CCR2004012,-
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #012-2004
ASSIGNMENT OF LEASE AGREEMENT FOR
NAVIGABLE WATERS (BIG MUSKEGO LAKE)
WHEREAS, The City entered into a Lease Agreement for Public Access to Navigable
Waters of Big Muskego Lake with the Richard and Lois Bennett Living Trust on January
22,2002; and
WHEREAS, The Richard and Lois Bennett Living Trust sold the property on March 24,
2003 to 13960 Boxhorn Drive, LLC, which included the boat launch lease; and
WHEREAS, Section V. of the Lease Agreement states that it cannot be assigned or
otherwise transferred without the prior written consent of the other party; and
WHEREAS, Both parties have signed the attached which assigns the terms of the
Lease Agreement to 13960 Boxhorn Drive, LLC.
,~
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the amended Assignment of the Lease Agreement for
Public Access to Navigable Waters dated January 22, 2002 to 13960 Boxhorn Drive,
LLC as attached.
DATED THIS 13th DAY OF Januarv ,2004.
SPONSORED BY:
Mark A. Slocomb, Mayor
Reconsidered, Amended and
Adopted 1/27/2004
This is to certify that this is a true and accurate copy of Resolution #012-2004 which
was adopted by the Common Council of the City of Muskego.
~Kh1~ CI -Treasurer
1/04jmb
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FlUE No.800 01/16 '04 AM 11:48 ID:ARENZ,MOLTER,MACY FAX:262 548 9211 PAGE 2
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January :iJ?.., 2004
RE:
CITY OF MUSKEGO
LEASE AGREEMENT FOR PUBLIC ACCESS TO NAVIGABLE WATERS
LOCATED AT S90 W13960 SOXHORN DRIVE, MUSKEGO, WI 53150
TO:
On January 5, 2004, The Bennett Family Trust and Richard Schim executed the
attached document and based upon those representations, the Common Council
adopted Resolution #12-2004 on January 13,2004, a copy of which is attached.
That Bennett and Schim were mistaken and the buyer of the property in question
was, in fact, 13960 Boxhorn Drive, LLC, a llC owned entirely by Richard Schim
and Deborah M. Schim. Therefore, the parties declare the assignment of January
5,2004 null and void and of no effect and acknowledge that the City has not and
should not make any payments per that agreement. The parties also
acknowledge that the City is not in default as to the underlying agreement and
should make the payment originally due on or before January " 2004 within a
reasonable time after the Common Council approves of this new assignment. It is
anticipated that this will happen at the Common Council meeting of January 27,
2004. .""-
On March 24, 2003 The Bennett Family Trust sold Tax Key No. MSKC 2254.998.004
to 13960 Boxhorn Drive, LlC. The sale included the boat launch lease dated
Janua ry 22, 2002 with the City of Muskego. All rights, all clauses, all
responsibilities and all proceeds are now the sole property of 13960 Soxhorn
Drive, lLC; and, all lessor's rights and responsibilities were assigned to 13960
Saxhorn Drive, LLC as of March 24, 2003, including the right to receive any lease
payments due thereafter.
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Dated... 1- ~ ~ - C>.(-
Buyer: 13960 Saxhorn Drive, LlC
- ~~ Dated---.!-: If) - é!:Oo Ý
. ~~;1:~h[:~~ik:re Dat9dJ: I ~
De orah M. Schim, Authorized Re :.resentative
-~~
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #012-2004
ASSIGNMENT OF LEASE AGREEMENT FOR
NAVIGABLE WATERS (BIG MUSKEGO LAKE)
WHEREAS, The City entered into a Lease Agreement for Public cess to Navigable
Waters of Big Muskego Lake with the Richard and Lois Bennett ving Trust on January
22, 2002; and
WHEREAS, The Richard and Lois Bennett Living Trust sol he prop rtyon March 24,
2003 to Richard Schim, which included the boat launch Ie e; d
~
WHEREAS, Section V. of the Lease Agreement states at it cf:l
'
ot be assigned or
otherwise transferred without the prior written consen f~o r party; and
WHEREAS, Both parties have signed the attached hich a 'igns the terms of the
Lease Agreement to Richard Schim. ..'
.'
,
NOW, THEREFORE, BE IT RESOLVED That e co~n Council of the City of
Muskego does hereby approve the Assignm t of the~;se Agreement for Public
Access to Navigable Waters dated January 2, 20~O Richard Schim as attached.
'. \.
DATED THIS 13th DA Y OF ,2004.
SPONSORED BY:
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #012-2004 which
was adopted by the Common Council of the City of Muskego.
~ K fJ1 (jAil.. <I.. '
CI -Treasurer
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1/04jmb
,.-
.'~ FILE No.800 01/16 '04 AM 11:48 ID:ARENZ,MULI~~,nR~Y rH^'COC ~~o v~~~
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January 6, 2003
TO: CITY OF MUSKEGO
RE: LEASE AGREEMENT FOR PUBLIC ACCESS TO NAVIGABLE WATERS
LOCATED AT S90 W13960 SOXHORN DRIVE, MUSKEGO, WI 53150
On March 24, 2003 The Bennett Family Trust sold Tax Key No. MSKC
2254.998.004 to Richard Schim. The sale included the boat launch lease dated
January 22,2002 with the City of Muskego. All rights, all clauses, all
responsibilities and all proceeds are now the sole property of Richard Schim;
and, all lessors rights and responsibilities were assigned to Richard Schim as of
March 24, 2003, including the right to receive any lease payments due thereafter.
1-5'-0</ Date
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......._...:... "" '-""":....., "
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. ""~:~"r2"J 1(.: . ,.;/,'..4'.;;z--?~
Lois A. Bennett, Trustee
Date .-L - ~-, G 'I
Buyer: Richard Schim
R,~~2~ Date /... ~ -(J y'