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CCR2007224. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #224-2007 APPROVAL OF LEASE AGREEMENT WITH JACK KING FOR KELSEY DRIVE CONSERVATION LAND WHEREAS, The attached Lease Agreement 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, does hereby approve the Lease Agreement with Jack King for lease of the Kelsey Drive Conservation land for 2008. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS 27TH DAY OF NOVEMBER ,2007. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Neil Borgman Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #224-2007 which was adopted by the Common Council of the City of Muskego. 11/07jmb . . . 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 ACCORDING 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). ~ENTAL: T~ rental of said property shall be for the term one year, commencing on the~day of ~~./, 2007,1md ending the 31st day of December, 2008. The total tillable acreage shall be ,e(étefmined by the Conservation Coordinator prior to the annual crop harvest with payment of $55.00 per 1ifíable acre due on or before December 31, 2008. Renewal of said lease will be at the discretion of the Çity (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 Conservation Coordinator 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 Plan 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 fight 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 lease period. Pursuant to Resolution #224-2007 passed and approved on November ~~<the COffi,,\"n Council of the City of Muskego, this lease is hereby executed this ~ day of ., 200X. ( / ~ ~,~~ . Muskego John R. Johnson, Mayor , ì . gz ï::: 0 ~ ~ ~ c: 0 U) "'0 c: .9 Q ::J - ~ ~ 1J Q) U) 0 ~ , <i :I- .Q .- ..c. x w ( z CI) ~ U 0 .e .Q Lt) ('I') ~ ~ E .~ ~ u (J) u:: 0 ~ :J U 0;::: !? u (J) CI) ~ . . CITY OF MUSKEGO Staff Report to Common Council Standing Committee (Finance Committee) To: Finance Committee From: Planning Department Presenter(s): Tom Zagar 'w I Re!>o~ ;(21../- ;{OO7 Subject: Recommendation to Renew Fannland lease of City lands Date: November 15,2007 Background Information: Jack King is currently leasing agricultural lands on the back portion of the City-owned, 9-acre Kelsey Drive conservation site to cultivate alfalfa. In 2007 he cut hay on 3.5 acres at $55/acre. Monies were credited to the Conservation miscellaneous revenue account to augment funding of conservation projects. Mr. King wishes to renew this lease agreement in 2008 and continue harvesting the hay crop that grows upon the site. Recommendation for Action by Committee: Staff recommends renewal of this farm lease for 2008. . Is Common Council action required? Yes Amount of Total Requested Budgeted: NI A .