CCR2026.005-King-LeaseCOMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION ##005-2026
APPROVAL OF AGRICULTURAL LEASE AGREEMENT WITH
JACK KING FOR THE KELSEY DRIVE CONSERVATION SITE
WHEREAS, the attached Agricultural Lease Agreement for the harvesting of the existing
hay crop at the land designated therein, 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 Jack King for lease of the Kelsey Drive Conservation Site
commencing on March 1, 2026 and ending on December 31, 2027.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement
and the City Attorney is authorized to make substantive changes as may be necessary
in order to preserve the general intent thereof.
DATED THIS 10th OF FEBRUARY 2026.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #005-2026 which
was adopted by the Common Council of the City of Muskego.
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City Clerk, Kerri Roller
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AGRICULTURAL LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and King's Dairy Farm, LLC / Mark A. King, Lessee.
The property which is the subject of this lease is described as follows, to -wit:
ricultural Lands on the Kelsev Drive Conservation Site. Tax Kev Number: MSKC 2280.998.003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 3.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO
THE FOLLOWING CONDITIONS:
RENTAL: Rent will be $55.00 per acre per year. The rental of said property shall be for the term of two (2) growing
season(s), commencing on March 1, 2026 and ending on December 31, 2027. Renewal of this lease will be at the
discretion of the Lessor.
SPECIAL CONDITIONS: This lease is for harvest of the existing hay crop only. Land may not be planted with any "row"
crops (corn, soybeans, wheat...) under this agreement.
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 any one person killed or injured, $1,000,000 for any
one accident and $1,000,000 property damage. A certificate of insurance by endorsement naming Lessor as an additional
insured must be on file with the City Clerk 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.
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 land 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 within thirty (30)
days of the termination of this lease.
INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all
suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee
or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity
provision shall survive the termination or expiration of this Lease Agreement.
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.
Pursuant to Resolution #005-2026 passed and approved on February 10, 2026 by the Common Council of the City of
Muskego, this lease is hereby executed this day of February 2026.
LESSEE
King's Dairy Farm, LLC
Mark King
W216S9202 Crowbar Dr
Muskego, WI 53150
262-271-6731
LESSOR — CITY OF MUSKEGO
BY:
Rick Petfalski, Mayor
ExhibitA- Kelsey Drive Conservation Site Agricuitura I Lease Area
F1Agricultural Lease Area (3.5 acres)
❑ Subject Property
Jack King
W216S9202 Crowbar Dr
Muskego, WI 53150