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CCR2011069-Agreement LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Eddie Schaefer, Lessee. The property, which is the subject of this lease, is described as follows, to-wit: Park Arthur (south section): Parcel 1: Lot 1 Certified Survey Map 9654 That part of the Southwest ¼ and Northeast ¼ of Section 4, Town 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin Tax Key No. MSKC 2173.991.002 TOTAL AREA TO BE LEASED IS APPROXIMATELY 1.84 ACRES AND THE FOLLOWING CONDITIONS APPLY: Rent will be $55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City (OWNER). RENTAL: The rental of said property shall be for the term one year, commencing on the_____day of ________, 2011, and ending the 31st day of December 2011. The total tillable acreage shall be determined by the Engineering/Building Inspection Department prior to the annual crop harvest with a payment of $55.00 per tillable acre due on or before December 31, 2011. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage 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. (3) The existing trees, woodland areas and fields planted as prairie are to be left as is. (4) This land is only to be used for hay harvesting. 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 Parks & Recreation 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 and/or the farming methods being used. 2 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 farm, 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, his claim for such reimbursement at least thirty (30) days before the termination of this lease. If the land is not used for active cropping, a grassy cover crop must be planted on the land by the Lessee, 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. Pursuant to Resolution #____-2011 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2011. _______________________________________ Eddie Schaefer, Lessee _________________ Toby Whipple, President Parks & Recreation Board __________________________ City of Muskego Kathy Chiaverotti, Mayor