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CCR1994130cornon COUNCIL - CITY OF MUSKEGO RESOLUTION #130-94 APPROVAL OF RENEWAL OF LEASE AGREEMENT FOR CITY-OWNED LAND Parkland Plaza Phase IV WHEREAS, in the past the City of Muskego has leased the land described as Parcel 2, Parkland Plaza Phase IV, and which was donated to the City of Muskego for park purposes; and WHEREAS, the lease can be renewed upon approval of the Common Council; and WHEREAS, Jerald Hulbert, the present lessee, desires to renew the lease agreement for the 1994-1995 year; and WHEREAS, the Parks and Recreation Board and Finance Committee have recommended approval of renewal of the lease agreement for the city-owned land for the 1994-1995 crop years between the City of Muskego and Jerald Hulbert in the amount of $1.00. 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 attached lease agreement of Parcel 2, Parkland Plaza Phase IV, for the 1994-1995 crop years in the amount of $1.00. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the lease agreement in the name of the City. DATED THIS 24TH DAY OF MAY , 1994 SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. David J. Sanders Ald. Edwin P. Dumke This is to certify that this is a true and accurate copy of Resolution #130-94 which was adopted by the Common Council of the City of Muskego. 5/94 jmb LEASE OF CITY-OWNED LAND PARKLAND PLAZA 1994-1995 CROP YEARS THIS AGREEMENT is made between the City of Muskego Parks and Recreation Board, Lessor, and Jerald Hulbert, Lessee. described as follows, to-wit: The property, which is the subject of this lease, is Land donated to City for park purposes in Parkland Plaza RENTAL: The rental of said property shall be the sum of ONE ($1.00) DOLLAR for the 1994-95 growing seasons. be left as is. Lease is only in effect as long as Lessor has possession of land. CONDITIONS: The existing trees and woodland areas are to 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 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. 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 If this lease is terminated before the end of the normal the purpose of the annual harvesting of crops seeded before the practices, or to sell his interest in such annual crops whether termination of the lease in accordance with normal farm does not interfere with normal field operations of the to the Lessor or to the succeeding Lessee provided the Lessee succeeding season. 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. If this lease is terminated before the Lessee shall have Lease of City-Owned Land Parkland Plaza 1994-95 Crop Years Page 2 If the land is not used for active cropping, or at end of lease period, 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 , 1994. Pursuant to Resolution #130-94 passed and approved by the Jerald Hulbert, Lessee Ronald Stephens Vice President Parks and Recreation Board David De Angelis, Mayor City of Muskego, Lessor TXTCITP/COUNCIL: LS-LND2 0 3/92jm