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CCR2001017AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #17-2001 APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO AND MUSKEGO CHAMBER OF COMMERCE 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, as amended, between the City of Muskego and Muskego Chamber of Commerce to allow the Chamber to use premises at City Hall for the operation of a Chamber office open to the public. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to execute the Lease Agreement in the name of the City. DATED THIS 23'' DAY OF JANUARY ,2001 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 #I 7-2001 which was adopted by the Common Council of the City of Muskego. 1lOljmb W LEASE This agreement is made between the City of Muskego (City) and the Muskego Chamber of Commerce, a nonprofit Wisconsin Corporation (Chamber). The City hereby agrees to lease to and the Chamber agrees to lease from City the following described property. Room # 1 I 1 consisting of 169 square feet on the west side of the building addressed W I82 S8200 Racine Avenue, Muskego WI 53150. m: This lease shall commence on Jan I, 2001 and terminate on December 31, 2001 The rental cost shall be One Hundred Forty dollars ($140.00) per month during the term of the lease. A security deposit of one month's rent is due on the first (1st) day of every month. All payments shall be made payable to "City of Muskego" and received at City Hall c/o City ClerWTreasurer, P 0. Box 749, Muskego W1 53 150. All payments received after the 1 5Ih of any month shall be charged interest at I .5% per month. PURPOSE: The purpose of this lease is to allow the Chamber to use said premises for the operation of a Chamber office open to the public. USE OF PREMISES: The use of said premise shall be limited to office activities only. Lessee shall have access to all public lobby spaces including restroom facilities. All other facility usage must have prior authorization of the City of Muskego. MAINTENANCE AND OPERATION: The Lessee shall be solely responsible for maintaining the rental property in good condition during the term of this agreement. Any improvements, additions or installed improvements are subject to prior review and approval by the City. 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. Lessee agrees that they will not be allowed to accumulate rubbish in any form on the premises used by them or at a prescribed distance from such facility used by them. The City will provide garbage service for their operation. The hours of operation shall when practical coincide with the hours of City Hall (8:OO a.m.-4:30 p.m.). Lessee must maintain at least ten to fifteen (10-15) hours per week. Lessee will be responsible for securing the building if used after regular business hours and will have building access only from first floor. UTILITIES: All electric and heat will be provided by the City. Any phone service will be the responsibility ofthe Chamber. Access to the City phone system will be permitted provided proper terms for reimbursement are made. 0 DAMAGES OR DESTRUCTION OF PREMISES: If the premises are destroyed by fire, flood, casualty, war or any other purpose, then the agreement at the option of either party shall cease and come to an end. But in case of any partial damage, the City of Muskego may restore the premises to the previous condition and a just portion of the rent for the period the Chamber 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 Lessee, 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 by reason or arising by, through or out of the Lessee's right to use and improve the premises as herein provided. The Lessee shall hold harmless and indemnify the City 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 $I ,000,000 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 through the term or the original lease and all renewals. 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 agrees that they will, at their own expense, cause all damage or injury to the property of the City of Muskego to be repaired if the Lessee, their agents or employees cause such damage. COVENANTS OF CITY OF MUSKEGO: The City of Muskego agrees that the Lessee, in consideration of the sums to he paid to the City of Muskego and the full performance by the Lessee of all terms and conditions as agreed, shall have the exclusive use of said office as herein defined. ADVERTISING: Lessee agrees that no sign or advertising matter of any kind shall be displayed on the building or grounds at City Hall unless approved by the City and, if necessary, Plan Commission of the City of Muskego. ASSIGNMENT OR SUBLETTTNG: 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. The City is under no obligation to ever allow an assignment or subletting. 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. A list of people to be allowed on the premises will be provided by the Lessor to the Lessee and may be amended from time to time on reasonable notice. RENEWAL: This lease may he renewed at the expiration of the term hereof at the option of Lessee for the 2002 rental period (January lst, 2002-December 3 1 st, 2002) 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 October 3 I st, 2001 and the Lessee has not received a non-renewal notice from the City on or before October 3lS', 2001 0 -2- 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 there from all of its appliances and equipment, placed thereon, and maintained by the Lessee in the operation of said operation. Lessee shall not be required to remove any walls or other items that 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 peaceably vacate all premises occupied by them and deliver to the City of Muskego in good condition all premises used by them, ordinary wear and tear, damage by fire and by the elements excepted. DATED THIS - DAY OF ,2001 Muskego Chamber of Commerce, A Nonprofit Wisconsin Corporation STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this -day of ,2000 and to me known to be the persons who executed the foregoing instrument. Notary Public, Waukesha County My Commission Expires PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and approved the - day of ,2000, this lease is hereby executed. By: By: Jean K. Marenda David De Angelis Clerk-Treasurer Mayor STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this - day of ,2001, and to me known to be the persons who executed the foregoing instrument, on behalf of the City of Muskego. Notary Public, Waukesha County My Commission Expires -3- COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #17-2001 APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEGO AND MUSKEGO CHAMBER OF COMMERCE / go, upon the ve the attached Lease r of Commerce to allow hamber office open to the public. BE IT FURTHER RESOLVED That the May lerk-Treasurer are authorized to DATED THIS 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 #17-2001 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer l/Oljmb LEASE This agreement is made between the City of Muskego (City) and the Muskego Chamber of Commerce, a Civi<-Zrid Business League, (Chamber). \> described property. , must have prior authorization of the City of Muskego. MAINTENANCE AND OPERATION: Th the rental property in good condition during additions or installed improvements are su Lessee agees to employ competent persons to be in attendance o that at no time will there be less than one hours of their operation. Lessee agrees that they will not allow to accumulate rubbish in any form on the premises used by them or at a prescribed distance from such facility used by them. The City will provide garbage service for their operation. The hours of operation shall when practical coincide with the hours of City Hall (8:OO a.m.-4:30 p.m.). Lessee must maintain at least ten to fifteen (10-15) hours per week. Lessee will be responsible for securing the building if used after regular business hours and will have building access only from first floor. UTILITIES: All electric and heat will be provided by the City. Any phone service will be the responsibility of the Chamber. Access to the City phone system will be permitted provided proper terms for reimbursement are made. DAMAGES OR DESTRUCTION OF PREMISES: If the premises are destroyed by fire, flood, casualty, war or any other purpose, then the agreement at the option of either party shall cease and come to an end. But in case of any partial damage, the City of Muskego may restore the renewals. defined. ind shall be displayed Commission of the City of Muskego. ASSIGNMENT OR SUBLETTING: 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. The City is under no obligation to ever allow an assignment or subletting. 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. A list of people to be allowed on the premises will be provided by the Lessor to the Lessee and may be amended horn 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 2002 rental period (January lst, 2002-December 31st, 2002) 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 October 31st, 2001 and the Lessee has not received a non-renewal notice from the City on or before October 3lS', 2001 peaceably vacate all pre lses occup condition all premises used by them r4 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 there from all of its appliances and equipment, placed thereon, and maintained by the Lessee in the operation of said operation. LesseqhaII not be requ constructed during the te remaining on the premis deemed abandoned and , Personai-mebe and to me known to be the pe instrument. Notary Public, Waukesha County My Commission Expires ! IJ PURSUANT TO A RESOLUTION of the Common Council of the ity of Muskego, passed and approved the - day of ,2000, this lease is hereby executed. By: By: Jean K. Marenda David De Angelis Clerk-Treasurer Mayor STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this -day of ,2001, and to me known to he the persons who executed the foregoing instrument, on behalf of the City of Muskego. Notary Public, Waukesha County My Commission Expires