CCR2011083-Lease Agreement
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:
Park Arthur (northwest section):
Parcel 1: All that part of the Northwest ¼ of the Northeast ¼ of Section 4, Town 5 North, Range 20 East,
in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of Parcel 1, Certified Survey Map No. 4239, said point also being
the point of beginning; thence S 00°52’00” W along the Westerly line of said parcel 494.95, to the
Southwest corner of said Parcel 1; thence continuing
S 00°52’00” W 545 feet more or less to the North line of Parcel 1, Certified Survey Map No. 9654; thence
Westerly along said North line 565 feet more or less to the West line of said Northeast ¼, of Section 4;
thence Northerly along said West line 1,053 feet to College Avenue Southerly right-of-way line, said right -
of-way line being 33 feet south of said College Avenue centerline; thence Easterly along said right-of-way
line 594 feet more or less to the extended West line of said Parcel 1, Certified Survey map No. 4239;
thence Southerly along said extended West line 17 feet more or less to the point of beginning.
Bearing reference Certified Survey Map 4239.
TOTAL AREA TO BE LEASED IS APPROXIMATELY 12.02 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.
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 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.
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.
_______________________________________
Karl Thiesenhusen, Lessee
_______________________________________
Toby Whipple, President
Parks & Recreation Board
_______________________________________
City of Muskego
Kathy Chiaverotti, Mayor