CCR1992161a
a
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #161-92
BETWEEN KENNETH AND JUDITH GRENZ AND CITY OF MUSKEGO
APPROVAL OF LEASE AGREEMENT
Idle Isle Park Pavilion
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Parks & Recreation Board and the
Finance Committee, does hereby approve the attached Lease
Agreement between Kenneth & Judith Grenz 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 9TH DAY OF JUNE , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David D. Sanders
This is to certify that this is a true and accurate copy of
Resolution #161-92 which was adopted by the Common Council of
the City of Muskego.
6/92cac
LEASE
This agreement i's 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 S6666 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.
- on September 15, 1992. The rental, therefore, shall be in the sum of $100 per
TERM: This lease shall comence on the fifteenth day of May, 1992 and terminate
month for each June, July, August and $50 per month for May and September during
the term of the lease, payable on the fifteenth day of each month comencing with
the fifteenth day of May, 1992. A security deposit of $100 is due on the fifteenth
day of May, 1992. It is further agreed that the lessee pay the Little Muskego Lake
Association the sum of $250 the weekend of Lakefest in 1992, and pursue with the
Association a mutually benefiting concession sales arrangement for future Lakefest
events. All payments shall be made payable to "City of Muskego" and received at
Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150, except
for the payment to the Little Muskego Lake Association.
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 f&d and soda to
the public patronizing the park.
USE OF PREMISES: The use of the park pavilion shall be for the sale of soft
gum and cigarettes), pizza, hot dogs, assorted submarine sandwiches, hamburgers,
drinks, lemonade, coffee, packaged goods (ice cream, snack foods, candy, chewing
cheeseburgers, and tacos.
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 gwd condition
during the term of this agreement. The Lessor shall be responsible for maintaining
the building as it now exists. Any improvements, additions or install improvements
Lessee shall obtain from duly prescribed officials the permits necessary to operate
are subject to prior review and approval by the Parks and Recreation Board. The
a concession stand and sell foods and beverages.
Lessee agrees to keep on hand at all times a sufficient supply of all merchandise
td adequately serve the public.
demanded by, all health departments and pure food examiners, and also that the
Lessee agrees that they wikl maintain all premises in a manner consistent with, or
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.
Idle Isle Concession stand Lease (Grenz) 2
0 prohibited.
The use of loud or profane language, boisterous or lewd conduct will be strictly
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.
govern conduct of a business or concession such as now maintained.
Lessee agrees to comply with all laws and ordinances which are now in effect to
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 May $16.00, June $32.00, 'July $65.00. August $32.00, September $16.00. 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.
Lakefest, this amount will change to $32.00.
*If Little Huskego Lake Association installs their own electrical service prior to
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,
portion of the rent for the period the concessionaire was not allowed the use of
the 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.
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
by reason or arising by, through or out of the Grenzs' right to use and improve the 0 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
~.
Idle Isle Concession Stand Lease (Grenz) 3
e
*
$500,000 aggregate and the Lessee shall furnish to the City, as may be requested
from time to time, a certificate of said insurance. That Lessee must only carry
liability insurance from May 1st through September 30th of 1992. 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
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 SLIBLETTING: 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
preservation and maintenance of said premises and lifeguards and park attendants
enter the premises for the purpose of making repairs to the building for the proper
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 1993 rental period (May 15, 1993-September 15, 1993) 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, 1992.
TERNINATION: 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
shall not be.required to rembve any walls or other items which it may have
constrvcted during the term of this lease and shall not do so. Any appliances or
equipment remaining on the premises 30 days after expiration or other termination
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,
.
Idle Isle Concession Stand Lease (Grenz) 4
DATED THIS ST,+ DAY OF
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this & day of ,. 1992
KgNpJCT* GRENZ and J I/DI TP G~cw7U to me known to be the
persons who executed the foregoing instrument. L"
Notadd Public, Waukesha County
My Ckission ~ Expires 5- 7-93
PURSUANT TO A RESOLUTION of the Comn Council of the City of Muskego, passed and
approved the - day of , 1992, this lease is hereby executed.
By:
Jean K. Marenda
City Clerk
By :
Wayne G. Salentine
Mayor
WAUKESHA COUNTY
STATE OF WISCONSIN
Personally came before me this - day of
and
, 1992,
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