Loading...
CCR1999096COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #96-99 APPROVAL OF LEASE AGREEMENT WITH KARL THIESENHUSEN FOR LEASE OF PARK ARTHUR WHEREAS, Karl Thiesenhusen leased Park Arthur park land in 1998 and wishes to lease the same property in 1999; 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 with Karl Thiesenhusen for lease of Park Arthur park land. 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 in the amount of $750 will be placed in the Park Dedication Account as required by the DNR. DATED THIS 25th DAY OF MAY , 1999. SPONSORED BY: FINANCE COMMITTEE Ald. David Sanders Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #96-99 which was adopted by the Common Council of the City of Muskego. 5I99jmb LEASE THIS AGREEMENT is made between the City of Muskego Parks and Fiecreation Board, Lessor, and Karl Thiesenhusen, Lessee. The property which is the subject of this lease is described as follows. to-wit: PARK ARTHUR: -1: The Northwest 1/4 of the Northeast 1/4 Section 4, Town 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin EXCEPTING THEREFROM Certified Survey Map No. 423'1 recorded October 27, 1082 in Volume 33 of Certified Survey Maps on pages 248.24'1: and 25il.a~ Document No. 1195041, FURTHER EXCEPTING THEREFROM that part conveyed in Quit Claim Deed recorded October 29, 1982 on Reel 513, Image 8'15, as Document No. 1105365. m: That part of the East 112 of the Northeast 114 Section 4. Town 5 North, Ranae 20 Ezst, in the City of Muskego, County of Waukesha, State of Wisconsin, described as follows: Beginning at the 118 post on the North side of said Northezst 114 of Section 4 and thence running south on the 118 line 35 chains and 58 links (2414.28 feet) to the East and West 114 line through said Section 4; thence East on said 114 line 7 chains and 30 links (481.80 feet); thence North parallel to said 118 line 36 chains and 58 links(24.28 feet) to the North line of said Section 4; thence West on said Section line 7 chains and 30 links (481.80 feet) to the place of beginning. EXCEPTING THEREFROM the South 950.00 feet of the above described parcel 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 seed that lessee must piat (14 acres) and cut. Section 8: Refer to Special Conditions, Item #3 (1 3 acres) Section C: Row cropping allowed with the exception of 25' grassy waterway as staked out by (15 acres) the Parks & Recreation Department. Rent will be $50.00 per acre. e Section D: Only the cutting of the grassland will be allowed (4 acres) Total Acres = 46 Park Arthur Lease 2 0 RENTAL. The rental of said property shall be for the term of one (1) year, commencing on the 1st day of January 1% and ending the 31st day of December, 1999, with payment due on that date. SPECIAL CONDITIONS: (1) Any chemical usage be approved by the Parks 8 Recreation Director prior to application. (2) All erosion control andlor farming methods 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 leasa, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability fcr injury to or death of persons or loss or damq to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and S1.000.000 property damzge. A certificate of insurance to this effect must be on file with the Parks and Recreation Department prior to entering said property RlGiiTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of a entry at any reasonable time to inspect their property andlor the farming methods being used. 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 harvesting of crops seeded before the termination of the lease in accordance with normal farm practices, or to sell his interest in such annual crops whe!her to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal fie!d 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 such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement at least thirly (30) days before the termination of this lease. If the land is not used for active cropping, a grassy cover crop must be planted on the land. acceptable to the Parks and Recreation Board. If 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 wriiten consent of the Parks & Recreation Board. RENEWAL. This lease is not subject to automatic renewal Park Arthur Lsm 3 0 Pursuant to Resolution #-passed and approved on by the Common Council of the City of Muskego, this lease is hereby executed this -day of , 1999. ic q'd 7A,U& ! Lessee Jerald Hulbert, President Parks & Recreation Board David L. De Angelis, Mayor 13 ACORD" INSURANCE BINDER DATE THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM 05/14/1999 PROOUCEn ~,.~.etr:1414,.173.39J0 N COMPANY BINDER U BINNING & DICKENS INSURANCE.DUANE 20 ' ENTERST P# 179 WH WATER, WI 53190-0179 ~ Moraine Mutual INuranccCo D DATE OATE TIME ~ 05/14/1999 1201 !x " ' 06/14/1999 - , PM X 12:DIAl NOON - ~~ CODE 225 SUBCODE THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE N*MED COMPANY PER EXPIRING POLlCI L ___ ~~ER1O: ~~~IMI~OX INSURED DESCRlPnDN OFOPE~~ON~YE~~CLEYPROPERTY(I~~~~~~~L~~~B~~) Karl W & Julianc Thierenhuren 17780 W Small Rd New Berlin. WI 53146 :RSONAL PROPERTY 100 100 37.500 I BASIC - FhRMOWVULS BROAD - SPEC FARM PERSONAL PROPERTY BARNS, BUILDINGS, STRUCTURES 163.450 35.988 GENERAL UAWUTY - PERSONAL LIABILITY s 1,000,000 COMMERCULGENERAEILIN WITIU FARM EACHOCCURRENCE FIRE DWGE (My ma Am) s i CUIMS MAOE X OCCUR ADDITIONAL FARM LOCATIONS ME0 UP (hy one par-) I - - X FARMOURIERSLIAE FARM EMPLOYERS LlAB - ~ PERSONAL 6 MV INJURY S 2,500 i RETRO OATE FOR CMIMS MADE. !OENEW\LI\GGREGIITE I AUTOMOBILE LIABIUN ~ PRODUCTS- CDMPlOP AGG I COMBINED SINGLE LIMIT I ". ANY AUTO ALL OWED AUTOS - ~ BODILY INJURY (Pel penon) s " ! BODILY INJURY (Per aaubnll S ! PROPERN OMAGE s I MEDICAL PAYMENTS I NONOWEDAUTOS - 1 PERSONAL INJURY PROT S ~~ ~- - i UNINSURED MOTORIST S I 1 ACNAL CASU VUUE I AUTO PWSICAL DAMAGE COLLISION. - STATED *MOUNT t OTHER TW COL: ALLVEHICLES ! SCHEDULED VEHICLES s - - GARAGE ULglUlY i OTHER - 1 AUTO ONLY. EA ACCIDENT I WY AUTO - i OTHERTHlUlAUTOONLY ~ EACH ACCIDENT S EXCESJ UBlUTl I AGGREGATE S EKHOCCURRENCE s AGGREGATE I i SELF-INSURED REIENTION I - UMBRELU FORM OTHER TW UMBRELU FORM RETRO OATE FOR Cu" MADE - WORKERS COMPENSATION EMPLOVER'S LIABIUTY AND VC STANTORY LIMITS ~~ .. . ~... . EL. EACH ACCIDENT s ' EL DISEASE .EAEMPLOYEE I ~ .. ~ .. "" E.L. DISEASE .POLICY LIMIT S ~ FEES I i TAXES s i ESTIhtATED TOTAL PREMIUM I SPECIAL FARMING CONDlllONY OTHER COVERAGES - NAME h ADDRESS ~ MORTGAGEE ADDITIONAL INSURED - - LOSS PAYEE LOW a "" ~~~ ~~~ "" ~ - a ,/- - ACORD 754 (1/98) A/L NOTE IMPORTANTSTATE INFORMATION ON REVERSE SIDE 8 ACORD CORPORATION 1993 CONDITIONS This Company binds the kind($ of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice lo the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California of the form is changed from "Insurance BindeT to "Cover Note" When this form is used to provide insurance in the amount of one million dollan ($1,000,000) or more, the title Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower: the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 21 19 Applicable in Florida Except for Auto Insurance coverage. no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000.000.00 when proof is required: (A) Shall be fined not more than $500.00, and (0) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom.