CCR2019017-Attachment
MUSKEGO COMMUNITY FESTIVAL, INC. AND CITY OF MUSKEGO
LEASE AGREEMENT FOR THE VETERAN’S MEMORIAL PARK PAVILION
The Muskego Community Festival, Inc. (hereinafter, the “Festival Committee”) and the
City of Muskego (hereinafter, the “City”) hereby enter into this Lease Agreement for the use of
the Veteran’s Memorial Park Pavilion owned by the City and located at W182 S8200 Racine
Ave, Muskego, Wisconsin 53150.
Section One: Description of Premises
The City hereby agrees to lease to the Festival Committee and the Festival Committee
agrees to lease from the City the following described real estate.
Portion of park pavilion, described as large storage area,
NW ¼ NE ¼ Sec 16 T5N R20E EX
ELEC RR & SE ¼ NW ¼ VOL
1085/18 39.535 AC. EX VOL
813/303 EX VOL 928/257,
966/397 977/217 & 219 1005/42,
1056/618 EX HY (29.85 AC REMAINING)
VOL 1146 PG 582
DEEDS EX MUSKEGO IND PARK
& EX R 14/1079
Section Two: Term of Lease
The term of this Lease Agreement shall be for two (2) years commencing on August 1,
2018 and terminating on August 1, 2020. The Festival Committee shall not be
responsible for paying rent from August 1, 2018 through December 31, 2018 with the
first payment being due under this agreement on January 1, 2019. In the event the
Festival Committee ceases to exist during the term of this Lease, this Lease Agreement
shall terminate on the day that the City receives notice of its non-existence. In this event,
rent is due through the date that Festival Committee ceases to exist or the date it removes
its property from the premises, whichever occurs latest. In the event the Festival
Committee is not able to obtain a Special Use Permit from the City, Festival Committee
may terminate this Lease Agreement upon thirty (30) days written notice to City with rent
due to City through the date it removes its property from the premises.
Section Three: Lease Payments
Rent shall be paid by Festival Committee to City on a monthly basis in the amount of $75
per month. Payments shall be made to City on the first day of each month that rent is
due. A grace period is hereby given to Festival Committee of ten (10) calendar days in
the event that the rent is not paid timely. All utilities are included in the monthly rental
fee.
Section Four: Contact Persons
A. Contact person from the Festival Committee will be the Festival Committee
President. The Festival Committee will also be responsible for listing an alternate
contact.
B. The contact for the City will be the Director of Public Works & Development.
The alternate contact person will be the Recreation Manager.
Section Five: Rules and Regulations
The Festival Committee will agree to abide by the following:
A. The Festival Committee shall be solely responsible for maintaining the rental
property in good condition during the term of this Lease Agreement. Any improvements,
additions or install improvements are subject to prior review and approval by the City and
will be at the expense of the Festival Committee.
B. The Festival Committee agrees that they will not allow rubbish to accumulate in
any form on the premises used by them or at a prescribed distance from such facility used
by them. The City will not provide garbage service for their operation.
C. The Festival Committee 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 Festival
Committee, their agents or employees cause such damage. Any repairs must be approved
in writing by City prior to commencement.
D. The Festival Committee agrees that no sign or advertising matter of any kind shall
be displayed on the building or grounds at Veterans Memorial Park unless approved by
the City and, if necessary, the Plan Commission of the City of Muskego.
E. The Festival Committee shall not, without written consent of the City of
Muskego, sublet the premises or any part thereof for storage use by a third party, nor
assign, hypothecate or mortgage this Lease Agreement.
F. Those persons representing the City of Muskego reserve the right, exercisable at
any time during the term hereof, or extension thereof, without notice to Festival
Committee, to enter the premises for the purpose of inspection and making repairs to the
building for the proper preservation and maintenance of said premises.
G. If the premises are destroyed by fire, flood, casualty, war or any other purpose,
then this Lease 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.
H. The Festival Committee shall be responsible for maintaining their door locks and
keys, to the main storage area, as a separate key entry system from the City used door
locks and key system. A key for the Festival Committee storage room doors will be kept
within the Recreation Department key lock box.
Section Six: Legal Provisions
A. Other Governmental Regulations. This Lease Agreement is subject to any and all
governmental regulations as they may be amended from time to time over the term of this
Lease Agreement. If the Lease Agreement is in conflict with said regulations, the
regulations must be followed.
B. Assignment. Neither the Festival Committee nor the City may assign its interest
under this Lease Agreement without the other party’s prior written consent, which may
be granted or withheld in such party's sole reasonable discretion.
C. Notices. All notices permitted or required by this Lease Agreement shall be given
in writing and shall be considered given upon receipt if hand delivered to the party or
person intended, or upon facsimile transmission to the fax numbers set forth herein, or
email to contacts set forth herein upon confirmation by the other party, or three (3)
business days after deposit in the United States mail, postage prepaid, by certified mail,
return receipt requested, addressed by name and address to the party or person intended
as follows:
To the Festival: Muskego Festival Committee
P.O. Box 167
Muskego, WI 53150
Attn: President
Fax No.: _________________
Email: GEM@ticon.net
To the City: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150- 0749
Attn: Director of Public Works & Development
Fax No.: (262) 679-5614
Email: skroeger@cityofmuskego.org
D. Governing Law. This Lease Agreement shall be interpreted and construed
according to the laws of the State of Wisconsin. Any legal action regarding this Lease
Agreement shall be brought and maintained in the Circuit Court of Waukesha County,
Wisconsin.
E. Severability of Provisions. If any of the terms or conditions contained herein
shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then
the remaining provisions and conditions of this Lease Agreement, or the application of
such to persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
F. Captions. The captions in this Lease Agreement are inserted only as matters of
convenience and for reference and in no way define or limit the scope or intent of the
various provisions, terms or conditions hereof.
G. Binding Effect. The terms and conditions of this Lease Agreement shall be
binding upon and benefit the parties hereto and their respective successors and permitted
assigns.
H. Entire Agreement. This writing constitutes the entire Lease Agreement between
the parties hereto, and all prior statements, letters of intent, representations and offers, if
any, are hereby terminated. This Lease Agreement may be modified or amended only by
written instrument signed by both parties
I. Counterparts. This Lease Agreement may be executed in one or more
counterparts, each of which will be deemed an original.
J. Representations as to Authority. Each party to this Lease Agreement represents
and warrants that: (a) it has the power and authority to consummate the transactions
contemplated by this Agreement; (b) all proceedings necessary for it to consummate the
transactions contemplated by this Lease Agreement have been duly taken in accordance
with law; and (c) the persons executing this Lease Agreement on behalf of it have been
duly authorized to execute this Lease Agreement.
K. Termination. The Festival Committee agrees that at the termination of this Lease
Agreement or any renewal thereof, they will promptly surrender the premises to the City
and will have removed therefrom all of its personal property, placed thereon, and
maintained by the Festival Committee. Any personal property remaining on the premises
30 days after expiration or other termination of this Lease Agreement shall be deemed
abandoned and shall become property of the City. The Festival Committee 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.
L. Signatures. The parties agree that signatures transmitted by fax or scanned and
delivered via email shall be binding on the parties hereto.
Section Eight: Insurance
Festival Committee shall procure and maintain during the term of this Lease Agreement
at its expense, comprehensive general business liability insurance, covering the premises
and the insureds against loss for personal injury and property damage. The coverage
under such insurance to be not less than One million dollars ($1,000,000.00) for any
person injured, Two million dollars ($2,000,000.00) for any one accident, and Fifty
thousand dollars ($50,000.00) for property damage or such other coverage as the parties
may agree in writing from time to time. The City shall approve the coverage. Festival
Committee shall also carry during the term of this Lease Agreement, fire insurance with
extended coverage, vandalism and malicious mischief and theft and the mysterious
disappearance endorsements covering the contents of the premises and all alterations,
additions and leasehold improvements in the amount of their full replacement value. Such
policies shall cover both City and Festival Committee, as their interest may appear.
Before taking possession of the premises, Festival Committee shall present to City
Certificates of Insurance from the insurance companies showing such coverage, along
with the following written Endorsements:
1) Naming the City as an Additional Insured
2) Waiver of Subrogation
3) Primary and Non-Contributory Insurance
4) 30-day Notice of Cancellation
5) Special Events Endorsement
Section Nine: Indemnification
Festival Committee shall indemnify and hold harmless City from and against all claims
arising from Festival Committee’ use of the Premises, or from the conduct of Festival
Committee’ business or from any activity, work, or things done, permitted or suffered by
Festival Committee in or about the Premises and shall further indemnify and hold City
harmless from and against any and all claims arising from any breach or default in the
performance of any obligation on Festival Committee’ part to be performed under the
terms of this Lease Agreement, or arising from any intentional tort or negligence of the
Festival Committee, or any of Festival Committee’ agents, contractors, or employees, and
against all costs, attorney fees, expenses and liabilities incurred in the defense of any such
claim or any action or proceeding brought thereon, and in case any action or proceeding
be brought against City by reason of any such claim, Festival Committee, upon notice
from City, shall defend the same at Festival Committee’ expense by counsel satisfactory
to City.
Section Ten: Default
If default is made by Festival Committee in payment of the rent, or any part thereof, and
such default shall continue to 10 days after notice by City to Festival Committee to pay
the same, or if either party shall be in default under any other provision of this lease and
such default shall continue to exist after receipt by the defaulting party of 30 days’ notice
thereof, City may terminate this lease and take possession of the leased premises (if
Festival Committee be the defaulting party) or Festival Committee may terminate this
lease and surrender possession of the leased premises to City (if City be the defaulting
party). Such termination of lease shall be without prejudice to the right of recovering
damages against the defaulting party for breach of this lease.
Section Eleven: Dispute Resolution
In the event of a dispute between the Festival Committee and the City arising out of this
Lease Agreement or the use of the premises, the Festival Committee and the City agree to
attempt to first resolve such dispute through mediation. In the event that the Festival
Committee and the City cannot agree upon a mediator, they shall each propose a
qualified mediator, and such qualified mediators shall choose a qualified third-party who
will mediate the dispute. In the event that mediation does not resolve the dispute, either
party may utilize all remedies as provided by law.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement.
MUSKEGO COMMUNITY FESTIVAL, INC. CITY OF MUSKEGO
Festival Committee President Date Kathy Chiaverotti, Mayor Date
Festival Committee Secretary Date Sharon Mueller, Director of Finance Date
T:\\Departments\\Attorney\\Agreements\\Festival Committee and City of Muskego Agreement.docx