HomeMy WebLinkAbout07-72
FEBRUARY 27, 2007
07 -72
RESOLUTION
(CARRIED
LOST 1-6
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE GROUND LEASE
INITIATED BY:
CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Ground Lease with Donald McDonald and Larry B. Hirschberg for land in Eveline Street
lying South of the paved portion of Bayshore Drive is hereby approved and the proper City
officials are hereby authorized to execute and deliver the agreement in substantially the
same form as attached hereto, any changes in the execution copy being deemed approved
by their respective signatures, and said City officials are authorized and directed to take
those steps necessary to implement the terms and conditions of the Agreement.
GROUND LEASE
THIS AGREEMENT made this _ day of , 200_ between the City
of Oshkosh, a Wisconsin municipality with its principal offices located at 215 Church
Avenue, Oshkosh, WI 54903-1130 (LESSOR), Donald McDonald, 1283 Bayshore Drive,
Oshkosh, WI 54901 (LESSEE) and Larry B. Hirschberg, 1301 Bayshore Drive, Oshkosh,
WI 54901 (LESSEE), as follows:
In consideration of the agreements contained herein, the sufficiency of which is
hereby acknowledged, Lessor agrees to lease exclusively to Lessee the land with the
following legal description:
Eveline Street lying South of the paved portion of Bayshore Drive
and Lessee agrees to lease from Lessor, the premises located at the above legal
description, on the following terms and conditions:
1) The term of the lease shall run from October 1 , 2007 through May 31, 2008. The
lease shall automatically renew each successive year for the same term (October 1
through May 31) unless terminated by the Lessor or Lessee with written notice to the
Lessor or Lessee, at the address listed above, by August 1 preceding the commencement
ofthe renewal. Upon such termination, Lessee shall remove all personal property from thE~
leased premises.
2) Each Lessee shall pay as rent the annual sum of FIFTY AND 00/100 DOLLARS
($50.00). The rent shall be paid by October 1 of each year. All payments shall be madE~
by check and shall be made to COLLECTIONS, City of Oshkosh, P.O. Box 1130, Oshkosh,
WI 54903-1130. Rent due and not paid as of the fifth (5th) day after the rent was dUE~
shall be considered delinquent rent and subject to a $50 late fee, unless prior arrangement
. for late payment has been made with, and approved by the City Manager or designee.
Written notification of such delinquency shall be given Lessee prior to referring the matter
to the City Attorney for legal action.
/
3) Lessee shall use and occupy the subject premises for storage of docks, boat
hoists and any related materials and for no other purpose except with the prior written
consent of Lessor. Lessee shall not use the premises for any unlawful or extrahazardous
purpose nor shall Lessee permit others to use the premises for such purposes.
4) Lessee agrees to protect and hold Lessor harmless against all actions, claims
and demands of any kind or character whatsoever arising from Lessee's use of thE~
premises during the term of this lease (October1 through May 31), and shall indemnify the
City all sums which it may be obliged or adjudged to pay therefore, for all liability that may
arise from lessee's use of the premises during the term of this lease (October 1 through
May 31), including attorney fees, within thirty (30) days of demand.
5) Lessor shall be permitted to enter on the premises or any part thereof at
reasonable hours for the purposes of examining or exhibiting same or making such repairs
or alterations as may be necessary under the terms of this agreement.
6) Lessee shall not make any contract for construction, repair, or improvement on,
in, of, or to the premises or any part thereof, or for any work to be done or materials to bE~
furnished on or to the premises or any part thereof, without having first obtained prior
written permission of Lessor. Lessee shall provide in any such contract that no lien of
mechanics or materialmen shall be created or shall arise against the premises.
7) At the expiration of this lease or in the event Lessee. shall by any court bE~
adjudged bankrupt or insolvent or shall make an assignment for benefit of creditors,
Lessee shall give peaceable possession of the premises to Lessor in as good condition as
they are now, the usual wear excepted.
8) This agreement shall not be modified except upon mutual written agreement and
shall not be assigned by Lessee except upon written permission of Lessor, whose consent
shall not unreasonably be withheld. By this agreement, the parties do not intend to
reinstitute rights and obligations already completed under any prior lease of the Lessee.
December~,2006
December~,2006
LESSOR ,
CITY OF OSHKOSH, a Wisconsin municipality
RICHARD A WOLLANGK,
CITY MANA~ER
APPROVED BY:
PAMELA R. UBRIG,
CITY CLERK
LYNN LORENSON, ASSISTANT CITY ATTORNEY
Drafted by:
Dempsey, Williamson, Kelly & Hertel, LLP
Jason J, Hirschberg
One Pearl Avenue
Oshkosh, WI 54901
920-235-7300