CCR2015039-Attachment
LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and the Little Muskego Lake
Protection and Rehabilitation District (LMLD), Lessee by LMLD Chairman, Tom Reck.
The property, which is the subject of this lease, is described as follows, to-wit:
Park Arthur (south section)
Parcel 1: Part of Lot 1 Certified Survey Map 9654
Tax Key No. MSKC 2173.991.003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 1.0 ACRES, AS SHOWN ON THE ATTACHED
EXHIBIT “A”, AND THE FOLLOWING CONDITIONS APPLY:
Rent will be $55.00 per acre per year with renewal after (5) years, at the discretion of the City
(OWNER).
RENTAL:
The rental of said property shall be for the term five (5) years, commencing on January 1, 2015, and
ending the 31st day of December 2020. The payment of $55.00 per acre is due on or before December
st
31 of each year of the lease. Renewal of said lease will be at the discretion of the City (OWNER).
This site is to be used for the parking of 2 weed tipping trucks in the event of emergency weed
tipping. Parking will be limited to times when the weed tipping trucks cannot make their drop
off locations and must be parked which would occur only on Weekends and after 5:00 p.m. on
weekdays. During the entire term of the Lease shall not exceed 20 truckloads of weeds, each
truckload not to exceed 12 cubic yards.
SPECIAL CONDITIONS:
(1) The split rail fence at the curve in their entrance road to prevent vehicles from accessing park
grass areas shall be maintained by the LMLD.
(2) Maintenance of the asphalt roadway from the Martin Drive roadway needs to be performed,
at the expense of the LMLD.
(3) Any chemical usage at the site must be approved by the Conservation Coordinator prior to
application.
(4) Any Muskego resident concerns regarding this site shall be handled by the Alderman liaison
to the LMLD committee and/or the LMLD committee.
(5) If any weeds are placed at this location, all erosion control and/or farming methods
recommended by the City's Engineering staff be put in place and practiced at the expense of
the LMLD during the term of this agreement.
(6) The LMLD should always have a current operational plan on file with the city for cutting and
non-cutting season to address the weed turning and grading operations at the site.
LIABILITY INSURANCE:
Lessee shall, at their 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
any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A
certificate of insurance to this effect must be on file with the Clerk/Treasurer 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.
If this lease is terminated by Lessor before the Lessee shall have obtained the benefits from any labor
or formerly agreed upon expenses they incurred in operating the weed-tipping program, 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, its claim for such
reimbursement at least thirty (30) days before the termination of this lease.
If the land is not used for weed tipping, a grassy cover crop must be planted on the land at the expense
of the LMLD, acceptable to the Parks & Recreation Board.
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 five (5) year period. Lessee shall notify the
Parks and Recreation Board to renew contract.
This lease can be terminated at any time by the Lessor. Any restoration to the leased site will be
provided and paid for by the Lessee.
Pursuant to Resolution #039-2015 passed and approved on April 28, 2015 by the Common Council of
the City of Muskego, this lease is hereby executed this day of May , 2015.
___________________________________ ___________________________________
Tom Reck, Chairman for Little Muskego President
Lake Protection & Rehabilitation District, Lessee Muskego Parks & Conservation Committee
__________________________________
Kathy Chiaverotti, Mayor
City of Muskego