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CCR2005007. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #007-2005 APPROVAL OF LEASE AGREEMENT WITH LYLE FICKAU FOR ENGEL-EWALD PROPERTY WHEREAS, The Lease Agreement, as attached, has been reviewed by the Finance Committee and has been recommended for approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee and Conservation Commission, does hereby approve the Lease Agreement with Lyle Fickau for lease of the Engel-Ewald Property for 2005. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS 11th DAY OF Januarv ,2005. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eric Schroeder Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #007-2005 which was adopted by the Common Council of the City of Muskego. ì 1/05jmb . . . LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Lyle Fickau, Lessee. The property, which is the subject of this lease is described as follows, to-wit: Engel Conservation Land: Parcel 1 : SEE ATTACH ED LEGAL DESCRI PTION Tax Key No. MSKC 2238.992; MSKC 2238.993; MSKC2237.997; MSKC 2237.995 and MSKC 2237.996 TOTAL AREA TO BE LEASED IS APPROXIMATELY 40 ACRES (SEE ATTACHMENT A). THE FOLLOWING CONDITIONS APPLY: Area 1 (upland fields on south and west side of property - approximately 13 total acres): Rent will be $55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City (OWNER). Area 2 (wetland fields on north side of property - up to 30 tillable acres): Rent will be $55.00 per harvestable acre 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_day of ,2005, and ending the 31st day of December, 2005. The total harvestable acreage shall be determined by the Engineering/Building Inspection Department prior to the annual crop harvest with payment of $55.00 per tillable acre in said Area 1 and $55.00 per harvestable acre in Area 2 due on or before December 31,2005. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage must be approved by the Conservation Coordinator 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, woodland areas and fields planted as prairie 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 EngineeringlBuilding Inspection 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. . . . 2 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. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee shall notify the Conservation Coordinator to renew contract. Pursuant to Resolution #.QQl-200- passed and approved on / - 1/- O~- Council of the City of Muskego, this lease is hereby executed this - day of by the Common ,200_. Lyle Fickau, Lessee City of Muskego Mark A. Slocomb, Mayor . Legal Description City of Muskego Conservation Land Former Ewald Engel Property All that part of the Northeast ~ and the Northwest ~ and the Southwest ~ and the Southeast ~ of Section 20, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. Bounded and described as follows: The East fifty acres of the South Y2 of the Northwest ~ excepting six acres as described in Volume 167, Page 210, at the Register of Deeds Office, Waukesha County, Wisconsin; The Southwest ~ of the Northeast ~ excepting that portion oflands with Tax key number 2237-994; The West Y2 of the Northwest ~ of the Southeast ~; The East thirty acres of the Northeast Y2 of the Southwest ~ and described exceptions. . . . . . A1tachment A: Leased Agricultural Lands at Engel Conservation Area ~ Area 1 : Leased Upland Agricultural Fields Approximately 13 total acres ~ Area 2: Leased Wetland Agricultural Area Property Boundary Î N ~.. ~. Upland Prairie Restoration . ~ Planted Fall of 2004