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CCR1991042COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #42-91 ACCEPTANCE OF BID AND APPROVAL OF LEASE AGREEMENT FOR CITY-OWNED LAND (PARKLAND PLAZA-PHASE IV) WHEREAS, the lease of land described as Parcel 2, Parkland Plaza - Phase IV, and which was donated to the City of Muskego for park purposes, was advertised for bids, and WHEREAS, one bid was received as follows: Jerald A. Hulbert $300.00 WHEREAS, the Finance Committee has recommended acceptance of the bid from Jerald Hulbert in the amount of $300.00. 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 Jerald Hulbert for year in the amount of $300.00. lease of Parcel 2, Parkland Plaza - Phase IV for the 1991 crop BE IT FURTHER RESOLVED that the attached lease agreement between Jerald Hulbert 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 12TH DAY OF MARCH, 1991. 0 FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders ATTEST: City Clerk 3/91 LEASE OF CITY-OWNED LAND PARKLAND PLAZA - PHASE IV 1991 CROP YEAR and Recreation Board, Lessor, and Jerald Hulbert, Lessee. The property, which is the subject of this lease, is THIS AGREEMENT is made between the City of Muskego Parks described as follows, to-wit: Land donated to City for park purposes in Parkland Plaza - Phase IV RENTAL: The rental of said property shall be the sum of $300.00 for the 1991 growing season, with the full payment due on April 15, 1991. CONDITIONS: The existing trees and woodland areas are to be left as is. Lease is only in effect as long as Lessor has possession of land. 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 $100,000 for any one person killed or injured, $200,000 for any one accident and $50,000 property damage. A certificate of insurance to this effect must be on file with the Parks and Recreation Department of the City of Muskego prior to entering said property. LIABILITY INSURANCE: Lessee shall, at his own expense, at him shall have the right of entry at any reasonable time to inspect his property and/or the farming methods being used. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by 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 The Lessee shall present, in writing to the Lessor, his claim lessor shall reimburse the Lessee for such labor or expense. termination of this lease. for such reimbursement at least thirty (30) days before the '3 Lease of City-Owned Land Parkland Plaza-Phase IV * 1991 Crop Year - Page 2 0 If the land is not used for active cropping, a grassy cover crop must be planted on the land, acceptable to the Parks and Recreation Board. If the land will be placed in the "set-aside program," all ASCS guidelines must be followed. ASSIGNMENT: This lease shall not be assigned by the Lessee without the express written consent of Parks and Recreation Board of the City. but may be renewed with the approval of the Common Council on an RENEWAL: This lease is not subject to automatic renewal, annual basis upon such terms and conditions as the parties may agree to. Common Council of the City of Muskego, this lease is hereby executed this - day of , 1991. Pursuant to Resolution #42-91, passed and approved by the Jerald Hulbert, Lessee Jerald Hulbert, President Parks and Recreation Board Wayne G. Salentine, Mayor City of Muskego, Lessor mITY/muNcIL: LS-LIpD2 3I9lcac