CCR2001067COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #67-2001
APPROVAL OF LEASE AGREEMENT FOR
DENOON PARK LAND, NORTH OF KELSEY DRIVE
WHEREAS, The Lease Agreement, as attached, has been reviewed by the Parks and
Recreation Board and the Finance Committee and both 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 the Lease Agreement with Jack King for
lease of Denoon Park land, north of Kelsey Drive for three cropping years commencing
January 1,2001
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
Agreement in the name of the City.
DATED THIS 27th DAY OF March ,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 #67-2001 which was
adopted by the Common Council of the City of Muskego.
3/0ljrnb
0 I
LEASE
THIS AGREEMENT is made between the City of Muskego Parks and Recreation Board, Lessor,
and Jack King, Lessee.
The property, which is the subject of this lease is described as follows, to-wit:
Kelsey Drive Parkland:
Parcel 1: The Southwest %and Southeast %of Section 30, Town 5 North, Range 20 East in the
City of Muskego, County of Waukesha, State of Wisconsin.
Outlot #I Certified Survey Map No. 8989 in Volume 80 of Certified Survey Maps on
page 281, Tax Key No. 2280998003
TOTAL AREA TO BE LEASED IS 9.4 ACRES AS OUTLINED ON EXHIBIT A, AND ACCORDING TO
THE FOLLOWING CONDITIONS:
Section A: Seeding land with alfalfa and timothy grass. Rent will be $1 .OO per year for three (3)
(9.4 acres) years.
RENTAL. The rental of said property shall be for the term of three (3) cropping years,
commencing on the 1st day of January, 2001, and ending the 31st day of December, 2003, with payment
of $1 .OO per year due by December 31, 2001,2002, and 2003.
SPECIAL CONDITIONS: (1) Any chemical usage must 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 left 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
Deoartment orior to enterina said DroDertv.
Kelsey Parkland Lease 2
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.
0
ASSIGNMENT, This lease shall not be assigned by the Lessee without the expressed written
consent of the Parks & Recreation Board.
RENEWAL. This lease is not subject to automatic renewal after the three (3) year period. Lessee
shall come before the Parks & Recreation Board to renew contract.
Pursuant to Resolution #-passed and approved on by the Common
Council of the City of Muskego, this lease is hereby executed this - day of ,2001
Lessee
Toby Whipple, President
Parks & Recreation Board
David L. De Angelis, Mayor