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CCR2026.007-Thiesenhusen-LeaseCOMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #007-2026 APPROVAL OF AGRICULTRAL LEASE AGREEMENT WITH KARL THIESENHUSEN AT PARK ARTHUR WHEREAS, the attached Agricultural Lease Agreement for the harvesting of 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 Karl Thiesenhusen for lease at Park Arthur 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 #007-2026 which was adopted by the Common Council of the City of Muskego. City Clerk, Kerri Roller 2I26crnc AGRICULTURAL LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Karl Thiesenhusen, Lessee. The property which is the subject of this lease is described as follows, to -wit: Agricultural Lands at Park Arthur, Tax Key Number: MSKC 2173.993 TOTAL AREA TO BE LEASED IS APPROXIMATELY 12.5 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 seasons, commoncing 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 with proper Endorsements, in forms acceptable to the City Attorney, naming Lessor as an additional insured on a primary and non-contributory basis, a waiver of subrogation and a 30-day notice of cancellation shall be provided to the City Clerk prior to entering the 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 #007-2026 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 Karl Thiesenhusen, 17780 W Small Road, New Berlin, WI 53146 LESSOR — CITY OF MUSKEGO NZI Rick Petfalski, Mayor EXHIBIT A Park Arthur Agricultural Lease Area .. 0.LLEQt- A_/.-- i •- --•7 . ss V - C O'i i C. ►]:: i �. - w d Apl- y - ; i C.' r Lea sedArea (12.5 aces) 6 125 250 566 Feet Subject Parcel (Park Arthur) Karl Thiesenhusen, 17780 West Small Road, New Berlin, WI 53146; 42.931419-88.136178 Phone., (262) 679-0841 Rent; 12.5 acres x $551acre = $687.50