CCR1998074AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #74-98
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND
WATER BUGS SKI TEAM, INC.
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, as amended, between the City of
Muskego and Water Bugs Ski Team, Inc. (or Doug Aird) to allow Water Bugs Ski Team,
Inc. or Doug Aird to use said premises for the operation of a concession stand to
provide food and soda to the public patronizing the park.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
execute the Lease Agreement in the name of the City.
DATED THIS 2ETH DAY OF APRIL , 1998
SPONSORED BY:
FINANCE COMMllTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #74-98 which was
adopted by the Common Council of the City of Muskego.
4l98jmb
This agreement is made between the Parks and Recreation Board, City of Muskego
(City) and Water Bugs Ski Team, Inc. or Doug Aird (Lessee).
The City hereby agrees to lease to and Water Bugs Ski Team, Inc. or Doug Aird 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 1/21 of Section 4, Township 5 North,
Pange 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 cmnce on the twenty-third day of May, 1998 and terminate
on September 15, 1998. The rental cost shall be one ($1.00) dollar during the tern
May, 1998. All payments shall be made payable to "City of Muskego" and received at
of the lease. A security deposit of $100 is due on the fifteenth (15th) day of
Muskego Parks and Recreation Department, P. 0. Box 749, Muskego WI 53150.
PURPOSE: The purpose of this lease is to allow Water Bugs Ski Team, Inc. or Doug
Aird 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, lemonade, and packaged goods (ice cream, snack foods, candy, chewing gum).
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 hprovements 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 hprovements, additions or install hprovements
Lessee shall obtain from duly prescribed officials the pemits 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 mer 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
0 prohibited. ..
Idle Isle Concession Stand Lease 2
0 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
will not provide garbage service for their operation.
responsible for removing waste from their operation from the facility. The City
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:OO p.m.). Lessee must maintain at least ten
to fifteen (10-15) hours per week of operation from May thru August 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.
May $14.00, June $32.00, July $32.00, August $32.00. The Lessee will not have any
UTILITIES: The Lessee shall be responsible for electric costs above the amount of
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
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 Lessee, 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 Lessee's right to use and improve
injured including, but not by way of limitation, loss of life or damage to property
the premises as herein provided. The Lessee shall hold hadess and indamnify 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
or loss of life arising out of use and occupancy of the premises with limits of at
liability insurance insuring itself and the City against injury to property, person
least $1,000,000 aggregate and the Lessee shall furnish to the City, as my be
a
0
Idle Isle Concession Stand Lease 3
0 requested from time to time, a certificate of said insurance. That Lessee must only carry liability insurance from May 15th through September 15th of 1998. If
Lessee shall commence any type of grill or frying operation, they shall carry 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.
COVENAEPTS 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.
COVENAEPTS 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 on the building or grounds at Idle Isle Park unless approved by the Parks
and Recreation Board and, if necessary, Plan Cormnission of the City of Fhskego.
ASSIcs.IMEEpT OF SUBLETTING: Lessee shall not, without written consent of the City of
0 Muskego, sublet the premises or any part thereof, nor assign, hypothecate or
mortgage the agreement.
CITY'S RIGHT TO my: 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
for access to the telephone for emergency situations. A list of people to be
allowed on the premises will be provided by the Lessor to the Lessee and may be
amended from time to time on reasonable notice.
RENElnL9L: This lease may be renewed at the expiration of the term hereof at the
option of Lessee for the 1999 rental period (May 27, 1999-August 26, 1999) upn
its intention to renew the lease on or before December 31, 1998.
same tern and conditions if the Lessee notifies the City of Muskego in writing of
TERMINATION: The Lessee agrees that at the termination of this lease or any
renewal thereof, they will prcnnptly 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 equipnt, placed thereon, and
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 item which it may have
equipent 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
0 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 , 1998. -
By:
STATE OF WISCONSIN ClIAUKEsHA corny
Personally came before me this ~ day of , 1998
and to me known to be the
persons who executed the foregoing instnnnent.
Notary Public, Waukesha County
My Canmission Expires
puRsuAE.pT TO A RESOLUTION of the Cmn Council of the City of Muskego, passed and
approved the ~ day of , 1998, this lease is hereby executed.
By: By:
Jean K. Marenda David De Angelis
Clerk-Treasurer Mayor
STATE OF WISCONSIN WAUEsHA corny
Personally came before me this ~ day of , 1998,
and to me known to be the
persons who executed the foregoing instrument, on behalf of the City of Muskego.
Notary Public, Waukesha County
My Conmission Expires
' ,J
0 /// to be rented
IDLE ISLE PARK BUILDING
Exhibit A