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CCR1997101AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #101-97 APPROVAL OF LEASE AGREEMENT WITH KARL THIESENHUSEN FOR LEASE OF PARK ARTHUR WHEREAS, Karl Thiesenhusen has proposed to lease Park Arthur parkland for the period January 1 to December 31, 1997; and WHEREAS, the Lease Agreement, as attached, has been reviewed by the Parks and Recreation Board and the Finance Committee and both entities have recommended approval NOW, THEREFORE, 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 of the Lease Agreement, as amended, with Karl Thiesenhusen for lease of Park Arthur parkland. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Lease Agreement in the name of the City. BE IT FURTHER RESOLVED that the revenue collected for said lease ($750) will be placed in the Park Dedication Account as required by the DNR. DATED THIS 13th DAY OF MAY , 1997. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of City of Muskego. Resolution #101-97 which was adopted by the Common Council of the 5/91 jmb RESOLUTION #101-97 APPROVAL OF LEASE AGREEMENT WITH KARL THIE FOR LEASE OF PARK ARTHUR WHEREAS, Karl Thiesenhusen ha parkland for the period Janua WHEREAS, the Lease Agreement, the Parks and Recreation Boar entities have recommended approval. NOW, THEREFORE, BE IT RESOLVE City of Muskego, upon the rec of the Parks and Recreation Board and the Fina approve of the Lease Agreemen of Park Arthur parkland. BE IT FURTHER RESOLVED that the Lease Agreement in the name of BE IT FURTHER RESOLVED that t ($750) will be placed in ark Dedication Account as required by the DNR. DATED THIS , 1997. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D'Acquisto Ald. David J. Sanders Ald. Nancy C. Salentine This is to that this is a true and accurate copy of City of Mus Resolution which was adopted by the Common Council of the 5/97 jmb Clerk-Treasurer 0 LEASE Board, Lessor, and Karl Thiesenhusen, Lessee. THIS AGREEMENT is made between the City of Muskego Parks and Recreation follows, to-wit: The property which is the subject of this lease is described as PRRK ARTHUR: Parcel 1: Parcel 2: The Northwest 1/4 of the Northeast 1/4 Section 4, T- 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin October 27, 1982 in Volume 33 of Certified Survey Mapa on EXCEPTING THEREFROM Certified Survey Map No. 4239 recorded pages 248, 249, and 250, as Document No. 1195041. FURTHER EXCEPTING THEREFROM that part conveyed in Quit Claim Deed recorded October 29, 1982 on Reel 513, Image 895, as Document No. 1195365. That part of the East 1/2 of the Northeast 1/4 Section 4, Town 5 North, Range 20 East, in the City of Muskego, County of Waukesha, State of Wisconsin, described as follows: Northeast 1/4 of Section 4 and thence running south on the Beginning at the 1/8 post on the North side of said and West 1/4 line through said Section 4; thence East on 1/8 line 35 chains and 58 links (2414.28 feet) to the East North parallel to said 1/8 line 36 chains and 58 links said 1/4 line 7 chains and 30 links (481.80 feet); thence (24.28 feet) to the North line of said Section 4; thence West on said Section line 7 chains and 30 links (481.80 south 950.00 feet of the above described parcel feet) to the place of beginning. EXCEPTING THEFfEFROH the TOTAL AREA TO BE LEASED IS 46 ACRES AS OUTLINED ON EXHIBIT A, AND ACCORDING TO THE FOLLOWING FOUR SECTIONAL CONDITIONS: Section A: No row cropping allowed. City will provide a grass cover (14 acres) seed that lessee must plant and cut. Section B: Refer to Special Conditions, Item 13. (13 acres) Section C: Row cropping allowed with the exception of 25' grassy (15 acres) waterway as staked out by the Parks Department. Rent will be $50.00 per acre. Park Arthur Lease -i 2 Section D: Only the cutting of the grassland will be allowed. (4 acres) Total Acres = 46 RENTAL: The rental of said property shall be for the term of one (1) year, commencing on the 1st day of January, 1997, and ending the 31st day of December, 1997, with payment due on that date. SPECIAL CONDITIONS: (1) Any chemical usage be approved by the Parks Director prior to application. (2) All erosion control and/or farming methods as recommended by the City's soil erosion inspector be put in place and practiced. (3) The existing trees and woodland areas are to be left as is. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $100,000 for any one person killed or injured, $200,000 for any one accident and $50,000 property damage. A certificate of insurance to this effect must be on file with the Parks and Recreation Department prior to entering said property. have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual with normal farm practices, or to sell his interest in such annual crops harvesting of crops seeded before the termination of the lease in accordance whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the farm, according to contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the Lessee for his claim for such reimbursement at least thirty (30) days before the such labor or expense. The Lessee shall present, in writing to the Lessor, termination of this lease. be planted on the land, acceptable to the Parks and Recreation Board. If If the land is not used for active cropping, a grassy cover crop must the land will be placed in the "set aside program" all N.R.C.S. guidelines must be followed. ASSIGNMENT: This lease shall not be assigned by the Lessee without the express written consent of the Parks & Recreation Board. Park Arthur Lease 3 0 RENEWAL: This lease in not subject to automatic renewal. Pursuant to Resolution I- passed and approved on the Common Council of the City of Huskego, this lease is hereby executed this - day of , 1997. by , G-4 ct/Y- . David L. De Angelis, Mayor