CCR2000070COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #70-2000
APPROVAL OF LEASE AGREEMENT WITH KARL THIESENHUSEN
FOR LEASE OF PARK ARTHUR
WHEREAS, Karl Thiesenhusen leased Park Arthur park land in 1999 and wishes to
lease the same property in 2000; and
WHEREAS, The Lease Agreement, as attached, has been reviewed by the Parks and
Recreation Board and the Finance Committee and both entities have recommended
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Parks and Recreation Board and the
Finance Committee, does hereby approve of the Lease Agreement with Karl
Thiesenhusen for lease of Park Arthur park land.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
Agreement in the name of the City.
BE IT FURTHER RESOLVED That the revenue collected for said lease in the amount
of $750 will be olaced in the Park Dedication Account as reauired by the DNR.
DATED THIS 28th DAY OF March ,2000.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #70-2000 which was
adopted by the Common Council of the City of Muskego.
THIS AGREEMENT is made between the City of Muskego Parks and Recreation Board, Lessor,
and Karl Thiesenhusen, Lessee.
The property which is the subject of this lease is described as follows, to-wit:
PARK ARTHUR:
Parcel 1: The Northwest 114 of the Northeast 114 Section 4, Town 5 North, Range 20 East in the
City of Muskego, County of Waukesha, State of Wisconsin
EXCEPTING THEREFROM Certified Survey Map No. 4239 recorded October 27,
1982 in Volume 33 of Certified Survey Maps on pages 248,249, and 250, as
Document No. I195041
FURTHER EXCEPTING THEREFROM that part conveyed in Quit Claim Deed
recorded October 29,1982 on Reel 513, Image 895, as Document No. 1195365,
a Parcel 2: That part of the East 112 of the Northeast 114 Section 4, Town 5 North, Range 20 East,
in the City of Muskego, County of Waukesha, State of Wisconsin, described as follows:
Beginning at the 118 post on the North side of said Northeast 114 of Section 4 and
thence running south on the 118 line 35 chains and 58 links (2414.28 feet) to the East
and West 114 line through said Section 4; thence East on said 114 line 7 chains and 30
links (481.80 feet); thence North parallel to said 118 line 36 chains and 58 links(24.28
feel) lo the North line of said Section 4; thence West on said Section line 7 chains and
30 links (481.80 feet) to the place of beginning. EXCEPTING THEREFROM the South
950.00 feet of the above described parcel
TOTAL AREA TO BE LEASED IS 46 ACRES AS OUTLINED ON EXHIBIT A, AND ACCORDING TO
THE FOLLOWING FOUR SECTIONAL CONDITIONS:
Section A: No row cropping allowed. City will provide a grass cover seed that lessee must plant
(14 acres) and cut.
Section E: Refer to Special Conditions, Item #3.
(1 3 acres)
Section C: Row cropping allowed with the exception of 25' grassy waterway as staked out by
(15 acres) the Parks & Recreation Department, weed tipping area (100 x 100) at northeast
a corner of land as located on Section C of map, and 100-wide path on hill area where
fill will be placed for future park use.
Rent will be $50.00 per acre. I Section D: Only the cutting of the grassland will be allowed
(4 acres)
Total Acres = 46
Park Amur Lease 2
e RENTAL. The rental of said property shall be for the term of one (1) year, commencing on the 1st
day of January, 2000, and ending the 31st day of December, 2000, with payment due on that date.
SPECIAL CONDITIONS: (1) Any chemical usage be approved by the Parks & Recreation Director
prior to application.
(2) All erosion control andlor farming methods recommended by the
City's soil erosion inspector be put in place and practiced.
(3) The existing trees and woodland areas are to be lefl as is.
LIABILITY INSURANCE: Lessee shall, at his own expense and 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 $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000
property damage. A certificate of insurance to this effect must be on file with the Parks and Recreation
Department prior to entering said property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of
entry at any reasonable time to inspect their property andlor the farming methods being used.
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 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 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
N.R.C.S. guidelines must be followed.
ASSIGNMENT. This lease shall not be assigned by the Lessee without the express written
consent of the Parks & Recreation Board.
RENEWAL. This lease is not subject to automatic renewal
Park Arthur Lease 3
0 Pursuant to Resolution #- passed and approved on by the Common
Council of the City of Muskego, this lease is hereby executed this - day of ,2000.
Lessee
Jerald Hulbert, President
Parks & Recreation Board
David L. De Angelis, Mayor
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