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CCR2007063AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #063-2007 APPROVAL OF LEASE AGREEMENT WITH JACK KING FOR KELSEY DRIVE CONSERVATION LAND WHEREAS, The Lease Agreement, as amended and 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 amended Lease Agreement with Jack King for lease of the Kelsey Drive Conservation land for 2007. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS 2ih DAY OF MARCH ,2007. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman This is to certify that this is a true and accurate copy of Resolution #063-2007 which was adopted by the Common Council of the City Of_,~U~keg~. / ! 3/07jmb '_/ ~~ LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Jack King, Lessee. The property, which is the subject of this lease is described as follows, to-wit: Kelsey Drive Conservation land: 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 #1 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 3.5 ACRES AS OUTLINED ON EXHIBIT A, AND AGCORDING TO THE FOLLOWING CONDITIONS: Rent will be $55.00 per tillable 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~ay of ;::Pd ,2007, and ending the 31st day of December, 2007. The total tillable acreage shall be determined by the Engineering/Building Inspection Department prior to the annual crop harvest with payment of $55.00 per tillable acre due on or before December 31,2007. 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 BuildinglEngineering 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 Engineering/Building 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. Kelsey Parkland Lease 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 shaH not be assigned by the Lessee without the expressed writteíì consent of the City. RENEWAL: This lease is not subject to automatic renewal after the lease period. Pursuant to Resolution #063-2007 passed and approved on March 27,2007 by the Common Council of the City of Muskego, this lease is hereby executed this ~ day of ~A_.~~../ , 2002. /\ ',,- c King, Lessee ~\~,-) ",-- ~ \ !' " .J "- ,/j- ~----- . y of Muskego John R Johnson, Mayor COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #063-2007 } þf/ APPROVAL OF LEASE AGREEMENT WITH JACK KING FOR KELSEY DRIVE CONSERVATION LAND WHEREAS, The Lease Agreement, as attached, has been review,éd by the Finance Committee and has been recommended for approval. " NOW, THEREFORE, BE IT RESOLVED That the CommoryCouncil of the City of Muskego, upon the recommendation of the Finance Corptnittee and Conservation Commission, does hereby approve the Lease Agreement,with Jack King for lease of the Kelsey Drive Conservation land for 2007. .7 . / / BE IT FURTHER RESOLVED That the Mayor is" authorized to sign the Lease Agreement in the name of the City. DATED THIS DAY OF /,2007. / I .... / ..- / /1 " f " r f / / , j/ / I ,"" / " I ./ / SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman This is to certify that this is a true and accurate copy of Resolution #063-2007 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 3/07jmb