of this agreement. The Lessor shall be responsible for maintaining are subject to prior review and approval by the Parks and Recreation Board. The the building as it now exists. Any improvements, additions or install improvements Lessee shall obtain from duly prescribed officials the permits necessary to operate a concession stand and sell foods and beverages. Lessee agrees to keep on hand at all times a sufficient supply of all merchandise to adequately serve the public. Lessee agrees that they will maintain all premises in a manner consistent with, or demanded by, all health departments and pure food examiners, and also that the premises will at all times be kept open for the proper inspection by duly authorized representatives of the City of Muskego or any other agency having jurisdiction thereto. The use of loud or profane language, boisterous or lewd conduct will be strictly prohibited. Idle Isle Concession Stand Lease (Grenz) 2 Lessee will agree not to allow any person to live or sleep on the premises without the permission of the duly authorized official of the City of Muskego. Lessee agrees to comply with all laws and ordinances which are now in effect to govern conduct of a business or concession such as now maintained. Lessee agrees to employ competent persons to be in attendance on premises used by them, and that at no time will there be less than one adult constantly in charge of said premises only during hours of their operation. Lessee agrees that they will not allow to accumulate rubbish in any form on the premises used by them or at a prescribed distance from such facility used by them. Lessee must provide adequate waste receptacles in the building and shall also be responsible for removing waste from their operation from the facility. The City will not provide garbage service for their operation. The Lessee agrees that any equipment or booths needed by them for the operation of their concession program will be placed only on locations approved by the Parks and Recreation Board and that they will remove any such stands not so approved. The hours of operation must coincide with the hours of the local ordinance governing the park hours. Lessee must maintain at least thirty (30) hours per week of operation from May thru September unless inclement weather makes it impossible. Such time will be documented. UTILITIES: The Lessee shall be responsible for electric costs above the amount of $46.10 per month (May 1990 electrical costs will be excluded). The Lessee will not have any use of the telephone for their concession service. If Lessee is desirous of heating the building, such will be done at their expense. An annual payment for these utility charges must be received at the Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150, no later than October 15th of each year. DAMAGES OR DESTRUCTION OF PREMISES: If the premises are destroyed by fire, flood, casualty, war or any other purpose, then the agreement at the option of either party shall cease and come to an end. But in case of any partial damage, the City of Muskego may restore the premises to the previous condition and a just portion of the rent for the period the concessionaire was not allowed the use of the premises, be refunded or not demanded by the City of Muskego. INSURANCE: The City shall not be liable to the Grenzs, their agents, employees, servants, customers, visitors, guests or to any person who may be damaged or injured including, but not by way of limitation, loss of life or damage to property premises as herein provided. The Lessee shall hold harmless and indemnify the City by reason or arising by, through or out of the Grenzs' right to use and improve the maintain in force at all times during the term hereof, a policy of public liability from any such costs, claims, damages, expenses and liabilities and shall further insurance insuring itself and the City against injury to property, person or loss of life arising out of use and occupancy of the premises with limits of at least $500,000 aggregate and the Lessee shall furnish to the City, as may be requested 0, from time to time, a certificate of said insurance. That Lessee must only carry liability insurance from May 1st through September 30th of 1990. If Lessee shall commence any type of grill or frying operation, they shall carry during the term of the lease insurance insuring the building and anything therein belonging to Lessor against loss or damage by fire and perils covered by the standard policy of 0 . Idle Isle Concession Stand Lease (Grenz) 3 extended coverage insurance in an amount equal to, at least, 80% of the full replacement value thereof and under such insurance, the City shall be named insured. COVENANTS OF LESSEE: Lessee agrees to and their agents or employees shall at all times comply with all rules and regulations adopted by the City of Muskego. Lessee agrees that they will, at their own expense, cause all damage or injury to the property of the City of Muskego to be repaired if such damage is caused by the Lessee, their agents or employees. COVENANTS OF CITY OF MUSKEGO: The City of Muskego agrees that the Lessee, in consideration of the sums to be paid to the City of Muskego and the full performance by the Lessee of all terms and conditions as agreed, shall have the exclusive privilege and license of conducting the concession as herein defined. ADVERTISING: Lessee agrees that no sign or advertising matter of any kind shall be displayed unless approved by the Parks and Recreation Board and, if necessary, Plan Commission of the City of Muskego. ASSIGNMENT OF SUBLETTING: Lessee shall not, without written consent of the City of Muskego, sublet the premises or any part thereof, nor assign, hypothecate or mortgage the agreement. CITY'S RIGHT TO ENTRY: Those persons representing the City of Muskego reserve the right, exercisable at any time during the term hereof, or extension thereof, to enter the premises for the purpose of making repairs to the building for the proper preservation and maintenance of said premises and lifeguards and park attendants allowed on the premises will be provided by the Lessor to the Lessee and may be for access to the telephone for emergency situations. A list of people to be amended from time to time on reasonable notice. RENEWAL: This lease may be renewed at the expiration of the term hereof at the option of Lessee for the 1991 rental period (May 1, 1991-September 30, 1991) upon the same terms and conditions if the Lessee notifies the City of Muskego in writing of its intention to renew the l%se on or before December 31, 1990. TERMINATION: The Lessee agrees that at the termination of this lease or any renewal thereof, they will promptly surrender the premises to the City and will maintained by the Lessee in the operation of said concession operation. Lessee have removed therefrom all of its appliances and equipment, placed thereon, and shall not be required to remove any walls or other items which it may have equipment remaining on the premises 30 days after expiration or other termination constructed during the term of this lease and shall not do so. Any appliances or of this lease shall be deemed abandoned and shall become property of the City. Lessee agrees that they will peaceable vacate all premises occupied by them and ordinary wear and tear, damage by fire and by the elements excepted. deliver to the City of Muskego in good condition all premises used by them, DATED THIS DAY OF , 1990. By : KENNETH GRENZ JUDITH GRENZ . Idle Isle Concession Stand Lease (Grenz) 4 STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this - day of , 1990 and to me known to be the persons who executed the foregoing instrument. Notary Public, Waukesha County My Comnission Expires PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and approved the - day of , 1990, this lease is hereby executed. By : By : Jean K. Marenda Wayne G. Salentine City Clerk Mayor STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this - day of and to me known to be , 1990, the persons who executed the foregoing instrument, on behalf of the City of Muskego. '0 Notary Public, Waukesha County My Commission Expires