CCR2019022-Attachment
MUSKEGO ATHLETIC ASSOCIATION/MUSKEGO STORM AND MUSKEGO WARRIORS
YOUTH BASEBALL AND CITY OF MUSKEGO
LEASE AGREEMENT FOR PARK ARTHUR PAVILION
The Muskego Athletic Association/Muskego Storm and Muskego Warriors Youth
Baseball (hereinafter, the “Tenants”) and the City of Muskego (hereinafter, the “Landlord”)
hereby enter into this Lease Agreement for the public concessions room in Landlord’s building
located at Park Arthur, Muskego, Wisconsin 53150.
1. Leased Premises. Landlord hereby leases to Tenants, and Tenants lease from Landlord,
the public concessions room in Landlord’s building at Park Arthur, Muskego, Wisconsin,
known as the Park Arthur Pavilion (hereinafter called the “building”).
2. Parties. The Muskego Athletic Association/Muskego Storm, and Muskego Warriors Youth
Baseball shall agree to work together to sell concessions to the public during baseball
games played at Park Arthur.
3. Term of Lease. The term of this lease shall commence on the May 1, 2019 and end on
September 30, 2020 (now a 1 ½ year lease).
4. Rent. Rent shall be $75.00 per month for the months of May through August ($300 for in
season) and $25.00 per month for the months of September through April ($200 for off
season) when the room is just being used to store equipment and product. Should the
tenants choose to move their items to a different location during this off season time, there
will be no rent charged during the off-season.
5. Tenants to Comply with Laws. Tenants 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. Tenants
will not conduct any activity or place any equipment in the leased premises which will
increase the fire insurance rating on the building.
6. Subletting and Assignment. Tenants will not sublet the leased premises, or any part thereof,
or transfer or assign this lease without prior consent of Landlord.
7. Utilities. A monthly charge of $95.00 shall be incurred for the months of May through
August ($380 total) when concessions are being sold and equipment is being used. For the
off-season months (September through April) there will be no utilities charged as long as all
pieces of equipment are unplugged.
8. Landlord’s Right of Entry. Those persons representing the Landlord reserve the right,
exercisable at any time during the term hereof, or extension thereof, to enter the premises
described herein at any time and without Notice for the purpose of inspection and making
repairs to the building for the proper preservation and maintenance of said premises.
9. Equipment. Tenant must provide a list of all equipment to be used in the service of
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providing concessions to the Landlord no later than April 15 each year of the agreement.
The Landlord will then approve the usage of the equipment based on the electrical service
available at the property and will provide the Tenant a layout map of the interior of building
indicating where each piece of equipment must be plugged in no later than April 25th. The
Tenant will not add any new pieces of equipment during the season.
10. Repairs and Maintenance. Landlord shall, at its expense, keep and maintain in good repair
the exterior and structural portions of the building. Tenants shall, at its expense, keep and
maintain in good repair and keep clean the interior portion of the leased premises and all
areas in the building used in common by Tenants and any other persons whatsoever.
Tenants may not place any additional signage on the building then is already present.
Tenants will be responsible for any repair costs to damage in concession area and will be
responsible for any requested changes in electrical service to the building. If Tenant causes
fuses to blow due to incorrect electrical usage, a fee of $50 will be charged for staff time to
come to the facility and reset electrical service.
11. Concession Sales. Tenants 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 kept open for the proper inspection by duly authorized representatives of
Landlord or any other agency having jurisdiction thereto. Tenants further agree to comply
with all laws and ordinances that are now in effect to govern conduct of a business or
concession such as now maintained.
12. Adult Supervision. Tenants agree 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 immediately in
charge of said premises during hours of their operation.
13. Termination. Tenants agree that at the termination of this Lease Agreement or any renewal
thereof, they will promptly surrender the premises to the Landlord and will have removed
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therefrom all of its personal property, placed thereon, in the concession area. Any personal
property remaining on the premises 30 days after expiration or other termination of this
Lease shall be deemed abandoned and shall become property of the Landlord. Tenants
agree that they will peaceably vacate all premises occupied by them and deliver to the
Landlord in good condition all premises used by them, ordinary wear and tear and damage
by the elements excepted.
14. Governing Law. This Agreement shall be interpreted and construed according to the laws of
the State of Wisconsin. Any legal action regarding this Agreement shall be brought and
maintained in the Circuit Court of Waukesha County, Wisconsin.
15. Counterparts. This Agreement may be executed in one or more counterparts, each of which
will be deemed an original.
16. Insurance. Tenants shall procure and maintain during the term of this Lease at its expense,
comprehensive general public liability insurance, covering the Premises and the insureds
against loss for personal injury and property damage. The coverage under such insurance
to be not less than One million dollars ($1,000,000.00) for any person injured, Two million
dollars ($2,000,000.00) for any one accident, and Fifty thousand dollars ($50,000.00) for
property damage or such other coverage as the parties may agree in writing from time to
time. The Landlord shall approve the coverage. Tenants shall also carry during the term of
this Lease, fire insurance with extended coverage, vandalism and malicious mischief and
theft and the mysterious disappearance Endorsements covering the contents of the
Premises and all alterations, additions and leasehold improvements in the amount of their
full replacement value. Such policies shall cover both Landlord and Tenants, as their interest
may appear. Before taking possession of the Premises, Tenants shall present to Landlord
Certificates of Insurance from the insurance companies showing such coverage, along with
the following Endorsements:
a) Naming the Landlord as an Additional Insured
b) Waiver of Subrogation
c) Primary and Non-Contributory Insurance
d) 30-day Notice of Cancellation
17. Indemnification. Tenants shall indemnify and hold harmless Landlord from and against all
claims arising from Tenants’ use of the Premises, or from the conduct of Tenants’ business
or from any activity, work, or things done, permitted or suffered by Tenants in or about the
Premises and shall further indemnify and hold Landlord harmless from and against any and
all claims arising from any breach or default in the performance of any obligation on
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Tenants’ part to be performed under the terms of this Lease, or arising from any intentional
tort or negligence of the Tenants, or any of Tenants’ agents, contractors, or employees, and
against all costs, attorney fees, expenses and liabilities incurred in the defense of any such
claim or any action or proceeding brought thereon, and in case any action or proceeding be
brought against Landlord by reason of any such claim, Tenants, upon notice from Landlord,
shall defend the same at Tenants’ expense by counsel satisfactory to Landlord.
18. Defaults. If default is made by Tenants and such default shall continue for 10 days after
Notice by Landlord to Tenants to pay the same, or if either party shall be in default under
any other provision of this Lease Agreement 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 Tenants be the defaulting party) or Tenants
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.
19. Permits. The Tenants is responsible for obtaining any and all permits necessary to carry out
concessions within this leased premise. Failure to obtain said permits shall constitute a
breach of this Lease.
20. Notices. All notices permitted or required by this Agreement shall be given in writing and
shall be considered given upon receipt if hand delivered to the party or person intended, or
upon facsimile transmission to the fax numbers set forth herein, or email transmission at the
email addresses set forth below, or three (3) business days after deposit in the United
States mail, postage prepaid, by certified mail, return receipt requested, addressed by name
and address to the party or person intended as follows:
To the Tenants: Muskego Warriors Youth Baseball
Jim Prusinski, President
PO Box 131
Muskego, WI 53150
Phone No.: 414-690-7911
Email: jdp@paceelectricinc.com
Muskego Athletic Association/Muskego Storm
Ed Horwath, President
PO Box 102
Muskego, WI 53150
Phone No.: 414-378-7340
Email: edh@themaa.org
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To the Landlord: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Attn: Director of Public Works
Fax No.: 262-679-5614
Email: SKroeger@cityofmuskego.org
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
TENANTS: MUSKEGO ATHLETIC CITY OF MUSKEGO
ASSOCIATION/MUSKEGO STORM
AND MUSKEGO WARRIORS YOUTH
BASEBALL
By: By:
Jim Prusinski, President Date Kathy Chiaverotti, Mayor Date
Muskego Warriors Youth Baseball
By: By:
Ed Horwath, President Date Sharon Mueller, Date
Muskego Athletic Association/Muskego Storm Finance and Administration Director
T:\\Departments\\Attorney\\Agreements\\Muskego Athletic Assoc-Storm & Warriors and City of Muskego Agreement.docx
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