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Home My WebLink AboutRental Agreement/FVTC RENTAL AGREEMENT THIS INDENTURE, made this 1st day of January, 2011, by and between City of Oshkosh - Senior Center, of the City of Oshkosh, Winnebago County, Wisconsin, hereinafter referred to as the "LESSOR ", and FOX VALLEY TECHNICAL COLLEGE a /k/a FVTC a /k/a Fox Valley Vocational, Technical, and Adult Education District, having a principal office located in the Town of Grand Chute, Outagamie County, Wisconsin, hereinafter referred to as the "LESSEE ". RENT AND OBLIGATION PROVISIONS 1. PREMISES LEASED. The LESSOR does hereby grant unto the LESSEE a non- exclusive right to use the following described premises situated in the City of Oshkosh, County of Winnebago, and State of Wisconsin, at 200 North Campbell Road, more particularly described as: Various classrooms in the two buildings known as the Oshkosh Senior Center located at 200 North Campbell Road, Oshkosh, Wisconsin (North and South Facilities). In addition to the above, Lessor shall have the right to place and use their own storage cabinets and use Center closet areas, both as assigned by the Director of Senior Services. 2. TERM OF THE LEASE AND RENT FOR PREMISES. The term of the lease shall begin on the 1st day of January, 2011 and end on the 31st day of December, 2013, the LESSEE yielding and paying quarterly rent of Three Thousand and 00 /100 Dollars ($3,000.00), payable on the first day of each and every quarter during said term, at 200 North Campbell Road, Oshkosh, Wisconsin, or such other place as the LESSOR may designate in writing. JAN 2 4 2011 The rental agreement shall be automatically renewed for an additional six (6) month period of time (January 1, 2014 to June 30, 2014) unless either party gives written notice by September 1, 2013. 3. INSURANCE. LESSEE shall be responsible to provide its own insurance covering items of personal property used or stored at the Oshkosh Senior Center sites. 4. CONDITION OF PREMISES. Prior to occupancy by LESSEE, LESSOR represents that the premises are in fit condition for use by LESSEE. Acceptance of the premises by LESSEE shall be construed as recognition that the premises are in a good state of repair and in sanitary condition. LESSEE shall surrender the premises at the end of the lease term in the same condition as when LESSEE took possession, excepting agreed upon alterations, allowing for reasonable use and wear, and damage by`acts of God, including fire and storms. 5. LIABILITY INSURANCE. LESSEE shall procure and maintain in force at its expense during the term of this lease and any extension thereof public liability insurance with insurers and through brokers. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring in or around the leased premises, in a minimum amount of One Million and 00/100 ($1,000,000.00) Dollars for any one accident or incident and Two Million and 00/100 ($2,000,000.00) Dollars aggregate. LESSEE agrees to indemnify and hold LESSOR harmless for any such damage claims occasioned by LESSEE'S use of the leased premises. LESSOR shall obtain and maintain liability insurance to protect its interest, including any and all fire and extended coverage. 6. ALTERATIONS. The LESSEE shall make no alterations in or to said premises without the consent of LESSOR and obtained in writing under penalty of forfeiture of this lease and damages. All alterations to said premises shall remain for the benefit of the LESSOR, unless otherwise provided in said consent as aforesaid. LESSOR 2 shall respond to LESSEE's request for such alterations within ten (10) working days, and approval of such requests shall not be unreasonably withheld. BUILDING PROVISIONS 7. MAINTENANCE OF STRUCTURE. LESSOR shall maintain structural sections of the building, heating, cooling and electrical systems, and the building front and exterior as described in Section 704.07(2) Wis. Stats., including roof and structural repairs, except as hereinafter provided, and excepting damages caused by the negligence of LESSEE, for which damages LESSEE shall be fully responsible. 8. USE OF PREMISES. The premises herein leased and every part thereof shall, during said term, be used only for school classrooms and instructional use and for no other purpose and the LESSEE will not permit said premises to be used for any immoral or unlawful purpose, or purpose that will injure the reputation of the same or the building of which they are a part, and will not use or keep in or about the said premises any article or thing which would anywise affect the validity of the Standard Fire Insurance Policy of the State of Wisconsin. LESSEE shall not use the premises in any manner that will increase risks covered by insurance on the premises and result in an increase in the rate of insurance or a cancellation of any insurance policy, even if such use may be in furtherance of LESSEE's business purposes. LESSEE shall not keep, use, or sell anything prohibited by any policy of fire insurance covering the premises, and shall comply with all requirements of the insurers applicable to the premises necessary to keep in force the fire and liability insurance. 9. GENERAL CARE OF PREMISES/ SECURITY. The LESSEE shall keep the premises in as good repair as they are in at the commencement of the term, except reasonable use and wear thereof and damage by accidental fire or other accidents not caused by the negligence of the LESSEE. 3 C_"�� LESSEE shall be responsible for securing all exits during periods when LESSEE is using the facility but the facility is not otherwise open to the public. 10. REPAIR OF FIXTURES. The LESSOR shall be liable for repairs to water pipes, sewer pipes, gas pipes, drains and plumbing in said premises except those which are occasioned by reason of negligent acts or omissions of the LESSEE. 11. LOCAL LAWS. The LESSEE and the LESSOR shall obey all lawful orders, rules and regulations of the health officers, and all the health ordinances of the City of Oshkosh. LESSEE shall not keep or allow on or about the rental premises any live animals. 12. PAINTING. The LESSEE shall not paint the premises without the written consent of the LESSOR. 13. SIGNS. Lessee shall be permitted to place temporary signs as necessary to direct students to classroom facilities. No signs shall be affixed to any portion of the structures of the building without prior written permission of the Director of Senior Services. GENERAL PROVISIONS 14. DAMAGE BY FIRE OR OTHER DISASTER. In case the premises shall be partially damaged by fire or other disaster, the same shall be repaired as speedily as possible by and at the expense of LESSOR, subject to paragraph 5 above. In case the damage is so extensive as to render the premises untenable or potentially untenable, the rent shall cease or abate pro -rata to the damage until the same are repaired. If the premises be so damaged that the owner shall decide not to rebuild, said term shall cease, the premises shall be surrendered, and the accrued rent be paid up to the time of the fire or other disaster. 4 Oire" 15.ABANDONMENT BY LESSEE. If the LESSEE shall abandon or vacate said premises before the expiration of said term, the LESSOR shall be at liberty and shall have the obligation to make its best efforts, at its option, to re -let the same and apply the money derived from such re- letting to the rent due or to become due on this lease, and the LESSEE shall remain liable for any deficiency and agrees to pay the same. 16. CONFORMITY TO CODE. Unless specifically provided hereafter, LESSOR has not received notice from any code enforcement authority, requiring corrections of building or housing code violations. 17. GOVERNING LAW. It is agreed that this lease agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin. 18. MODIFICATION. Any modification of this lease agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 19.ATTORNEYS FEES. If LESSOR or LESSEE files an action to enforce any agreement contained in this lease agreement, or for breach of any covenant or condition, the prevailing party shall pay the reasonable attorney fees for the services of prevailing party's attorney in the action, all fees to be fixed by the court. 20. DEFINITIONS. The terms "LESSOR" and "LESSEE" when used herein shall be taken to mean either singular or plural, masculine or feminine, as the case may be, and the provisions of this instrument shall bind the parties mutually and their respective heirs, executors, administrators, legal representatives, successors and assigns. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and year first above written. 5 9(1Y\ FOX VALLEY TECHNICAL COLLEGE DISTRICT LESSEE: By j9 & ,t` � Dr. Susan May, President Fox Valley Technical Coll e CITY OF OSHKOSH - SENIOR CENTER LESSORS: t Recommended / / By ;L Mark Zieme , Dire to - Os kosh Senior Services CITY OF OSHKOSH - SENIOR CENTER LESSORS: By Mark ohloff, City Manager CITY OF OSHKOSH - SENIOR CENTER LESSORS: r By . r' Al . 'i_�ak Pamela R. Ubrig, City _ Clerk U CITY OF OSHKOSH - CITY ATTORNEY Appld By ( ■ '■i Od 1-AL67_4--- n orenson 6