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CCR1989281COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #281-89 ACCEPTANCE OF BID AND APPROVAL OF LEASE AGREEMENT FOR CITY-OWNED LAND (OUTLOT - WOODCREST HEIGHTS) WHEREAS, the lease of the city-owned outlot of Woodcrest Heights was advertised for bids, and WHEREAS, one bid was received as follows: DeBack Farms $100.00 WHEREAS, the Finance Committee has recommended acceptance of the bid from DeBack Farms in the amount of $100.00. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the bid of DeBack Farms for lease of the city-owned outlot of Woodcrest Heights for the 1990 crop year in the amount of $100.00. BE IT FURTHER RESOLVED that the attached lease agreement between DeBack Farms and the City of Muskego is also approved and that the Mayor is authorized to sign the lease in the name of the City. DATED THIS 14th DAY OF November , 1989. FMANCE COMMITTEE 6Ad7 42A Ald. Edwin P. Dumke Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk LEASE THIS AGREEMENT is made between the City of Muskego. Lessor, and Harold R. DeBack, DeBack Farms, Lessee. The property which is the subject of this lease is described as follows, to-wit: Outlot dedicated to City - Woodcrest Heights acres) shall be the sum of $lO.OO/acre, or $100.00 for the 1990 RENTAL: The rental of said property (approximately ten growing season, with the full payment due on April 15, 1990. LIABILITY INSURANCE: Lessee shall, at his own expense, 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 property occurring in or about the demised premises. The liability for injury to or death of persons or loss or damage to liability under such insurance shall not be less than $100,000 accident and $50,000 property damage. A certificate of insurance for any one person killed or injured, $200,000 for any one to this effect must be on file with the City prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by him shall have the right of entry at any reasonable time to inspect his property and/or the farming methods being used. production year, the Lessee shall have the right of entry for the If this lease is terminated before the end of the normal purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm pratices, 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. ASSIGNMENT: This lease shall not be assigned by the Lessee without the express written consent of City. I- - - Lease - City-owned Property (DeBack Farms) - Page 2 e RENEWAL: This lease is not subject to automatic renewal, but may be renewed with the approval of the Common Council on an annual basis upon such terms and conditions as the parties may agree to. Pursuant to Resolution 11281-89 passed and approved by the Common Council of the City of Muskego, this lease is hereby executed this day of , 1989. Harold R. DeBack, DeBack Farms Wayne G. Salentine, Mayor MCC : Lease