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CCR2008199-Attachment LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and the Little Muskego Lake Protection and Rehabilitation District (LMLD), Lessee by LMLD Chairman, Larry Lefebvre. The property, which is the subject of this lease is described as follows, to-wit: Park Arthur (south section) Parcel 1: Part of Lot 1 Certified Survey Map 9654 Tax Key No. MSKC 2173.991.003 TOTAL AREA TO BE LEASED IS APPROXIMATELY 1.0 ACRES, AS SHOWN ON THE ATTACHED EXHIBIT “A”, AND THE FOLLOWING CONDITIONS APPLY: Rent will be $55.00 per acre with renewal after (1) year, at the discretion of the City (OWNER). RENTAL: The rental of said property shall be for the term one (1) year, commencing on January 1, 2009, and ending the 31st day of December 2009. The payment of $55.00 per acre is due on or before December 31, 2009. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage at the site must be approved by the Conservation Coordinator prior to application. (2) All erosion control and/or farming methods recommended by the City's Building/Engineering staff be put in place and practiced at the expense of the LMLD during the term of this agreement. (3) Maintenance of the gravel roadway from the park entrance roadway needs to be performed, at the expense of the LMLD. (4) The access drive should have a gate or post and chain with a lock to prevent unauthorized dumping of material at the site. (5) The LMLD should submit in writing an operational plan for the cutting and non-cutting season to address the weed turning and grading operations at the site. (6) The berm will need to be maintained and mowed on a regular basis by the LMLD to prevent noxious weed growth. (7) Any Muskego resident concerns regarding this site shall be handled by the Alderman liaison to the LMLD committee and/or the LMLD committee. 2 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 to this effect must be on file with the Engineering/Building Inspection Department 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. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expenses they incurred in operating the weed-tipping program, according to contract or agreement with the Lessor 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, its claim for such reimbursement at least thirty (30) days before the termination of this lease. If the land is not used for weed tipping, a grassy cover crop must be planted on the land at the expense of the LMLD, 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 one (1) year period. Lessee shall notify the Parks and Recreation Board to renew contract. th Pursuant to Resolution #199-2008 passed and approved on the 25 day of November , 2008 by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2008. _______________________________________ Larry Lefebvre, Chairman for Little Muskego Lake Protection and Rehabilitation District, Lessee _________________ _________ Toby Whipple, President Parks & Recreation Board __________________________ John R. Johnson, Mayor City of Muskego