HomeMy WebLinkAboutInti Investments 665 N main Lease agreementLEASE AGREEMENT
T141S LEASE AGREEMENT hereinafter know as the "Lease" is entered into this....., Jday
of nak-t 1 2025, ("Effective Date") by and between Inti Investments, LLC with
mailing address at 665 N. Main Street Oshkosh, WI 54901 hereinafter referred to as the
"Lessor," and the City of Oshkosh with mailing address at 215 Church Avenue, PO Box 1130
hereinafter referred to as the "Lessee," collectively referred to as "the Parties,"
WHEREAS, the Lessor desires to lease premises located at 101 Algoma Avenue as more
specifically described below to the Lessee under the terms and conditions as set forth herein;
and
WHEREAS, the Lessor desires to lease the Premises defined herein from the Lessor under the
terms and conditions set forth herein,
NOW THEREFORE, for and in consideration of the covenants and obligations set forth herein
and of other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby agree as follows:
1.THE PREMISES. In accordance with the terms and conditions of this Lease, the Lessor
hereby agrees to lease to the Lessee and Lessee hereby agrees to lease the property described
below together with all the improvements hereto:
Exclusive us of the Property:
Address: 101 Algoma Ave
Dimensions: Approx.- 50'x 24'
Net Floor Area: Approx: 1200 sq ft
Together with joint access with the lessee of 321 Market Street to basement located behind
321 Market Street.
Hereinafter known as the "Premises".
2. COVENANTS OF LESSOR. Lessor has complete interest, right and title to the Premises so
as to enable Lessor to enter into this Lease Agreement. Lessor warrants that Lessee shall
have quit use and enjoyment of the premises and that
the Premises is not encumbered in any way so as to hinder or obstruct Lessee's
proposed use.
Lessor attests that the premises are free of any hazardous materials, substances,
wastes or air pollutants.
Lessor agrees to provide notification, at least five days in advance, and provision
of Safety Data Sheets if applicable for any on -site construction, renovation,
maintenance, modelling or repairs done with the building of which the Premises
is a part.
3. PERMITTED USE. Lessee agrees to use the Premises during the Lease Term
solely for use as a police substation. No other use is permitted without prior
written approval of Lessor, which approval Lessor may grant or withhold.
4. LEASE TERM. The term of this Lease shall commence on 1st day of May, 2025
for a period of 2 years, expiring on the last day of the Lease term, the 30ffi day of
April, 2027. ((`Lease Term")
5. RENT. The Lessee shall pay one thousand dollars ($1000.00) for every month for
the duration of the Lease (herein after referred to as "Rent"). The rent shall be due
and paid on or before the 1st day of the month ("Due Date'"), every month for the
duration of the lease.
6. EXPENSES. The Parties agree that the responsibility for the expenses in relation
to this Lease shall be borne as follows:
a. Utilities.
Unit electrical bills shall be paid by the Lessee. The remaining utilities,
including heat, water and hot water shall be paid by the Lessor.
Lessee shall be responsible to pay for any phone, computer, internet,,
satellite or other services it may determine to provide at the Premises for its
operations.
b. Taxes.
Lessor shall pay any real estate taxes and any assessments or special charges
on the premises.
7. INSURANCE.
Casualty Insurance. The Lessor shall be responsible for obtaining and maintaining
casualty insurance for the Premises for losses against fire. Lessee shall be
responsible for obtaining and maintaining casualty insurance for its personal
property only.
The Lessee shall procure and maintain a valid Comprehensive General Liability
Insurance indemnifying the Lessor with minimum coverage of one million dollars
($110001000.00)6
8. ALTERATIONS AND IMPROVEMENTS. No alterations to or improvements
on the Premises shall be made by the Lessee without prior express consent of the
Lessor to the same in writing. The Lessor agrees to not unreasonably withhold
consent to reasonably necessary alterations or improvements. Lessee may make
Minor Repairs as noted below without specific consent of Lessor. The Lessee shall
ensure compliance with any and all applicable laws, rules, ordinances and codes
when undertaking any alteration or improvement to the Premises. In all cases of
alterations,, improvements, changes, accessories and the like that cannot be
removed from the Premises without destroying or otherwise deteriorating the
Premises or any surface thereof shall, upon creation, become the Lessor's property
without need for any further transfer, delivery or assignment thereof.
A. Obligations of Lessor:
Lessor shall be responsible for the following maintenance
services/activities--.
Garbage removal, including sweeping of sidewalk areas
Plumbing and pipes maintenance
Snow removal
HVAC Maintenance
Building Repairs
B. Obligations of Lessee:
1. The Lessee shall keep the premises in a clean, sanitary, neat and
presentable condition.
2. The Lessee shall, at its sole expense restore, repair and/or rectify any
damage, outside of ordinary wear and tear,, to the Premises caused by
the Lessee or others that the lessee permits into the Premises that are not
covered or compensable by any insurance.
10. ASSIGNMENT. Lessor may assign the Lease with at least thirty days' notice to
Lessee. Lessee may not assign the Lease, any part of the Lease or any of the rights
or obligations herein without the prior express and written consent of the Lessor.
11, RIGHT OF ENTRY. The Lessor shall, upon giving 2 business days' notice, be
granted by the Lessee access and allowed by the latter to enter the Premises to
make necessary inspections, repairs or alterations on the property,, or pursuant to
any lawful purpose as the Lessor, provided that the time of entry requested is
reasonable considering the purpose.
12. DAMAGE TO LEASED PREMISES. If the event that the Premises and/or the
structure or building in which it is located is damaged or destroyed by fire or other
casualty without the fault or negligence of the Lessee or its agents, the Lessor shall,
at its own expense, repair the damaged portion, the Premises, structure and/or
building to restore the same to substantially the condition in which it was handed
over to Lessee. The Rent shall be abated until such repairs are completed.
In the event such repair cannot be accomplished or of total destruction the Lease
shall cease and terminate with no early termination or other liability accruing to
either of the Parties.
13. TERMINATION.
For Cause. If either party shall fail to fulfill in timely and proper manner any of
the material obligations under this Agreement, the other party may, at its
discretion, terminate this Agreement by written notice. Notice shall give a
reasonable time to correct any deficiency which shall not be less than ten (10)
business days. In this event, Lessor shall be entitled to rent to the date the property
is vacated by Lessee.
14. SURRENDER OF PREMISES. On or before 11:59 P.M. on the last day of the
Lease Term, the Lessee shall deliver up vacant possession of the Premises to Lessor
more or less in the condition it was delivered to the Lessee, save ordinary wear
and tear, and the Parties shall carry out the inspection of the Premises and shall
sign a handover form Jointly prepared and signed by Parties to confirm the
condition and handover of the Premises. The Lessee shall also return all keys and
other devices giving access to any part of the Premises and the building or
structure in which it is located.
15. INDEMNIFICATION. It is the 'intention of the parties that each party shall be
solely responsible for its own actions, inactions,, and activities, including the
actions and activities of its own officers, employees and agents while acting within
the scope of their employment.
Lessor covenants and agrees to protect and hold Lessee harmless against all
actions, claims, and demands which may arise to the proportionate extent caused
by or resulting from the intentional or negligent acts of Lessor, its employees,
agents, assigns, or invitees. itees. Lessor shall indemnify or refund to the City all sums
expended including court costs,, attorney fees, and punitive damages which the
City may be obliged or adjudged to pay. Claims or demands are due within thirty
(30) days of the date of the City"s written demand for indemnification or refund
for those actions, claim, and demands caused by or resulting from intentional or
negligent acts as specified in this paragraph.
Subject to any and all immunities and limitations contained in Wisconsin Statutes,
Sec. 893.80, and any applicable part of the Wisconsin Statutes, the City agrees to
hold Consultant harmless from liability, including claims, demands, losses, costs,
damages, and expenses of every kind and description (including death), to the
proportionate extent caused by or result from the intentional or negligent acts of
the City, its agents or assigns, its employees, related to the use of the Premises,
where such liability is founded upon or grows out of the acts or omission of any
of the officers, employees or agents of the City of Oshkosh while acting within the
scope of their employment. .
16. GOVERNING LAW. This Lease shall be governed by and its terms and
conditions be interpreted according to the laws of the State of Wisconsin.
17. NOTICE. All notices in relation. to this Lease shall be delivered to the following
addresses:
To the Lessee at the address:
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To Lessor at the address. -
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18. SEVERABILITY. Should any provision of this Lease be found, for whatever
reason, invalid or unenforceable, such nullity or unenforceability shall be limited
to those provisions. All other provisions herein not affected by such nullity or
dependent on such invalid or unenforceable provisions shall remain valid and
binding and shall be enforceable to the full extent allowed by law.
19. BINDING EFFECT. The terms, obligations, conditions and covenants of this
Lease shall be binding on Lessee, the Lessor, their heirs, legal representatives and
successors in interest and shall inure to the benefit of the same.
20. ENTIRE AGREEMENT. This Lease and, if any, attached documents are the
complete agreement between the Lessor and the Lessee concerning the Premises.
There are no oral agreements, understandings, promises,, or representations
between the Lessor and the Lessee affecting this Lease. All prior negotiations and
understandings, if any, between the Parties hereto with respect to the Premises
shall be of no force or effect and shall not be used to interpret this Lease. No
modification or alteration to the terms or conditions of this Lease shall be binding
unless expressly agreed to by the Lessor and the Lessee in a written instrument
,signed by both Parties.
IN WITNESS WHEREOF, the parties hereto set their hands and seal this day
of ,2025.
Le is S" ature Printed Name
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF WfSttTITSM
a �4 4 — County, ss.
Oh this day of t 1 20) f before me appeared
0
1` f / / , as LESOR of this Lease Agreement who was known to
me or proved to me through government issued photo identification to be the
above -named person, in my presence executed foregoing instrument and
acknowledged that they executed the same Lcaass,.teir ee ar ann.4 deed.
Notary Public
NATASHA GOODALL
NOTARY PUBLIC - STATE OF COLORADO My commission expires: (J-,
NOTARY ID 20234013236
MY COMMISSION EXPIRES APR 6) 2027
CITY OF OSHKOSH, WISCONNSIN
By -
Rebecca Grill, City Manager
By:
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City Clerk Vs
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
t.
Jul' Calmes, Finance Director
Approved as to form:
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By.
A. Lorehsopkity Attorney
STATE OF WISCONSIN
ISS
COUNTY OF WINNEBAGO}
Personally came before me this day of 2025, the
. 7jT�W
above named Rebecca Grill and , to me known to be the City
Managerand j � yr � r Clerk respectively, of the City of Oshkosh Wisconsin, and the
persons who executed the foregoing instrument. ,o�,,,,,, � � � ►,►,
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Notary Public State of Wiscong'Ug U G
My Commission: � ' - - • + " �
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