CCR1991178AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #178-91
APPROVAL OF AMENDED LEASE AGREEMENT BETWEEN
THE CITY OF MUSKEGO AND THE MUSKEGO HISTORICAL SOCIETY, INC.
WHEREAS, the City approved a five-year lease agreement with the
Muskego Historical Society in Resolution #272-85.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the Amended Lease Agreement
between the City of Muskego and the Muskego Historical Society,
Inc., as attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the attached lease agreement as amended in the name
of the City.
DATED THIS 15TH DAY .OF JULY , 1991.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
Resolution #178-91 which was adopted by the Common Council of
the City of Muskego.
1/91cac
AMENDED LEASE AGREEHENT BETWEEN THE CITY OF MUSKEG0
AND THE MUSKEG0 HISTORICAL SOCIETY, INC.
This agreement is made this 16th day of July , 1991 by and
between the City of Muskego, a municipal corporation, hereinafter called the
corporation, in accord with Wisconsin Statute 44.03 (l), hereinafter called
"City," and the Muskego Historical Society, Inc., a non-stock, non-profit
"Lessee. I'
premises, appurtenances thereto, known as the Old Town Hall of the City of
Muskego, having the post office address of Wl80 58100 Pioneer Drive, Muskego,
Wisconsin, and the Old Muskego Settlement Centre and having the post office
address of W183 S8100 Racine Avenue, Muskego, Wisconsin, for the purpose of
using same as sites for the Muskego Historical Society.
Whereas, the Lessee is desirous of renting the certain buildings and
It is hereby agreed between the parties as follows:
The City does hereby lease to the Lessee and the Lessee does hereby lease
from the City, the following described real estate:
Old Town Hall
Pt SE 1/4 Sec 9 T5N R2OE Lot 36-40 Blk 2 Unrec.
Dreikoaen's Vol. 647 of Deeds, P. 285
Old Muskego Settlement Centre
Pt of NW 1/4 Sec 16, T5N R2OE Com NE Cor of NE 1/4 S
then cont W 1076.23 ft. then N 33' E 202.17 Ft. then W to
1323.35 ft. & W270 ft the W line of Pioneer Dr (the bgn)
E R-0-W Racine Ave then SEly along Racine Ave R-0-W 600
Ft. then E 1060 Ft. then NEly along Pioneer Dr to point of
beginning excluding the portion as marked on "Exhibit A,"
attached.
including buildings and appurtenances thereto.
In consideration of the payment of one ($1.00) dollar per year by the
Lessee to the City as rent for the premises, the parties hereto do agree as
follows:
from the City, the Old Town Hall property and the Old Muskego Settlement
Centre.
1. The City hereby leases to the Lessee, and the Lessee hereby leases
2. This lease is for an undetermined term commencing on October 23, 1990
0 at the rental of One ($1.00) Dollar per year and shall terminate upon either
party giving written notice of said termination to the other. Upon such
notice, the lease will terminate four (4) years from the date of said notice.
Muskego Historical Society Lease - 1991 2
3. The City shall pay for any expenses for well maintenance and well
repair.
the demised premises, and maintain the interior in good condition. Lessee
shall make all exterior repairs, including repairs of the roof, and walkways,
as well as repairs as required because of water entering the premises from the
roof or other parts of the building or from other causes not under the control
of the Lessee, with the exception of the paved parking lot which the City
agrees to maintain. Lessee shall maintain the exterior of the buildings and
adjacent areas in good condition.
4. Lessee shall make all necessary incidental repairs to the interior of
5. Lessee agrees to assume and fulfill at its expense, all development,
improvements and maintenance of the Old Town Hall building and undeveloped
improvements and maintenance of the Old Muskego Settlement Centre
buildings, walkways, roads, parking lot, trees, shrubbery, flowers and signs.
the sites and to plow snow from the roads and the parking lot on a
non-priority basis. The City also agrees to maintain and keep clear the
by the Lessee, an hourly rate and/or materials charge will be assessed to
access road and parking lot at Old Town Hall. If extra services are requested
Lessee and paid to the City.
6. The City agrees to maintain major grass areas and parking areas of
7. The City, shall, at its expense, at all times during the term of this
lease, maintain in force a policy or policies of insurance, which will insure
the City against liability for injury to or death of persons or loss of damage
to property occurring in or about the demised premises. Such insurance shall
not be less than $500,000 combined single limit for bodily injury or property
damage. The City shall provide all risk insurance for physical damage for the
buildings. The City shall be held harmless for any loss or damage to the
contents of the buildings. In the event that part of all of the buildings
named herein are damaged or destroyed by fire, water, wind, vandalism, or any
reconstruction, replacement or repair of the damaged property.
act of God, the City agrees that the insurance proceeds shall be used for the
8. The Lessee will not use or keep in or about the premises any article
which would in any way affect the validity of the City's fire insurance policy.
9. Lessee has examined and knows the condition of the premises and
receives the same on an "as is" basis.
10. Lessee will conform to rules and regulations of all governmental
authorities as defined under City ordinances.
11. Any changes desired by Lessee in the site/structural plans for Old
Town Hall or Old Muskego Settlement Centre, must have the prior approval
Muskego. Such alterations/additions shall become part of the premises, and
of the Parks and Recreation Board and Plan Commission of the City of
shall not therefore be removed without the consent of the City.
premises in repair, nor damage caused by or from plumbing, water or roof
12. The City shall not be liable for any damage for failure to keep
leaks, with the exception of damage caused by or as a result of water usage
from the adjacent parks garage.
Muskego Historical Society Lease - 1991 3
13. Lessee shall furnish the City with a brief written report by
maintenance of the Old Town Hall and Old Muskego Settlement Centre.
September 1 of each year concerning the renovations, restoration, and
14. Lessee shall provide the City keys to the Old Town Hall and Old
Muskego Settlement Centre buildings at the time the lease is signed. The
Old Town Hall for the purpose of maintenance of the well and any related work.
necessary keys shall be made available to the Parks Director for access to the
15. The City will establish a trust fund in which any money received from
Warner Cable Communications, Inc., pursuant to an agreement with Ingersoll
Cable Corporation dated March 22, 1985, will be placed. That money placed in
said trust fund will be used for Muskego Historical Society requested
expenditures which have been reviewed by the Parks and Recreation Board and
approved by the Common Council of the City of Muskeg0 for Old Muskego
Settlement centre purposes only.
16. Lessee shall not assign this lease without first obtaining the
written consent of the City of Muskego.
term of this lease or any renewal thereof or if default is made in the payment
of rent or any breach in the performance of any of the covenants herein
contained, or a violation of any of the terms and conditions hereof, the City
or its representatives may terminate this lease upon 30 days' notice and may
re-enter the premises without liability to the Lessee or any of its assigns or
sub-lessees. City shall be entitled, nevertheless, to hold the Lessee liable
for any charges due and to become due to the City by virtue of this Lease.
18. If the lessee shall become inactive or defunct, Wisconsin Statute
17. If the rented premises shall be deserted or become vacant during the
44.03 (3) (and amendments thereto or Successor Statutes) shall apply to the
title to the property of said Lessee.
19. The Muskego Historical Society agrees that all records of the
time during this lease period upon five (5) days' notice.
Society shall be made available to the City of Muskego for inspection at any
20. The City recognizes that the artifacts at the Old Town Hall and Old
Muskego Historical Society and its members and during the term of this lease
Settlement Centre became a reality because of the efforts and funds of the
agrees that the artifacts shall not be sold or otherwise altered in any way
without first obtaining the approval of the Muskego Historical Society.
Further, the Muskego Historical Society agrees not to sell Or otherwise
alter the artifacts without the City's approval.
21. The lessee's interests under this lease are subordinate to those of
the City and any fire department with which the City has a contract in that
during the term of the lease the City and/or any fire department, with which
leased premises during the term of the lease making use of any portion of said
it has a contract, may construct and occupy a fire department building on the
premises which is necessary for the fire department use.
22. The lessee's interests are also subordinate to that of the use by
the City and/or its representatives in conducting the Muskego Community
Muskego Historical Society Lease - 1991 4
m Festival on the leased premises and during the term of the lease, the City
and/or its representatives may construct any structure it deems necessary in
the conduct of such festivals.
CITY OF MUSKEGO MUSKEGO HISTORICAL SOCIETY, INC.
Mayor President
City Clerk Secretary
p(TSTD:I.EsEm8
7/91sjd
COMMON COUNCIL - CITY OF MUSKEG0 %%
RESOLUTION #178-91
THE CITY 0 E MUSKEGO HISTORICAL SOCIETY, INC.
LEASE AGREEMENT BETWEEN
WHEREAS, the five-year lease agreement with the
Muskego Historical iety in Resolution #272-85.
NOW, THEREFO hat the Common Council of the
Committee, d e the Amended Lease Agreement
City of Musk endation of the Finance
between the nd the Muskego Historical Society,
Inc., as att ade a part hereof.
BE IT FURTHE e Mayor and Clerk are authorized
to execute t agreement in the name of the City.
DATED THIS DAY OF , 1991.
\ SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
This is to certify that this is a true and
Resolution #178-91 which was adopted by the
the City of Muskego.
\ City Clerk
7/91cac \
AMENDED LEASE AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND THE MUSKEGO HISTORICAL SOCIETY, INC.
between the City of Muskego, a municipal corporation, hereinafter called the
This agreement is made this - day of , 1991 by and
"City," and the Muskego Historical Society, Inc., a non-stock, non-profit
corporation, in accord with Wisconsin Statute 44.03 (l), hereinafter called
"Lessee. "
Whereas, the Lessee is desirous of renting the certain buildings and
premises, appurtenances thereto, known as the Old Town Hall of the City of
Muskego, having the post office address of W180 58100 Pioneer Drive, Muskego,
Wisconsin, and the Old Muskego Settlement Centre and having the post office
address of W183 S8100 Racine Avenue, Muskego, Wisconsin, for the purpose of
using same as sites for the Muskego Historical Society.
It is hereby agreed between the parties as follows:
The City does hereby lease to the Lessee and the Lessee does hereby lease
from the City, the following described real estate:
Old Town Hall
Pt SE 1/4 Sec 9 T5N R20E Lot 36-40 Blk 2 Unrec.
Dreikosen's Vol. 647 of Deeds, P. 285
Old Muskego Settlement Centre
Pt of NW 1/4 Sec 16, T5N R20E Com NE Cor of NE 1/4 S
thn cont W 1076.23 ft. thn N 33' E 202.17 Ft. thn W to
1323.35 ft. & W270 ft the W line of Pioneer Dr (the bgn)
E R-0-W Racine Ave then SEly along Racine Ave R-0-W 600
Ft. thn E 1060 Ft. then NEly along Pioneer Dr to pnt of
bgn excluding the portion as marked on "Exhibit A,"
attached.
including buildings and appurtenances thereto.
Lessee to the City as rent for the premises, the parties hereto do agree as
follows:
In consideration of the payment of one ($1.00) dollar per year by the
1. The City hereby leases to the Lessee, and the Lessee hereby leases
from the City, the Old Town Hall property and the Old Muskego Settlement
Centre.
October 23, 1990 at a rent of One ($1) Dollar per year, except that the City,
2. The term of this lease shall be for five (5) years commencing on
for no cause, at its sole discretion, may terminate the option to renew this
giving written notice of the same to the lessee at least forty-five (45) days
lease at the end of any annual lease period comencing on October 22, 1991 by
October 22, 1991.
prior to October 22nd of each year during said lease term commencing with
3. The City shall pay for any expenses for well maintenance and well
repair.
Lease, Muskego Historical Society 2
the demised premises, and maintain the interior in good condition. Lessee
shall make all exterior repairs, including repairs of the roof, and walkways,
as well as repairs as required because of water entering the premises from the
roof or other parts of the building or from other causes not under the control
of the Lessee, with the exception of the paved parking lot which the City
agrees to maintain. Lessee shall maintain the exterior of the buildings and
adjacent areas in good condition.
4. Lessee shall make all necessary incidental repairs to the interior of
improvements and maintenance of the Old Town Hall building and undeveloped
improvements and maintenance of the Old Muskego Settlement Centre buildings,
walkways, roads, parking lot, trees, shrubbery, flowers and signs.
5. Lessee agrees to assume and fulfill at its expense, all development,
the sites and to plow snow from the roads and the parking lot on a
non-priority basis. The City also agrees to maintain and keep clear the
by the Lessee, an hourly rate and/or materials charge will be assessed to
access road and parking lot at Old Town Hall. If extra services are requested
Lessee and paid to the City.
6. The City agrees to maintain major grass areas and parking areas of
7. The City, shall, at its expense, at all times during the term of this
the City against liability for injury to or death of persons or loss of damage
lease, maintain in force a policy or policies of insurance, which will insure
not be less than $500,000 combined single limit for bodily injury or property
to property occurring in or about the demised premises. Such insurance shall
buildings. The City shall be held harmless for any loss or damage to the
damage. The City shall provide all risk insurance for physical damage for the
contents of the buildings. In the event that part of all of the buildings
named herein are damaged or destroyed by fire, water, wind, vandalism, or any
act of God, the City agrees that the insurance proceeds shall be used for the
reconstruction, replacement or repair of the damaged property.
8. The Lessee will not use or keep in or about the premises any article
which would in any way affect the validity of the City's fire insurance policy.
9. Lessee has examined and knows the condition of the premises and
receives the same on an "as is" basis.
10. Lessee will conform to rules and regulations of all governmental
authorities as defined under City ordinances.
11. Any changes desired by Lessee in the site/structural plans for Old
Town Hall or Old Muskego Settlement Centre, must have the prior approval of
the Parks and Recreation Board and Plan Commission of the City of Muskego.
Such alterations/additions shall become part of the premises, and shall not
therefore be removed without the consent of the City.
premises in repair, nor damage caused by or from plumbing, water or roof
12. The City shall not be liable for any damage for failure to keep
leaks, with the exception of damage caused by or as a result of water usage
from the adjacent parks garage.
Ledar, Muskego Historical Society 3
13. Lessee shall furnish the City with a brief written report by
maintenance of the Old Town Hall and Old Muskego Settlement Centre.
September 1 of each year concerning the renovations, restoration, and
14. Lessee shall provide the City keys to the Old Town Hall and Old
Muskego Settlement Centre buildings at the time the lease is signed. The
Old Town Hall for the purpose of maintenance of the well and any related work.
necessary keys shall be made available to the Parks Director for access to the
15. The City will establish a trust fund in which any money received from
Warner Cable Communications, Inc., pursuant to an agreement with Ingersoll
Cable Corporation dated March 22, 1985, will be placed. That money placed in
said trust fund will be used for Muskego Historical Society requested
expenditures which have been reviewed by the Parks and Recreation Board and
approved by the Common Council of the City of Muskego for Old Muskego
Settlement Centre purposes only.
written consent of the City of Muskego.
16. Lessee shall not assign this lease without first obtaining the
17. If the rented premises shall be deserted or become vacant during the
of rent or any breach in the performance of any of the covenants herein
term of this lease or any renewal thereof or if default is made in the payment
or its representatives may terminate this lease upon 30 days' notice and may
contained, or a violation of any of the terms and conditions hereof, the City
re-enter the premises without liability to the Lessee or any of its assigns or
sub-lessees. City shall be entitled, nevertheless, to hold the Lessee liable
for any charges due and to become due to the City by virtue of this Lease.
18. If the lessee shall become inactive or defunct, Wisconsin Statute
44.03 (3) (and amendments thereto or Successor Statutes) shall apply to the
title to the property of said Lessee.
19. The Muskego Historical Society agrees that all records of the Society
shall be made available to the City of Muskego for inspection at any time
during this lease period upon five (5) days' notice.
20. The City recognizes that the artifacts at the Old Town Hall and Old
Muskego Historical Society and its members and during the term of this lease
Settlement Centre became a reality because of the efforts and funds of the
without first obtaining the approval of the Muskego Historical Society.
agrees that the artifacts shall not be sold or otherwise altered in any way
Further, the Muskego Historical Society agrees not to sell or otherwise alter
the artifacts without the City's approval.
21. The Muskego Historical Society agrees that the fire department be
granted establishment of a new building on the site.
Lease, Muskego Historical Society 4
22. The Muskego Historical Society recognizes that the Muskego Community
Festival be ensured access to the site grounds..
CITY OF MUSKEGO MUSKEGO HISTORICAL SOCIETY, INC.
Mayor President
City Clerk Secretary