CCR2004023COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #023-2004
,- APPROVAL OF LEASE AGREEMENT WITH
EDDIE SCHAEFER FOR PARK ARTHUR (SOUTH SECTION)
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 Eddie Schaefer
for lease of Park Arthur (South Section).
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease
Agreement in the name of the City.
DATED THIS 27th DA Y OF Januarv ,2004.
SPONSORED BY:
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FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #023-2004 which
was adopted by the Common Council of the City of Muskego.
1/04jmb ~K h1~J' CI -Treasurer
r-
",- LEASE
THIS AGREEMENT is made between the City of Muskego Parks and Recreation Board, Lessor,
and Eddie Schaefer, Lessee.
The property, which is the subject of this lease is described as follows, to-wit:
Park Arthur (south section):
Parcel 1 : lot 1 Certified Survey Map 9654
That part of the Southwest Y4 ånd Northeast Y4 of Section 4, Town 5 North, Range 20
East in the City of Muskego, County of Waukesha, State of Wisconsin
Tax Key No. MSKC 2173.991.002 and 2173.991.003
TOTAL AREA TO BE lEASED IS 13.0 ACRES AS OUTLINED ON EXHIBIT A, AND ACCORDING TO
THE FOllOWING CONDITIONS:
Section A: Seeding land with soybeans. Rent will be $1.00 per year with renewal on a yearly
basis, at the discretion of the City (owner).
RENTAL: The rental of said property shall be for the term one year, commencing on the 1st day of
January, 2004, and ending the 31st day of December, 2004, with payment of $1.00 per year due by
December 31, 2004. Renewal of said lease will be at the discretion of the City (owner).
SPECIAL CONDITIONS: (1) Any chemical usage must be approved by the Parks & Recreation
Director prior to application.
(2) All erosion control and/or farming methods recommended by the
City's Building/Engineering staff 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 anyone person killed or injured, $1,000,000 for anyone 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 and/or the farming methods being used.
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1f 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
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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 Lesseeshall 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 expressed written
consent of the Parks & Recreation Board.
RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee
shall notify the Parks & Recreation Board to renew contract.
by the Common
,2004. -
Pursuant to Resolution #- passed and approved on
Council of the City of Muskego, this lease is hereby executed this
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day of
Lessee
Toby Whipple, President
Parks & Recreation Board
Mark A. Slocomb, Mayor
Ir-