CCR1996131COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #131-96
BETWEEN THE CITY OF MUSKEGO AND GEORGE KUZMIN
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 ti Recreation Board and the
Finance Committee, does hereby approve the attached Lease
Agreement between the City of Muskego and George S. Kuzmin
regarding a portion of the Idle Isle Park Pavilion.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to execute the documents in the name of the City.
DATED THIS 28th DAY OF MAY , 1996
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
Resolution #131-96 which was adopted by the Common Council of
the City of Muskego.
5/95jrnb
LEASE -
This agreement is made between the Parks and Recreation Board, City of Muskego
(City) and George S. Kuzmin (Lessee).
The City hereby agrees to lease to and George S. Kuzmin 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.
- TERH: This lease shall commence on the fifteenth day of June, 15196 and terminate
on September 15, 1996. The rental cost shall be one ($1.00) doll.ar during the term
of the lease. A security deposit of $100 is due on the fifteent.h (15th) day of
June, 1996. All payments shall be made payable to "City of Muskr!go" and received
at Muskego Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150.
premises for the operation of a concession stand to provide food and soda to the
PURPOSE: The purpose of this lease is to allow George S. Kuzmiri to use said
public patronizing the park.
USE OF PREMISES: The use of the park pavilion shall be for the sale of soft
drinks, lemonade, coffee, packaged goods (ice cream, snack foods, candy, chewing
gum), pizza, hot dogs, assorted submarine sandwiches, hamburgers, 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 useEl is subject to
termination by the Parks and Recreation Board.
MAINTENANCE AND OPERATION: The Lessee shall be solely responsib1.e 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
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
to adequately serve the public.
Lessee agree8 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 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.
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
premises used by them or at a prescribed distance from such facility used by them.
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 (5:OO a.m.-ll:00 p.m.). 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.
All concession sales will be made from inside the building as shown on Exhibit A.
UTILITIES: The Lessee shall be responsible for electric costs above the amount of
June $16.00, July $32.00, 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
30th 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
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 Lessee, their agents, employees,
servants, customere, 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 Le66ee's right to u6e and improve
the premises as herein provided. The Lessee shall hold harmless and indemnify the
City from any such costs, claims, damages, expenses and liabilities and shall
further maintain in force at all times during the term hereof, a policy of public
liability 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
Idle Isle Concession Stand Lease 3
requested from time to time, a certificate of said insurance. That Lessee must
Lessee shall commence any type of grill or frying operation, they shall carry the
Only carry liability insurance from June 15th through September 15th of 1995. If
lease insurance insuring the building and anything therein belonging to Lessor
extended coverage insurance in an amount equal to, at least, 80% of the full
against loss or damage by fire and perils covered by the standard policy of
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 MlsKEw: 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 prlvilege and license of conducting the concession as herein defined.
ADVERTISING: Lessee agrees that no sign or advertising matter of any kind shall be
displayed on the building or grounds at Idle Isle Park 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 Muskeg0 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 1997 rental period (June 15, 1997-September 15, 1997) upon
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, 1996.
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
shall not be required to remove any walls or other items which it may have
constructed 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
Idle Isle Concession Stand Lease 4
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 a DAY OF MAY , 1996.
By: 7. /&A*- ~ /"
STATE OF WISCONSIN
e me this a day. of
orego
and to be the
-. -.
f the Common Council of the City of Muskeso, passed and
approved the - day of , 1996, this lease is hereby executed.
By :
Jean K. Marenda
City Clerk Mayor
By :
David De Angelis
WAUKESHA COUNTY
STATE OF WISCONSIN
Pereonally came before me this __ day of , 1996,
and
persons who executed the foregoing instrument, on behalf of the City of Muskego.
to me known to be the
Notary Public, Waukesha County
My Commission Expires
IDLE ISLE PARK BUILDING
Exhibit A
I
LITTLE MUSKEGO
LAX25 DISTRICT
STORAGE AREA
7
/I/ to be rented