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ADDENDUM TO LEASE
THIS ADDENDUM is made this day of U L' -"z , 1989,
to a certain Lease between FREDERICK J. and GRACE G. SPERLING
("Landlord") and the City of Oshkosh, a municipal corporation located
in Winnebago County, Wisconsin ("Tenant") , dated April 26, 1989, as
follows:
WHEREAS, Tenant has purchased Lot 25 and a portion of Lot 26
of Block 20 in L.M. Miller's First Addition, Eighth Ward, City of
Oshkosh, and has leased from Landlord the west thirty (30) feet of the
south forty (40) feet of said Lot 26 of Block 20, all for parking lot
purposes; and
WHEREAS, Landlord owns a building which abuts said premises
and therefore requires an easement over the subject premises for
building maintenance purposes;
NOW, THEREFORE, Tenant hereby grants Landlord an easement
over the westerly five feet of said Lots 25 and 26 for building
maintenance purposes. Said easement shall run for the duration of the
parties' lease noted above and shall expire upon termination of the
lease.
Landlord shall notify Tenant in writing of any maintenance
work which may affect the availability of parking stalls. Said
notice, which shall be provided at least five days prior to the
commencement of such work, shall include the nature of the work
anticipated, the number of parking stalls which may be closed for use
and the anticipated duration of such work. Landlord shall use his
best efforts to minimize disruption to the parking lot and shall
Addendum to Lease: Sperling/City of Oshkosh: P. 2
indemnify and hold Tenant harmless for any claims arising from
Landlords activity under this addendum.
IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and fixed their seals, the day and year first above written, the
corporate parties by their proper officers duly authorized hereunto.
LANDLORD: ff // TENANT: 'CITY OF �OSHKOSH
�cv ' LLLUL, ' �..L.k �,c c t / By: '/� %��..Frederick J. �S e ling ) Wull am D. Frueh, City Manager
L.�e. _,,>• -p And: nl�', ti 6 . e42,�(7; )
Grace G. Sperli Donna C. Serwas, City Clerk
APPROVED '
JUN 07 ►gb\
1: 1"61". 14
CITY ATTORNEY
OSHKOSH,WISCONSIN
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LEASE
THIS LEASE is made this day of v ( L_ , 1989, between
FREDERICK J. and GRACE G. SPERLING ("Landlord") and the CITY OF
OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin ( "Tenant" ) .
The parties hereto , in consideration of the leasing by Landlord
to Tenant and the taking by Tenant from Landlord of the premises
herein described , and in further consideration of the obligations of
each party to the other hereby undertaken, mutually covenant and
agree as follows:
1 . Landlord hereby leases and demises to Tenant , and Tenant
takes from Landlord , the premises in the City of Oshkosh, Winnebago
County Wisconsin , described as follows:
The west thirty ( 30) feet of the south
forty ( 40 ) feet of Lot 26 , Block 20 ,
L .M. Miller ' s First Addition , Eighth Ward ,
together with any and all easements, licenses , privileges , rights of
ingress and egress and all other appurtenances appertaining to said
premises to be used for a parking lot.
2. The term of this lease shall be for ten ( 10) years , from
May 15 , 1989 , until May 15 , 1999 , and shall con-
tinue thereafter at five-year increments of tenancy until terminated
as follows: effective at the end of the first ten-year period or
any subsequent five-year term by giving prior written notice of its
intention to so terminate. Notice shall be in writing and shall be
served on the other party at least six (6) months prior to the
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expiration of the first ten-year term or six (6) months prior to any
subsequent five-year term.
3. Tenant agrees that Tenant will , at Tenant's sole expense ,
make all repairs and provide all maintenance to or upon said demised
premises which become necessary during Tenant's occupancy of said
premises , which repairs shall include, but not limited to, repair
and repaving of asphalt when necessary , sweeping , plowing or removal
of snow, maintenance and repair of sidewalks , and any other repairs
or maintenance required , from time to time , on behalf of said
premises , Tenant also agrees that it will keep the demised premises
in a clean condition , according to local ordinances and the direction
of the proper public officers , during the term hereof. Upon
termination of this Lease , the demised premises shall be returned to
Landlord in a condition satisfactory to Landlord .
4 . Tenant shall pay for any and all utilities used by it upon
the demised premises .
5. Tenant covenants and agrees that it will protect and save
and keep Landlord forever harmless and indemnified against and from
any and all penalties or charges imposed for violation of any laws
or ordinances , and that Tenant will at all times protect, indemnify ,
save and keep harmless Landlord against and from any and all alleged
or actual losses , costs , claims , damages or expenses , resulting or
arising out of or from any accident or other occurrence on or about
the demised premises causing injury to any person or property,
whomsoever or whatsoever .
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6. Tenant shall obtain and maintain during the term hereof or
any renewal hereof, General Liability Insurance with limits of not
less than One Million Dollars per occurrence , One Million Dollars
aggregate and Five Hundred Thousand Dollars fire damage ,
containing provisions satisfactory to Landlord and adequate to
protect Landlord as well as Tenant from any and all claims for death
of, or injury to, person or damage to , or loss of, property which
may arise out of the use and occupancy of the premises herein
demised. All such policies shall provide that coverage thereunder
shall not be terminated without at least ten ( 10) days prior written
notice to Landlord. The furnishing of such certificate to Landlord
shall be deemed to be compliance with this Article 6 .
7. Tenant agrees to pay all general real estate taxes and
special assessments levied and assessed upon said demised premises
during the term of this Lease .
8. It is mutually understood by and between the parties hereto
that all of the covenants and obligations of Tenant hereunder are in
lieu of any formal rental payment to be made by Tenant to Landlord ,
it being the intention of the parties that Landlord shall have no
operating or maintenance costs in connection with said demised
premises during the term of this Lease .
9. Landlord covenants that Tenant , on performing Tenant's
covenants as aforesaid , shall and may peaceably and quietly have,
hold and enjoy the demised premises for the term aforesaid .
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10. The Tenant agrees to reserve two parking spaces for the
exclusive use of Landlord which shall be signed as for use as handi-
capped parking or in any other manner that Landlord directs. Time
is of the essence with regard to Tenant establishing these two
parking spaces within a reasonable length of time after execution of
this agreement .
11 . The Tenant agrees to construct a barrier between the
leased premises and the balance of the Landlord 's property which
would prevent vehicular movement between the properties , but which
would allow wheelchair movement .
12. All notices provided for herein shall be given by
registered mail , postage prepaid , return receipt requested and if
given by Tenant to Landlord shall be addressed to :
Frederick or Grace Sperling
290 South Westfield Street
Oshkosh , WI 54901
and if given by Landlord to Tenant shall be addressed to:
City Manager
215 Church Avenue
Oshkosh , WI 54902-1130
13. The word "Tenant" whenever and wherever used herein,
although expessed in the singular number shall , nevertheless, be
taken to apply to the persons , one or more , male or female , and/or
firms or corporations , although plural in number, respectively , as
the same may be described as "Tenant" herein and , all pronouns used
herein and referred to said "Tenant" shall be construed accordingly ,
regardless of either number or gender thereof.
14. The provisions of this Lease shall be binding upon and
shall inure to the benefit of the parties hereto and their respective
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heirs , executors , administrators , successors and/or assigns. This
Lease covers in full each and every obligation of every kind or
nature whatsoever from Tenant to Landlord and from Landlord to
Tenant concerning the premises hereby demised .
IN WITNESS WHEREOF , the parties hereto have hereunto set their
hands and affixed their seals , the day and year first above written,
the corporate parties by their proper officers duly authorized
hereunto .
Witnesses to Execution Landlord :
by Landlord :
Frederick J . Spetling
Grace G. Sperli ig
Witnesses to Execution by Tenant :
Tenant :
Wi Liam D . Frueh ,, City Manager
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Lit
Donna C . Serwas , City Clerk
Approved as to Form:
ity Attorney
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