HomeMy WebLinkAboutRichard Schuhart/Farm Lease FARM LEASE
THIS LEASE AGREEMENT, made and entered into this 4th day of
March, 1988, by and between the CITY OF OSHKOSH, a municipal
corporation located in Winnebago County, Wisconsin, party of the
first part , RICHARD SCHUHART, 600 E. Snell Road , Oshkosh,
Wisconsin , party of the second part , hereinafter referred to as the
"Lessee" .
WITNESSETH:
That the CITY OF OSHKOSH in consideration of the mutual
agreements herein made, hereby leases and lets to lessee , and
lessee hereby leases and rents from the CITY OF OSHKOSH
described as follows :
Ear. 11 2
Sec . 1 - 18- 16 Comm. on E. line Jackson St . 165 .34 ft . S of W
1/4 corner N 89 degrees 25 minutes 36 seconds E. 1243.03 ft.
to W line N. Main St. S on said W line 331 .01 ft . S 89 degrees
26 minutes 31 seconds W 984.09 ft. N. 0 degrees 4 minutes 3
seconds E 190 ft. S 89 degrees 26 minutes 31 seconds W 259.83
ft. to E line Jackson St. N along said E line 140 .68 ft. to
beg. being part of NW 1/4 of SW 1/4 , 15th Ward , City of
Oshkosh , Winnebago County , Wisconsin .
Approximately 8 .7 acres of land in North Industrial Park .
To hold for the term of One ( 1 ) year from the 1st day of April ,
1988 , to the 31st day of March , 1989 , at an annual cash rental of
One Hundred Eighty Dollars ($180.00) . The rental fee shall be
payable on November 3 , 1988.
IN CONSIDERATION of said leasing , the lessee further agrees as
follows :
1 . To pay the rent as above specified .
2 . To use the premises for farming and for no other purpose .
1
3. To operate and cultivate the premises in a good and
husband-like manner .
4 . To cut down no trees without the consent of the City .
5 . To keep all fences located thereon in a state of repair
substantially similar to the present condition of said fences .
6. To furnish and install such temporary fences which lessee
may deem necessary in the use of said property .
7. To destroy all noxious weeds , in compliance with state
laws and local regulations pertaining to the control of noxious
weeds in a reasonably thorough and complete manner .
8. To keep the premises in a neat and orderly condition .
9 . Not to sublet the premises or any part thereof.
IT IS FURTHER MUTUALLY AGREED by and between the parties as
follows :
1. That the CITY OF OSHKOSH specifically retains the right to
sell the above described property and to obtain actual possession
of all or any part of said premises upon ten ( 10 ) days notice
mailed to the Lessee by certified mail to his last known address
and upon offering in said notice to pay to Lessee an amount of
money equal to the value of the crops , the value of said crops to
be determined as of the date the notice is given; in ascertaining
the value of the crops , the cost of all labor and seed may be taken
into consideration, being the intent of the parties herein,
however, that all risk in the farming operation be assumed by the
Lessee and in case of an extremely good crop the value so to be
determined shall take that act into consideration and likewise in
the event of a poor crop , said factor shall be taken into consider-
ation in determining the value of the crops. The Winnebago County
Agricultural Agent is hereby designated as the party to determine
the value of said crops and his reports shall be binding upon the
2
parties hereto. Any fee to be paid the Agricultural Agent for this
service , or any other services rendered pursuant to this Lease,
shall be paid by the CITY OF OSHKOSH. The value of said crops
shall be tendered or paid to the Lessee within thirty (30) days
from the date of the notice aforesaid .
2. That if Lessee shall fail to pay rent as herein provided
or shall make default in any of the agreements herein, he shall
forfeit all rights under this Lease and the City may at its option
take immediate possession of the premises and may recover such
possession by action of forcible entry and detainer; and at the
expiration of this Lease , the Lessee agrees without further notice
of any kind to quit or surrender occupancy and the possession of
the premises.
The covenants and agreements herein contained shall bind the
parties hereto and their heirs , executors , administrators,
successors, and assigns.
IN WITNESS WHEREOF , the parties have hereunto set their hands
and seals on the day and year first above written .
In the Presence 7p:
�!I /
n _� (1� _-Z�z„44.4-z_L.Z:.11�( SEAL)
'� %� Richard Schuhart
CITY OF OSH SH
(- ...�-'L _— By
Wil lam D . Frueh , City Manger
U C1±14
-- And : , \i-fi s' L y � f
Donna C . Serwas , City Clerk
Approved as • fo m a d execution :
Warren P . Kraft , Asst . City Attorney
3