CCR2006120COMMON COUNCIL - CITY OIF MUSKEGO
RESOLUTION #120-~~006
. APPROVAL OF REVISED LEASE AGREEMENT WITH
EDDIE SCIHAEFER FOR PA.RK ARTHUR (SOUTH SECTION)
WHEREAS, A Lease AI;)reement with Eddie Schaefer for Park Arthur was approved by
the Common Council on January 24, 2006; and
WHEREAS, Severe erosion control problems were discovered on the site and a revised
Lease Agreement has been written; and
WHEREAS, The revised Lease Agreernen1l, aH attached, has been reviewed by the
Parks and Recreation Board and the Finance Committee and both have recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That: thH Common Council of the City of
Muskego, upon the rHcommendation of the Parks and Recreation Board and the
Finance Committee, does hereby approve the revised Lease Agreement with Eddie
Schaefer for lease of Park Arthur (South Section) for a four-year period to expire
December 31,2009.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
. Agreement in the name of the City.
DATED THIS 13th DAY OF _~!!mE~_, 2006.
SPONSORED BY:
FINAI\JCE COMMITTEE
Jl.ld. Nancy Salentine
Jl.ld. Eileen Madden
fl.ld. Eric Schroeder
This is to certify that this is a true and aCCUr81t13 copy of Resolution #120-2006 which
was adopted by the Common Council of the City of Muskego.
6/06jmb
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-'---'-- (:ler~:Treasurer
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LEJ~SE
THIS AGREEMENT is made between the City of Muskego, Lessor, and Eddie Schaefer, Lessee.
The property, which is the subject of this lease is described as follows, to-wit:
Park Arthur (south section):
Parcel 1 : Lot 1 Certified Survey Map 9654
That part of the Southwest ~ and NorthHast ~ of Section 4, Town 5 North, Range 20
East in the City of Muskego, County of Waukesha, State of Wisconsin
Tax Key No. MSKC 2173.991.002 and 2171991.003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 7.~5 ACRES AND THE FOLLOWING CONDITIONS
APPLY:
Seeding land with alfalfa and timothy grass.
RENTAL: The rental of said property shall be for t~le term of four (4) cropping years, commencing
on the 1st day of January, 2006, and ending the 31st day of December 2009, with payment of $1.00 per
year due by December 31,2006,2007,2008,2009.
SPECIAL CONDITIONS: (1) Any chemical usagEllTlust be approved by the Conservation
Coordinator prior to appliGation.
(2) All erosion control and/or farming methods recommended by the
City's Building/Enginel~ring stajf be put in place and practiced.
(3) The existing tree!s, woodland areas and fields planted as prairie are
to be left as is.
LIABILITY INSURANCE: Lessee shall, at his own Elxpønse and at all times during the term of this
lease, maintain in force a polic}' 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. Thle liability under such insurance shall not be less
than $1,000,000 for anyone person killed or injured, $1,000,000 fOi' anyone accident and $1,000,000
property damage. A certificate of insurance to this effect mus.!: be on file with the Engineering/Building
Inspection Department prior to øntering 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.
If this lease is terminatedl 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 interes.: in sLich annual crops whether to the
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Lessor or to the succeeding Løssee provided the Lessel9 dOHs not interfere with normal field operations
of the succeeding season.
If this lease is terminatE!d before the Lessee shall havø 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 1'9ase 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.
If the land is not used for active cropping, a grassy cover crop must be planted on the land,
acceptable to the Parks & Recreation Board.
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 four (4) year period. Lessee
shall notify the Parks and Recreation Board to renew contract.
Pursuant to Resolution #_-200_ passed and approved on
Council of the City of Muskego, this lease is hereby øxec:uted this
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day of
by the Common
,200_.
Eddie Schaøfer, Les::;ee
Toby Whipple, IJresident
Parks ,& RHc:reation Board
City of Muskego
Charles Damaske, Mayor
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