CCR2005007.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #007-2005
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 and Conservation
Commission, does hereby approve the Lease Agreement with Lyle Fickau for lease of
the Engel-Ewald Property for 2005.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
Agreement in the name of the City.
DATED THIS 11th DAY OF Januarv ,2005.
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 #007-2005 which
was adopted by the Common Council of the City of Muskego.
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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 Conservation Land:
Parcel 1 : SEE ATTACH ED LEGAL DESCRI PTION
Tax Key No. MSKC 2238.992; MSKC 2238.993; MSKC2237.997; MSKC 2237.995 and
MSKC 2237.996
TOTAL AREA TO BE LEASED IS APPROXIMATELY 40 ACRES (SEE ATTACHMENT A). THE
FOLLOWING CONDITIONS APPLY:
Area 1 (upland fields on south and west side of property - approximately 13 total acres):
Rent will be $55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City
(OWNER).
Area 2 (wetland fields on north side of property - up to 30 tillable acres):
Rent will be $55.00 per harvestable acre with renewal on a yearly basis, at the discretion of the City
(OWNER).
RENTAL: The rental of said property shall be for the term one year, commencing on the_day
of ,2005, and ending the 31st day of December, 2005. The total harvestable acreage shall be
determined by the Engineering/Building Inspection Department prior to the annual crop harvest with
payment of $55.00 per tillable acre in said Area 1 and $55.00 per harvestable acre in Area 2 due on or
before December 31,2005. 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, woodland areas and fields planted as prairie 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 EngineeringlBuilding
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.
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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 (30) days
before the termination of this lease.
ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written
consent of the City.
RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee
shall notify the Conservation Coordinator to renew contract.
Pursuant to Resolution #.QQl-200- passed and approved on / - 1/- O~-
Council of the City of Muskego, this lease is hereby executed this
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day of
by the Common
,200_.
Lyle Fickau, Lessee
City of Muskego
Mark A. Slocomb, Mayor
. Legal Description
City of Muskego Conservation Land
Former Ewald Engel Property
All that part of the Northeast ~ and the Northwest ~ and the Southwest ~ and the
Southeast ~ of Section 20, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin. Bounded and described as follows:
The East fifty acres of the South Y2 of the Northwest ~ excepting six acres as described in
Volume 167, Page 210, at the Register of Deeds Office, Waukesha County, Wisconsin;
The Southwest ~ of the Northeast ~ excepting that portion oflands with Tax key number
2237-994; The West Y2 of the Northwest ~ of the Southeast ~; The East thirty acres of
the Northeast Y2 of the Southwest ~ and described exceptions.
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A1tachment A: Leased Agricultural Lands at Engel Conservation Area
~ Area 1 : Leased Upland Agricultural Fields
Approximately 13 total acres
~ Area 2: Leased Wetland Agricultural Area Property Boundary
Î
N
~.. ~. Upland Prairie Restoration
. ~ Planted Fall of 2004