CCR2005216.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #216-2005
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 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 for the term January 1,2006 through December 31,2006.
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 22nd DAY OF November ,2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Nancy Salentine
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #216-2005 which
was adopted by the Common Council of the City of skego.
11/05jmb
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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 # 111 consisting of 169 square feet on the west side of
the building addressed W182 S8200 Racine Avenue, Muskego
WI 53150.
TERM: This lease shall commence on January 1, 2006 and terminate on December 31, 2006.
The rental cost shall be One hundred Seventy-Five dollars ($175) per month during the term of
the lease. A security deposit of one month's rent is required. All rent is due on the first (1 st)
day of every month. All payments shall be made payable to "City of Muskego" and received at City Hall clo City ClerklTreasurer, P. O. Box 749, Muskego WI 53150. All payments received
after the 15th of any month shall be charged interest at 1.5% 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.
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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 (8:00 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.
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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.
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Lease Agreement Page 2
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 $1,000,000 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 through the term of 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 be 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 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 from time to time on reasonable notice.
RENEWAL: This lease may be renewed at the expiration of the term provided neither party to
the lease has invoked the termination notification provisions of this lease. The rental amount
shall automatically increase 5% per year beginning for the year 2007.
TERMINATION: The Lessee has the right to terminate this lease upon thirty (30)-days written
notice to the City. The City has the right to terminate this lease upon ninety days (90) days
written notice to the Lessee. 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 all
Lessee owned property (equipment, etc.). Lessee shall not be required to remove any walls or
other items that it may have constructed during the term of the lease and shall not do so. Any
Lessee owned property 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.
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Lease Agreement Page 3
DATED THIS t'
,2005. DAY OF 'beCEtñCt'/L
Muskego Chamber of Commerce,
A Non It Wiscons' Corporation
By:
Title
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this //~-Ih day of ;) Pt , 200SÎ? (c.k ?t~/-t(1/-') Jr I
to me known to be the person who executed the forégoing instrument.
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Nçjtáry Public, Waukesha County
.. -My Commission Expires v - 7 - ':;1 )-'
PURSUANT TO A RESOLUTION9f the Common Council of the City of Muskego, passed and
approved the::>d:2.y( day of . / k;--Z/-<
, 2005 this lease is hereby exec ed. I .
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r--- By: /\ _
Janice Moyer
I
\. Clerk-Treasurer
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STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me thisd--d day of ~0 . , 2005, Charles H. Damaske
and Janice Moyer to me known to be the persons who executed the foregoing instrument on behalf of the City of Musk~go.
ry Public, Waukesha County
y Commission Expires 9 - 7 - â );-,