CCR1991130COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #130-91
BETWEEN KENNETH AND JUDITH GRENZ AND CITY OF MUSXEGO
APPROVAL OF LEASE AGREEMENT
(Idle Isle Park Pavilion)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Parks & Recreation Board and the
Finance Committee, does hereby approve the attached Lease
Agreement between Kenneth & Judith Grenz and the City of Muskego
regarding the Idle Isle Park Pavilion.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the documents in the name of the City.
DATED THIS 28TH DAY OF MAY , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
ATTEST :
City Clerk
5/91cac
e This agreement is made between the Parks and Recreation Board, City of Muskego (City) and KENNETH RND JUDITH GRENZ (Lessee). 1
The City hereby agrees to lease to and Kenneth and Judith Grenz agree to lease from
City the following described real estate.
Portion of park pavilion, as detailed in Exhibit "A",
located at W182 S6666 Hardtke Drive, that part of the
West half (W 1/2) of Section 4, Township 5 North,
Range 20 East, and part of the Southwest Quarter and
island 7.5 acres, Volume 1185367, also known as tax
key MSKC 2174.959.
- TERM: This lease shall commence on the fifteenth day of May, 1991 and terminate on September 15, 1991. The rental, therefore, shall be in the sum of $100 per
month for each June, July, August and $50 per month for May and September during
the term of the lease, payable on the fifteenth day of each month commencing with
the fifteenth day of May, 1991. A security deposit of $100 is due on the fifteenth
and half monthly rental (May, September) will increase to $125 at the point in time
day of May, 1991 Full monthly rental (June, July, August) will increase to $250
All payments shall be made payable to "City of Muskego" and received at Muskego
when the installation of a ventilating/exhaust fan becomes usable to the lessee.
Parks and Recreation Department, P. 0. Box 903, Muskego WI 53150.
PURPOSE: The purpose of this lease is to allow Kenneth and Judith Grenz to use
the public patronizing the park.
USE OF PREMISES: The use of the park pavilion shall be for the sale of soft
drinks, coffee, packaged goods (ice cream, snack foods, candy, chewing gum and
cigarettes), pizza, hot dogs and assorted sandwiches.
Any additional uses or sale of items must be presented to the Parks and Recreation
Board for review and approval. Failure to comply with these uses is subject to
termination by the Parks and Recreation Board.
MAINTENANCE AND OPFRATION: The Lessee shall be solely responsible for
maintaining the improvements they make to the rental property in good condition
during the term of this agreement. The Lessor shall be responsible for maintaining
the building as it now exists. Any improvements, additions or install improvements
are subject to prior review and approval by the Parks and Recreation Board. The
Lessee shall obtain from duly prescribed officials the permits necessary to operate
a concession stand 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.
demanded by, all health departments and pure food examiners, and also that the
Lessee agrees that they will maintain all premises in a manner consistent with, or
premises will at all times be kept open for the proper inspection by duly
jurisdiction thereto.
prohibited.
The use of loud or profane language, boisterous or lewd conduct will be strictly
said premises for the operation of a concession stand to provide food and soda to
..a authorized representatives of the City of Muskego or any other agency having
Idle Isle Concession Stand Lease (Grenz) 2
Lessee will agree not to allow any person to live or sleep on the premises without
the permission of the duly authorized official of the City of Muskego.
Lessee agrees to comply with all laws and ordinances which are now in effect to
govern conduct of a business or concession such as now maintained.
Lessee agrees to employ competent persons to be in attendance on premises used by
them, and that at no time will there be less than one adult constantly in charge of
said premises only during hours of their operation.
premises used by them or at a prescribed distance from such facility used by them.
Lessee agrees that they will not allow to accumulate rubbish in any form on the
Lessee must provide adequate waste receptacles in the building and shall also be
responsible for removing waste from their operation from the facility. The City
will not provide garbage service for their operation.
The Lessee agrees that any equipment or booths needed by them for the operation of
Recreation Board and that they will remove any such stands not so approved.
their concession program will be placed only on locations approved by the Parks and
The hours of operation 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 thru September unless inclement weather makes it impossible.
Such time will be documented.
of May $15.50, June $31.00, July $84.50, August $31.00, September $15.50. The
UTILITIES: The Lessee shall be responsible for electric costs above the amount
Lessee will not have any use of the telephone for their concession service.
If Lessee is desirous of heating the building, such will be done at their expense.
An annual payment for these utility charges must be received at the Muskego Parks
and Recreation Department, P. 0. Box 903, Muskego WI 53150, no later than October
15th of each year.
DAMAGES OR DESTRUCTION OF PREMISES: If the premises are destroyed by fire,
either party shall cease and come to an end. But in case of any partial damage,
flood, casualty, war or any other purpose, then the agreement at the option of
the City of Muskego may restore the premises to the previous condition and a just
portion of the rent for the period the concessionaire was not allowed the use of
the premises, be refunded or not demanded by the City of Muskego.
INSURANCE: The City shall not be liable to the Grenzs, 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
premises as herein provided. The Lessee shall hold harmless and indemnify the City
by reason or arising by, through or out of the Grenzs' right to use and improve the
from any such costs, claims, damages, expenses and liabilities and shall further
maintain in force at all times during the term hereof, a policy of public liability
insurance insuring itself and the City against 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
liability insurance from May 1st through September 30th of 1991. If Lessee shall
commence any type of grill or frying operation, they shall carry during the term of
against loss or damage by fire and perils covered by the standard policy of
the lease insurance insuring the building and anything therein belonging to Lessor
-
Idle Isle Concession Stand Lease (Grenz) 3
extended coverage insurance in an amount equal to, at least, 80% of the full
replacement value thereof and under such insurance, the City shall be named insured.
COVENANTS OF LESSEE: Lessee agrees to and their agents or employees shall at all
times comply with all rules and regulations adopted by the City of Muskego. Lessee
property of the City of Muskego to be repaired if such damage is caused by the
agrees that they will, at their own expense, cause all damage or injury to the
Lessee, their agents or employees.
COVENANTS OF CITY OF MUSKEGO: The City of Muskego agrees that the Lessee, in
performance by the Lessee of all terms and conditions as agreed, shall have the
consideration of the sums to be paid to the City of Muskego and the full
exclusive privilege and license of conducting the concession as herein defined.
ADVERTISING: Lessee agrees that no sign or advertising matter of any kind shall
be displayed unless approved by the Parks and Recreation Board and, if necessary,
plan Conmission of the City of Muskego.
ASSIGNMENT OF SLlBLETTING: Lessee shall not, without written consent of the City
of Muskego, sublet the premises or any part thereof, nor assign, hypothecate or
mortgage the agreement.
CITY’S RIGHT TO ENTRY: Those persons representing the City of Muskego reserve
the right, exercisable at any time during the term hereof, or extension thereof, to
enter the premises for the purpose of making repairs to the building for the proper
preservation and maintenance of said premises and lifeguards and park attendants
for access to the telephone for emergency situations. A list of people to be
amended from time to time on reasonable notice.
RENEWAL: This lease may be renewed at the expiration of the term hereof at the
option of Lessee for the 1992 rental period (May 15, 1992-September 15, 1992) upon
the same terms and conditions if the Lessee notifies the City of Muskego in writing
of its intention to renew the lease on or before December 31, 1991.
TERMINATION: 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 to remove any walls or other items which it may have
constructed during the term of this lease and shall not do so. Any appliances or
equipment remaining on the premises 30 days after expiration or other termination
of this lease shall be deemed abandoned and shall become property of the City.
Lessee agrees that they will peaceable vacate all premises occupied by them and
ordina-y wear and tear, damage by fire and by the elements excepted.
deliver to the City of Muskego in good condition all premises used by them,
0 allowed on the premises will be provided by the Lessor to the Lessee and may be
Idle Isle Concession Stand Lease (Grenz) 4
STATE OF WISCONSIN
WAUKESHA COUNTY 0 Personally came before me this day of c.Lb''.*L , 1991
and 1; to me known to be the
persons who executed the foregoing instrument.
(+w,JLu Q, .$,(dJL
Notary public, Waukesha County
MY Commission Expires '7" i/-5 3
PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and
approved the day of MAY , 1991, this lease is hereby executed.
By : e&JK "L 9y : U
ean K. Marenda /Wayne-G. Salentine
ity Clerk Mayor
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this A day of -T,,# e , 1991, fh
JEAU I(.~A~EMQA and WAYNe 6. SALeNTtrJE to me known to be
the persons who executed the foregoing instrument, on behalf of the City of Muskego
/ 4&w ,I # , A*.dAd
Wi'ary Public, kaukesha County
MY commission Expires