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CCR2019022-Attachment MUSKEGO ATHLETIC ASSOCIATION/MUSKEGO STORM AND MUSKEGO WARRIORS YOUTH BASEBALL AND CITY OF MUSKEGO LEASE AGREEMENT FOR PARK ARTHUR PAVILION The Muskego Athletic Association/Muskego Storm and Muskego Warriors Youth Baseball (hereinafter, the “Tenants”) and the City of Muskego (hereinafter, the “Landlord”) hereby enter into this Lease Agreement for the public concessions room in Landlord’s building located at Park Arthur, Muskego, Wisconsin 53150. 1. Leased Premises. Landlord hereby leases to Tenants, and Tenants lease from Landlord, the public concessions room in Landlord’s building at Park Arthur, Muskego, Wisconsin, known as the Park Arthur Pavilion (hereinafter called the “building”). 2. Parties. The Muskego Athletic Association/Muskego Storm, and Muskego Warriors Youth Baseball shall agree to work together to sell concessions to the public during baseball games played at Park Arthur. 3. Term of Lease. The term of this lease shall commence on the May 1, 2019 and end on September 30, 2020 (now a 1 ½ year lease). 4. Rent. Rent shall be $75.00 per month for the months of May through August ($300 for in season) and $25.00 per month for the months of September through April ($200 for off season) when the room is just being used to store equipment and product. Should the tenants choose to move their items to a different location during this off season time, there will be no rent charged during the off-season. 5. Tenants to Comply with Laws. Tenants will not use or occupy the leased premises for any unlawful purpose and will obey all present and future laws, ordinances, regulations and orders of the United States, the City of Muskego and County of Waukesha and the State of Wisconsin, or any agency or subdivision thereof, relating to the leased premises. Tenants will not conduct any activity or place any equipment in the leased premises which will increase the fire insurance rating on the building. 6. Subletting and Assignment. Tenants will not sublet the leased premises, or any part thereof, or transfer or assign this lease without prior consent of Landlord. 7. Utilities. A monthly charge of $95.00 shall be incurred for the months of May through August ($380 total) when concessions are being sold and equipment is being used. For the off-season months (September through April) there will be no utilities charged as long as all pieces of equipment are unplugged. 8. Landlord’s Right of Entry. Those persons representing the Landlord reserve the right, exercisable at any time during the term hereof, or extension thereof, to enter the premises described herein at any time and without Notice for the purpose of inspection and making repairs to the building for the proper preservation and maintenance of said premises. 9. Equipment. Tenant must provide a list of all equipment to be used in the service of th providing concessions to the Landlord no later than April 15 each year of the agreement. The Landlord will then approve the usage of the equipment based on the electrical service available at the property and will provide the Tenant a layout map of the interior of building indicating where each piece of equipment must be plugged in no later than April 25th. The Tenant will not add any new pieces of equipment during the season. 10. Repairs and Maintenance. Landlord shall, at its expense, keep and maintain in good repair the exterior and structural portions of the building. Tenants shall, at its expense, keep and maintain in good repair and keep clean the interior portion of the leased premises and all areas in the building used in common by Tenants and any other persons whatsoever. Tenants may not place any additional signage on the building then is already present. Tenants will be responsible for any repair costs to damage in concession area and will be responsible for any requested changes in electrical service to the building. If Tenant causes fuses to blow due to incorrect electrical usage, a fee of $50 will be charged for staff time to come to the facility and reset electrical service. 11. Concession Sales. Tenants will maintain all premises in a manner consistent with, or demanded by all health departments and pure food examiners, and also that the premises will at all times be kept open for the proper inspection by duly authorized representatives of Landlord or any other agency having jurisdiction thereto. Tenants further agree to comply with all laws and ordinances that are now in effect to govern conduct of a business or concession such as now maintained. 12. Adult Supervision. Tenants agree 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 immediately in charge of said premises during hours of their operation. 13. Termination. Tenants agree that at the termination of this Lease Agreement or any renewal thereof, they will promptly surrender the premises to the Landlord and will have removed -2- therefrom all of its personal property, placed thereon, in the concession area. Any personal 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 Landlord. Tenants agree that they will peaceably vacate all premises occupied by them and deliver to the Landlord in good condition all premises used by them, ordinary wear and tear and damage by the elements excepted. 14. Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of Wisconsin. Any legal action regarding this Agreement shall be brought and maintained in the Circuit Court of Waukesha County, Wisconsin. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. 16. Insurance. Tenants shall procure and maintain during the term of this Lease at its expense, comprehensive general public 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 Landlord shall approve the coverage. Tenants shall also carry during the term of this Lease, 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 Landlord and Tenants, as their interest may appear. Before taking possession of the Premises, Tenants shall present to Landlord Certificates of Insurance from the insurance companies showing such coverage, along with the following Endorsements: a) Naming the Landlord as an Additional Insured b) Waiver of Subrogation c) Primary and Non-Contributory Insurance d) 30-day Notice of Cancellation 17. Indemnification. Tenants shall indemnify and hold harmless Landlord from and against all claims arising from Tenants’ use of the Premises, or from the conduct of Tenants’ business or from any activity, work, or things done, permitted or suffered by Tenants in or about the Premises and shall further indemnify and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation on -3- Tenants’ part to be performed under the terms of this Lease, or arising from any intentional tort or negligence of the Tenants, or any of Tenants’ 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 Landlord by reason of any such claim, Tenants, upon notice from Landlord, shall defend the same at Tenants’ expense by counsel satisfactory to Landlord. 18. Defaults. If default is made by Tenants and such default shall continue for 10 days after Notice by Landlord to Tenants to pay the same, or if either party shall be in default under any other provision of this Lease Agreement and such default shall continue to exist after receipt by the defaulting party of 30 days’ notice thereof, Landlord may terminate this lease and take possession of the leased premises (if Tenants be the defaulting party) or Tenants may terminate this lease and surrender possession of the leased premises to Landlord (if Landlord 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. 19. Permits. The Tenants is responsible for obtaining any and all permits necessary to carry out concessions within this leased premise. Failure to obtain said permits shall constitute a breach of this Lease. 20. Notices. All notices permitted or required by this 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 transmission at the email addresses set forth below, 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 Tenants: Muskego Warriors Youth Baseball Jim Prusinski, President PO Box 131 Muskego, WI 53150 Phone No.: 414-690-7911 Email: jdp@paceelectricinc.com Muskego Athletic Association/Muskego Storm Ed Horwath, President PO Box 102 Muskego, WI 53150 Phone No.: 414-378-7340 Email: edh@themaa.org -4- To the Landlord: City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 Attn: Director of Public Works Fax No.: 262-679-5614 Email: SKroeger@cityofmuskego.org 21. Waiver. One or more waivers of any provision of this Lease by either party shall not be construed as a waiver of a further breach of the same provision. 22. Remedies Not Exclusive. Each of the rights, remedies and benefits provided by this Lease shall be cumulative and shall not be exclusive of any other of said rights, remedies and benefits, or of any other rights, remedies and benefits allowed by law. 23. Binding Effect. The obligations and rights under this Lease shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 24. Headings. Any headings preceding the text of the paragraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Lease or affect its meaning, construction or effect. 25. Entire Agreement. This Lease constitutes the entire Agreement of the parties hereto and no representations, inducements, promises or agreements, oral or otherwise, between the parties, not embodied herein, shall be of any force or effect. IN WITNESS WHEREOF, this Lease is hereby executed the day and year first above written. TENANTS: MUSKEGO ATHLETIC CITY OF MUSKEGO ASSOCIATION/MUSKEGO STORM AND MUSKEGO WARRIORS YOUTH BASEBALL By: By: Jim Prusinski, President Date Kathy Chiaverotti, Mayor Date Muskego Warriors Youth Baseball By: By: Ed Horwath, President Date Sharon Mueller, Date Muskego Athletic Association/Muskego Storm Finance and Administration Director T:\\Departments\\Attorney\\Agreements\\Muskego Athletic Assoc-Storm & Warriors and City of Muskego Agreement.docx -5-