CCR1987043COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 1\43-87
APPROVAL OF LEASE BETWEEN KEITH AND WENDY BENNETT
AND CITY OF MUSKEGO
(Idle Isle Park Pavilion)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Parks and Recreation Board and
the Finance Committee, does hereby approve the attached Lease
and Agreement between Keith and Wendy Bennett and the City of
Muskego regarding the Idle Isle Park Pavilion.
RE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the documents in the name of the City.
FINANCE COMMITTEE
n
ATTEST: 17
LEASE
This agreement is made between the Parks and Recreation Board, City of
Muskego (City), and KEITH AND WENDY BENNETT (Lessee).
The City hereby agrees to lease to and Keith and Wendy Bennett agree
to lease from City the following described real estate:
Portion of park pavilion, as detailed in Exhibit "A",
!Test half (W 1/2) of Section 4, Township 5 North,
located at W182 S6666 Hardtke Drive, that part of the
Range 20 East, and part of the Southwest Quarter and
key :.ISKC 2174.959
island 7.5 acres, Volume 1183367, also know as tax
TERM: This lease shall commence on the first day of May, 1987 and
terminate on September 30, 1989. The rental, therefore, shall be in
the sum of $250 ?er month for each liay, June, July, August and
month comrencing with the first day or' ilay, 1987. Ir: is fully agreed
September during the term of the lease, payable on the first day of each
that if the Lessee is open during any portion of any other month, that
The full contil's rent for ~har: mnth snall be paid on or before the
firsE day ,~f said month. It is further agreed that any time after
Agril 1, 19s;. during rhe term of the lease, the Lessee may enter the
ooening anci that during the term of the lease, they may leave their premises Curing the month of April for the purpose of preparing for
equipment on the premises A securiTy deposit equivalent to one month's
rent is dce on the 1st day of Slay 1987 All payments shall be made
gayable to "City of hluskego" and received at i4uskego Parks and
Recreation Department. P. 0 Bos 902 Iluskego. WI 53130.
PURPOSE Tile purpose of this lease is to allow Keirh and Kendy Bennett
to use sai;i premises for rhe operarlon of a concession stand to Drovide
food and sQda to the public patronizing the park.
USE OF PR5.iISES: The use of the pari pavilion shall be for the sale
of soft drinks, coffee. packaged goods (ice cream. snack foods, candy,
chewing g;;m and cigaretres) 7izza. hot dogs and assorted sandwiches.
Any additignal uses or sale of ireas must be presenTed to the Parks and
these uses is subject to ternination by the Parks anci RecreaIion
Recreation aoard for review and apgroval. Failure to comply ivith
Board.
0
UAIXTEXAXCE ASD OPERATIOS. The Lessee shall be solely responsible for
maintaining the improvements they make to the rental Droperr-: in good
condition during tie term of this agreement. The Lessor-shail be
responsible for maintaining the building as it now esists .Any improve-
ments, addirions or install improvecents are subject to prior review
and appro:.ai by the Parks and Recreation Board. The Lessee shall obtain
from duly ;>rescribed officials the permits necessary to operate a
-
0 concession sIand and sell foods and beverages.
Lessee agrees to keep on hand at all times a sufficient supply of all
merchandise to adequately serve the public.
Lessee agrees that they will maintain all premises in a manner
examiners, and also that the premises will at all times be kept open
consistent with, or demanded by, all health departments and pure food
City of Muskego or any other agency having jurisdiction thereto.
for the proper inspection by duly authorized representatives of the
The use of loud or profane language, boisterous or lewd conduct will
be strictly prohibited.
premises without the permission of the duly authorized official of the
Lessee will agree not to allow any person to live or sleep on the
City of :Juskego.
effect to govern conduct of a business or concession such as now
Lessee agrees to comply with all laws and ordinances which are now in
maintained.
Lessee agrees to employ competent persons to be in attendance on
premises ssed by them, and that at no time will there be less than one
operation.
person constantly in charge of said ?remises only during hours of their
Lessee agrees thar: they will not allow to accumulate rubbish in any
form on the premises used by them or at a prescribed distance from such
in the building and shall also be responsible for removing waste from
facility csed by them. Lessee must provide adequate waste receptacles
their operation from the facility. The City will not provide garbage
service fgr their operation.
The Lessee agrees that any equipment or booths needed by the% for the
operarion of their concession grogram will be placed only on locations
approved 3:: the Parks and Recreation Board and that they will remove
any such srands not so approved.
The hours of o9eration must coincide with the hours of the local
ordinance governing the park hours. Lessee must maintain at least
thirty (30) hours per week of operaTion from May thr:: SepIember,
documented.
unless inclement weather makes it izpossible. Such time will be
UTILITIES The Lessee shall be responsible for elecIric COSTS above the
City's cos; average from kilowatt hours for 1985 and 1986 Tne follow-
not have any use of the telephone for their concession service.
ing year's payments will be determined by 1987 figures. The Lessee will
If Lessee is desirous of heating r:he building, such xi11 be done at
their essense.
Muskego Parks and Recreation DeparTnent. P. 0. Bos 903, Iluskego. WI
An annual ?ayment for these ucilit:: charges must be received at the
53150, no later than October 15th of each year.
0
e
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DAXAGE OR DESTRUCTION OF PREXISES: If the premises are destroyed by
fire, flood, casualty. war or any orher pumose. then the agreement at
the option of either-party shall-cease ahd come.to an end. But in
premises to the previous condition and a just portion of the rent for
case of any partial damage, the City of Muskego may restore the
be refunded or not demanded by the City of Muskego.
the period the concessionaire was nor: allowed the use of the premises,
INSURAXCE: The City shall not be liable to the Bennetts, their agents,
employees, servants, customers, visitors, guests or to any person who
may be damaged or injured including, but not by way of limitation, loss
of life or damage to property by reason or arising by, through or out
provided. The Lessee shall hold harmless and indemnify the City from
of the Bennetts' right to use and improve the premises as herein
any such costs, claims, damages, expenses and liabilities and shall
of public liability insurance insuring itself and the City against
further maintain in force at all times during the term hereof, a policy
injury to property, person or loss of life arising out of use and
occupancy of the premises with limits of at least $500,000 aggregate
and the Lessee shall furnish to the City, as may be requested from time
to time, a certificate of said insurance That Lessee must only carry
liabilit:: insurance from April 1st through September 30th of each year
as long as no one from xheir business enters the pregises at any other
of the :'e:-
tine of ?:.? ::ezr and they ar= nor open for business at any otfler time
operation rhey shall carry ciuring the term of the lease insurance
If Lessee s2all come!lce any type of grill or frying
insuring -ne building and anything rherein belonging to Lessor against
extended coverage insurance in an axomt equal to, at least, 80% of
loss or dazage by fire ana perils covered by the standard policy of
the full replacement value tnereof and under such insurance the City
shall be she narned insured
COVE?;.ASTS OF LESSEE. Lessee agrees so and their agents or ernaloyees
shall ar: zll times comply wi?h all rules and regularions adopted by
the City Q: hskego. Lessee agrees :hac they will, at their own
expense, cause all damage or injur:: 50 the property of the City of
Xuskego PJ be repaired if ssch damage is caused by the Lessee, their
agents or ecployees.
COVE?:ASTZ OF CITY OF SIUSKZGO. The Ci:y of Muskego agrees that the
Lessee, i:. consideraxion or' ;he sams to be paid to the City of Iluskego
and the fill performance 3y she Lessse of all terms and conditions as
agreed, shall have the exclusive pri_-ilege and license of conducting
the concession as herein defined.
ADVE3TISI::G Lessee agrees that no sign or advertising mat?er of any
kind shall be displayed unless a2proved.by the Parks and Recreation
Board and if necessary, Plan Commission of the City of Muskego.
ASSIGUES: OF SLBLETTIXG Lessee sflall not, withou: written consent of
the City of Xuskego, sublet the presises or any part thereof, nor
-
a assign, h-sorhecate or mortgage the agreement
CITY'S RIGIIT TO ENTRY: Those persons representing the City of Muskego
reserve the right. exercisable at any time during the term hereof, or a
extension thereof, to enter the premises for the purpose of making
said premises and lifeguards and park attendants for access to the
repairs to the building for the proper preservation and maintenance of
telephone for emergency situations. B list of people to be allowed
on the prenises will be provided by the Lessor to the Lessee at the
beginning of each year's lease period and may be amended from time to time on reasonable notice.
REXEWAL: This lease may be renewed at the expiration of the term
hereof at the option of Lessee for a period of three (3) years upon
the same terms and conditions if the Lessee notifies the City of Muskego in writing of its intention to renew the lease at least 90 days prior
to the expiration date of said lease.
TERPINATION: The Lessee agrees that at the termination of this lease
or any renewal thereof, they will promptly surrender the premises to
the City and will have removed therefrom all of its appliances and
equipment, placed thereon, and maintained by the Lessee in the
operation of said concession operation. Lessee shall not be required
during the term of this lease anci snzll not do so. Any appliances or
to remove any walls or other items which it may have constructed
equipmenr: resaining on rhe prenises 30 days after es;liration or other
termination of this lease shall be iieexed abandoned and shall become
property el the City. Lessee agrees ;hat they will 2eaceably vacate
all 2remises occupied by the3 ana deliver to the City of bluskego in
good conciiTion all premises used by them, ordinary wear and tear,
damage by fire and by the elenents excepted.
DATED THIS DAY' OF , 1987.
-. -
BY XEITH BENNETT
STATE OF ;:'ISCOXSIN
WAUKESHA COLSTY
Personally came before rre tnis - day of
1987. and to me
known to be the persons wno esec'Jteci r:he foregoing instrument.
3Iy Conmission Expires
Yotar:; Tublic, Waukesha County
PLRSUAXT TO A RESOLUTION of the Cor?xon Council of the City of Iluskego.
passed and approved the day of . 1987. this
lease is hereby executed.
BY. Charlorre L. Stewart
(-1 - ..
as : Wayne G. Salentine
L.' Clerk Alayo r
-4-
STATE OF WISCONSIN )
WAUKESHA COUNTY 1
1987,
Personally came before this day of
and
to me known to be the persons who executed the foregoing instrument,
on behalf of the City of Xuskego.
Notary Public, Waukesha County
My Commission Expires
-5-
IDLE ISLE PARK BUILDING
EXHIBIT "A"
sealed)
""_ Indicates walls to be added
be replaced co meec healch code.)
(Scrvice and dishwashing room need to be drywalled and ceiling tiles must
I AGREEMENT
This agreement is made between the CITY OF MUSKEG0 PARKS AND
RECREATION BOARD, MUSKEGO, WISCONSIN, and KEITH AND WENDY BEXNETT
(LESSEE).
Whereas, Keith Bennett and Wendy Bennett are desirous of renting from
the City of Muskego Parks and Recreation Board that portion of the
shelter building, as designated on Exhibit "A" , at Idle Isle Park
sale of food and soda, and
(W182 S6666 Hardtke Drive) for operating a concession stand for the
building must be made.
Whereas, several major repairs and alterations to said existing
The Lessee agrees to make necessary repairs and improvements to bring
the building to meet standard local codes governing the operation of a
structurally.
concession stand. Exhibit "B" outlines the modifications to be made
Lessee's labor charges to make repairs and improvements will be at
no expense to the City of Muskego. Cost of materials, as outlined
in Exhibit "C" will be deducted from the rental fee due the City of
Gfuskego, 'ssith the agreed expenses, not to exceed $2.225.00, as credit
toward the rent due. Such expenses for improvement or repair shall be
paid dire::::: by the Lessse, noT by the City. No rent will be paid by
complere, li-l~h improvemenrs not to exceed a completion date of Septem-
the Lesse? until all those expenses as authorized in Exhibir 'C" are
and RecrerIion Board, along with a description of the items included
ber 30, 1?67 Receipts of all essenses must be presented to the Parks
on the receipt.
Eshibit 5", must be presented to the Psrks and Recreation Board for
Lessee agrees that any additional changes or repairs, not covered in
review an& approval before being made.
Ar terminayion of lease, Lessee agrees to leave intact all re:>airs or
alteratio5s made to the facility during the term of The concession
srand lease
Lessee shall be solely responsible for maintaining the improvements
they make to the rental properry in good condition during the term
of this agreement. The Lessor shall be responsible for maintaining
the builc-ng as it now esists. Any improvements, additions or install
Recreatior, Board. The Lessee shall obrain from duly prescribed
improvemec~s are subject to prior review and approval by the Parks and
officials the permits necessary LO operate a concession stand and
sell foocis and beverages.
This agreement is executed on The - day of . 1987
By:
Ksith Bennett
By Kendy Bennet c
By :
Wayne G. Salentine, Mayor
By :
Charlotte L. Stewart, City Clerk
IDLE ISLE PARK BUILDING
Exhibit A
/I/ to be rented
LITTLE MUSKEG0 LAKE
ASSOCIATION
STORAGE AREA
IDLE ISLE PARK BUILDING
DMIBIT B
ROPO~ DISHW+H AE I
PROPOSES CONCESSION
CLxLA
(STORAGE)
""""
PXOPOSED CONCESSION
.xu
0 -
(FOOD SEXVICE)
I
I I
LITTLE HUSKEGO
LAKE DISTRICT
Floor drain
(needs to be sealed) -
SERVICE WINDOW AREA ..
"_" Izdfcates valls to be added
be replaced to meec health code.)
(Service and dfshwashing room need co be dryvalled and ceiling ciles muSC
.,. i .
EXHIBIT "C"
BUILDING REPAIRS FOR IDLE ISLE PARK BUILDING
e OUTSIDE REPAIRS
Soffits (2 sheets soffit ply, 30 ft. pine shoe molding)
ROO^ repair (4 gallons Blackjack roof seal for NE and SE corners)
Window shutters (6 windows)
Doors (replace men's room)
Siding (re9lace bad siding - 25 ft. 1" x 4" and 8 ft. 1'' x 8" rough sawn
cedar)
Paint (5 gallons for soffit and 2 gallons for doors & trim)
Exterior Stain
Locks
Caulk
Ceiling (rt?lace 50 tiles
Paint (15 gallons f3r wal
Electrical
Plumbing
1
- 2" x ?" stud work, i6 sheets of 12 ft.
TOTAL. 32,235.29