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CCR2003076. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #076-2003 APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO AND WATER BUGS SKI TEAM, INC. (Idle Isle Park Building) 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 between the City of Muskego and Water Bugs Ski Team, Inc. (or Shelly Wohler) to allow Water Bugs Ski Team, Inc. or Shelly Wohler 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 8th DAY OF April ,2003. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Patrick Patterson This is to certify that this is a true and accurate copy of Resolution #076-2003 which was adopted by the Common Council of the City of Muskego. ;~ 4/03jmb . . . LEASE This agreement is made between the Parks and Recreation Board, City of Muske go (City) and Water Bugs Ski Team, Inc. or Shelly Wohler (Lessee). The City hereby agrees to lease to and Water Bugs Ski Team, Inc. or Shelly Wohler agree to lease from City the following described real estate. Portion of park pavilion, as detailed in Exhibit "A", located at Wl82 S6666 Hardtke Drive, that part of the West half(W 1/2) of Section 4, Township 5 North, Range 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 commence on May 28, 2003 and terminate on August 27, 2003. The rental cost shall be one ($1.00) dollar during the term of the lease. A security deposit of$IOO is due on the fifteenth (15th) day of May, 2003. All payments shall be made payable to "City of Muskego" and received at Muskego Parks and Recreation Department, P. O. Box 749, Muskego WI 53150. PURPOSE: The purpose ofthis lease is to allow Water Bugs Ski Team, Inc. or Shelly Wohler 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 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 are subject to prior review and approval by the Parks and Recreation Board. The Lessee shall obtain from duly prescribed officials the permits 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, including but not limited to a first-aid kit which is always kept full of first-aid supplies. Lessee agrees 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 . . . Idle Isle Concession Stand 2 kept open for the proper inspection by duly authorized representatives of the City of Muske go or any other agency having jurisdiction thereto. The use of loud or profane language, boisterous or lewd conduct will be strictly prohibited. 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 Muske go. Lessee agrees to comply with all laws and ordinances that 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 rubbish to accumulate in any form on the premises used by them or at a prescribed distance ITom such facility used by them. Lessee must provide adequate waste receptacles in the building and shall also be responsible for removing waste ITom their operation ITom 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 (5:00 a.m.-l 0:00 p.m.). Lessee must maintain at least ten to fifteen (10-15) hours per week of operation ITom June thru August unless inclement weather makes it impossible. Such time will be documented. All concession sales will be made ITom inside the building as shown on Exhibit A. UTILITIES: The Lessee shall be responsible for building electric costs above the amount of June $50.00, July $50.00, August $50.00. 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. O. Box 749, Muskego WI 53150, no later than October 30th of each year. 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, 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 Muske go. . . . Idle Isle Concession Stand 3 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 injured including, but not by way of limitation, loss oflife or damage to property by reason or arising by, through or out of the Lessee's right to use and improve the premises as herein provided. The Lessee shall hold harmless and indemnifY the City ITom 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 oflife arising out of use and occupancy of the premises with limits of at least $1,000,000 aggregate and the Lessee shall furnish to the City, as may be requested ITom time to time, a certificate of said insurance. That Lessee must only carry liability insurance ITom May 1 Sth through September 1 Sth of 2002. If Lessee shall commence any type of grill or fi:ying 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. 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 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 Muske go 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 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 ITom 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 2004 rental period (May 27, 2004-August 26, 2004) upon same terms and . . . Idle Isle Concession Stand 4 conditions if the Lessee notifies the City of Muskego in writing of its intention to renew the lease on or before December 31, 2003. 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 that 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 peaceably vacate all premises occupied by them and 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 ,2003. By: STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this - day of , 2003 and to me known to be the persons who executed the foregoing instrument. Notary Public, Waukesha County My Commission Expires PURSUANT TO A RESOLUTION of the Common Council ofthe City of Muske go, passed and approved the - day of , 2003, this lease is hereby executed. By: By: Jean K. Marenda Clerk-Treasurer Mark A. Slocomb Mayor . . . Idle Isle Concession Stand STATE OF WISCONSIN W AUKESHA COUNTY 5 Personally came before me this - day of , 2003, 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 Commission Expires . , . , - . . . . . L!TTLE MUSKEGü LAKE . ~SOCIATION STORAGE AREA. III to be' rented IDLE ISLE,PARK BUILDÌNG Exhibit A ' RESTROO , " .