CCR2012057-Attachment
LEASE OF PORTIONS OF AN EXISTING BUILDING
THIS LEASE, made this ______ day of ___________, 2012, by and between the CITY OF
MUSKEGO, a Wisconsin Municipal Corporation (hereinafter called “Landlord”), and Island Ice
Cream, LLC, a Wisconsin Limited Liability Company (hereinafter called “Tenant”):
WITNESSETH:
It is agreed by and between the parties, each in consideration of the covenants and agreements
of the other:
1. Leased Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the
public concessions room (more specifically shown in Exhibit A attached hereto and
hereinafter called the “leased premises”) in Landlord’s building at Idle Isle Park, Muskego,
Wisconsin, known as the Idle Isle Park Pavilion (hereinafter called the “building”).
2. Term of Lease. The term of this lease shall be for one (1) year commencing on the ______
day of ____________, 2012 and ending on the ______ day of ____________, 20___.
3. Rent. For 2012, rent of the building shall be waived so as to help establish this park
concession offering. Future year’s rent shall be set at a later date after the level of
concession sales has been established.
4. Tenant to Comply with Laws. Tenant will not use or occupy the leased premises for any
unlawful purpose and will obey all present and future laws, ordinances, regulations and
orders of the United States, the City of Muskego and County of Waukesha and the State of
Wisconsin, or any agency or subdivision thereof, relating to the leased premises. Tenant
will not conduct any activity or place any equipment in the leased premises which will
increase the fire insurance rate on the building.
5. Subletting and Assignment. Tenant will not sublet the leased premises, or any part thereof,
or transfer or assign this lease without prior consent of Landlord, which consent shall not be
unreasonably withheld.
6. Utilities. For 2012, the landlord will be responsible for the utility payments. Future utility
payments will be established once level of use and concession sales has been established.
7. Landlord’s Right of Entry. Landlord may, at reasonable times, enter the leased premises for
inspection thereof.
8. Repairs and Maintenance. Landlord shall, at its expense, keep and maintain in good repair
the exterior and structural portions of the building. Tenant shall, at its expense, keep and
maintain in good repair the interior portion of the leased premises and all areas in the
building used in common by Tenant and any other persons whatsoever. At the termination
of this lease, Tenant shall leave the leased premises in as good condition as at the
beginning of said term, ordinary wear and tear and damage by the elements excepted.
9. Insurance. Tenant shall carry comprehensive public liability insurance on the leased
premises with limits of not less than $1,000,000.00/$1,000,000.00 for bodily injury and death
and $250,000.00 for property damage, all on an occurrence basis. Upon request, evidence
of such insurance shall be supplied to Landlord.
10. Defaults. If default is made by Tenant in payment of the rent, or any part thereof, and such
default shall continue to 10 days after notice by Landlord to Tenant to pay the same, or if
either party shall be in default under any other provision of this lease and such default shall
continue to exist after receipt by the defaulting party of 30 days’ notice thereof, Landlord
may terminate this lease and take possession of the leased premises (if Tenant be the
defaulting party) or Tenant may terminate this lease and surrender possession of the leased
premises to Landlord (if Landlord be the defaulting party). Such termination of lease shall
be without prejudice to the right of recovering damages against the defaulting party for
breach of this lease.
11. Right of First Refusal. The Landlord agrees to grant to the Tenant the right of first refusal to
serve as the sole exclusive consessionaire, able to utilize the leased premises and upon
such conditions as the parties mutually agree.
12. Permits. The Tenant is responsible for receiving any and all permits necessary to carry out
concessions within this leased premise.
13. Notices. All notices, consents, demands, presentations and requests which may be or are
required to be given by either party to the other shall be in writing and shall be sent by
United States registered or certified mail, with return receipt requested, addressed as
follows:
TO LANDLORD: City of Muskego
W182 S8200 Racine Avenue
P.O. Box 749
Muskego, WI 53150-0749
TO TENANT: Island Ice Cream, LLC
ATT: Kristin Formolo
PO Box 11
Muskego, WI 53150
The dated shown on the return receipt as the date on which said registered or certified mail
is received by the addressee shall be conclusively deemed to be the date on which a notice,
consent, demand, presentation or request is given or made. A party’s address may be
changed at any time or from time to time by written notice given to the other party as herein
provided.
14. Waiver. One or more waivers of any provision of this lease by either party shall not be
construed as a waiver of a further breach of the same provision.
15. Remedies Not Exclusive. Each of the rights, remedies and benefits provided by this lease
shall be cumulative and shall not be exclusive of any other of said rights, remedies and
benefits, or of any other rights, remedies and benefits allowed by law.
16. Binding Effect. The obligations and rights under this lease shall be binding upon and inure
to the benefit of the parties hereto, their successors and assigns.
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17. Headings. Any headings preceding the text of the paragraphs hereof are inserted solely for
convenience of reference and shall not constitute a part of this lease or affect its meaning,
construction or effect.
18. Entire Agreement. This lease constitutes the entire agreement of the parties hereto and no
representations, inducements, promises or agreements, oral or otherwise, between the
parties, not embodied herein, shall be of any force or effect.
IN WITNESS WHEREOF, this lease is hereby executed the day and year first above written.
LANDLORD: CITY OF MUSKEGO
By: _______________________________
Kathy Chiaverotti, Mayor
By: _______________________________
STATE OF WISCONSIN ) Jill Blenski, Deputy Clerk
)ss.
WAUKESHA COUNTY )
Personally came before me this ______ day of ____________, 2012, KATHY
CHIAVEROTTI, as Mayor, and JILL BLENSKI, as Deputy Clerk, of the CITY OF MUSKEGO, to
me known to be the persons who executed the foregoing instrument and to me known to be
such Mayor and Clerk of said corporation and acknowledged that they executed the foregoing
instrument as such officers by its authority.
___________________________________
Notary Public, State of Wisconsin
My commission: _____________________
TENANT: Island Ice Cream, LLC
By: _______________________________
By: _______________________________
STATE OF WISCONSIN )
)ss.
WAUKESHA COUNTY )
Personally came before me this ______ day of ____________, 2012,
_________________, as _______________, and _________________, as ______________,
of Island Ice Cream, LLC to me known to be the persons who executed the foregoing instrument
and to me known to be such _________________ and _________________ of said corporation
and acknowledged that they executed the foregoing instrument as such officers as the deed of
said corporation by its authority.
___________________________________
Notary Public, State of Wisconsin
My commission: _____________________
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