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CCR2004096. . . COMMON COUNCIL. CITY OF MUSKEGO RESOLUTION #096.2004 APPROVAL OF LEASE AGREEMENT WITH LYLE FICKAU FOR ENGEL.EWALD PROPERTY WHEREAS, The Lease Agreement, as attached, has been reviewed by the Finance Committee and has been recommended for approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Lease Agreement with Lyle Fickau for lease of the Engel-Ewald Property. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED TH IS DAY OF 11th May ,2004. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eric Schroeder Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #096-2004 which was adopted by the Common Council of the City of Muskego. 5/04jmb (b ~/M~~- ~rk-Treasurer . . . LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Lyle Fickau, Lessee. The property, which is the subject of this lease is described as follows, to-wit: Engel-Ewald Farm: Parcel 1 : SEE A IT ACHED LEGAL Tax Key No. MSKC 2238.992; MSKC 2238.993; MSKC2237.997; MSKC 2237. and 2173.991.003 TOTAL AREA TO BE LEASED IS APPROXIMATELY 90.0 ACRES AS OUTLINED ON EXHIBIT A, OF WHICH APPROXIMATELY 47 ACRES ARE TILLABLE AND ACCORDING TO THE FOLLOWING CONDITIONS: Rent shall be $ 55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City (OWNER). RENTAL: The rental of said property shall commence on the 12th day of May, 2004, and end the 31st day of December, 2004. The total tillable acreage shall be determined by the Engineering/Building Inspection Department prior to the annual crop harvest with payment of $55.00 per tillable acre due on or before December 31, 2004. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage must be approved by the Conservation Coordinator prior to application. (2) All erosion control and/or farming methods recommended by the City's Building/Engineering staff 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 $1,000,000 for anyone person killed or injured, $1,000,000 for anyone accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the Engineering/Building Inspection Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. . . . 2 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 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 such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement at least thirty (3D) 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 Conservation Coordinator. 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 expressed written consent of the Mayor. RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee shall notify the Conservation Coordinator to renew the contract. Pursuant to Resolution #096-2004 passed and approved on May 11, 2004 by the Common Council of the City of Muskego, this lease is hereby executed this - day of , 2004. Lyle Fickau, Lessee Mark A. Slocomb, Mayor . . . _. ... PARCEL 1: The East 7.5 acres of the West 1/2 of the ~ortheast 1/4 of the Southwest 1/4; the West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4 of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of Section 20, all in Town 5 North of Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from the North end of the last described lot. Also: -A 2.5 acre piece of land taken from the Northeast 1/4 of said - Southwest 1/4 described as commencing at a point 5 Chains (330 feet) East of the -Southwest corner of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William Welch's Lot; thence North,- along the East line of Welch's Lot, 20 Chains (1320 feet) to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to John Langley's land; thence South, along West line ot Langley's land, 20 Chains (1320 feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to commencement. Also: The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4; the West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Southwest 1/4 of the Northeast 1/4, all- in said Section 20. Tax Key No. MsKC 223B~992 ADDRESS: S92 W19656 HENNEBERRY DRIVE PARCEL 2: That part òf the Southeast 1/4 of the Northwest 1/4 of Section 20,- Town 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, more particularly described as follows, to-wit: - Commencing-at the Northeast corner of the 1/16thsection(or 40), and-thence running West on the 1/16th line, 13 chains -and 15 links to the Northwest corner of Langley's lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence East 13 chains and 75 links to the North and South 1/4 line, dividing said Section; thence North on said 1/4 line, 4 ch~ins and 37 links to the place of beginning. Tax Key No. MSKC 223B.~93 PARCEL 3: The Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5 North, Range 20 East,.in the City of Muskego, County of Waukesha, State of Wisconsin. Tax Key No. MSKC 2237.997 PARc::EL 4: Th~ East 1/2 of the East 1/2 of the Southwest 1/4 of \:he Northeast 1/4 of Section 20 in Town 5, Range 20 East, EXCEPTING-the Sòuthone rod, in -the City of Muskego, County of Waukesha, State of Wisconsin. Tax Key No. MSKC 2237.995 PARCEL 5: The West 1/2 of the Town 5 North, Range Wisconsin. EXCEPTING-a the City of East 1/2 of the Southwest 1/4 of the Northeast 1/4 of section 20, 20 East in the City of Muskego, County of Waukesha, State of strip of land 1 rod wide along the South end of above described tract in Muskego, County-of Waukesha, state,of Wisconsin. Tax Key No. 2237.996 Ir ,f, Exhibit" A" Page -Z J Ii) . . .