HomeMy WebLinkAboutClaude & Evelyn Fritz LEASE
THIS AGREEMENT made this day of \ c.--e_ , 1989,
between the City of Oshkosh, a Wisconsin mUjicipality (LESSOR) ,
and Claude and Evelyn Fritz (LESSEE) , as follows:
In consideration of the agreements contained herein, Lessor
leases to Lessee and Lessee leases from Lessor the premises
`,/ located at 111{ State Street on the following terms and
'�" conditions:
1. Lessee shall pay as rent the sum of TWO HUNDRED DOLLARS
AND 00/100 ($200. 00) per month, payable on the first day of each
month beginning July 1, 1989 . (Lessee acknowledges that as
required by state regulations it has already received one month
of rent-free occupancy. ) All payments shall be made to
COLLECTIONS, City of Oshkosh, P.O. Box 1130, Oshkosh, WI 54902-
1130 . Rent due and not paid as of the eighth (8th) day after the
rent was due shall be considered delinquent rent, 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. In the event Lessee
vacates the property before the end of a rental period and
written notice has been given twenty-eight (28) days prior to the
termination date of a monthly rental period, Lessee shall be
entitled to a pro rata refund of advance rent payment.
2 . The term of this lease shall be for a three month term
beginning July 1, 1989 and concluding September 30, 1989. In the
event that the Lessee secures suitable replacement housing before
September 30, 1989, the Lessee shall provide written notice to
the Lessor which will terminate this Agreement. The Lessee shall
be refunded rent on a pro rata basis for the remaining portion of
the month, if any, after the Lessee vacates the property.
3 . Lessee shall pay the following utilities: Heat, sewer,
water, electricity and telephone.
4 . Lessee shall use and occupy the subject premises for
residential purposes only, 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. At
all times, Lessee shall observe and comply with all rules,
regulations, laws, and Ordinances in effect or which may be
enacted during the term of this lease.
5. Lessee shall keep the premises in as good repair as the
premises are at the commencement of this term, except for wear
and tear arising from reasonable use of the premises. Lessee
shall not attach fixtures or other attachments to the building
structure without prior written consent of Lessor and shall
restore the premises to the original condition upon removal of
those fixtures or attachments.
6. Lessor shall maintain in safe, operating condition, the
plumbing, heating and electrical systems.
-=- - - - u. 'ntai , - ���55axy liability lnsi Ylae,
naming Lessor as a ddItional in . cluding general, fire
G 4S casualty, y and liability, and flood i -
u a-l-t r vide proof of same satisfactory to Lessor' s attorney.
C /
In addition, 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, and shall
indemnify the City all sums which it may be obliged or adjudged
to pay therefore, for all liability that may arise, including
attorney fees, within thirty (30) days of demand.
8. Lessor shall be permitted to enter on the premises or
any part thereof at all 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, and for placing notice to rent, and Lessee shall not
interefere with such actitivites.
9 . 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
materialsmen shall be created or shall arise against the subject
premises.
10. The parties have examined and know the condition of the
premises and Lessee has accepted the premises in good order and
repair, and no representations as to condition or repair thereof
have been made by Lessor or agent prior to, or at the execution
of, this agreement.
11. The parties further understand that the subject premises
are part of Modification No. 2 to the Redevelopment Plan for the
Oshkosh Centre Redevelopment Project Area No. 1 and that further
redevelopment activity, including razing of the premises, shall
be performed according to the then-applicable Wisconsin Statutes
and administrative regulations.
12 . 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.
13 . This agreement shall not be modified except upon mutual
written agreement and shall not be assigned except upon written
permission of Lessor, whose consent shall not unreasonbly be
withheld.
LESSOR LESSEE
CITY OF OSHKOSH,
a Wisconsin municipality
9J
WILLIAM D. FR EH Claude Fritz
CITY MANAGER renter
(11' JdeV,01:b) tv-dA _ -7 hag--
ONNA C. SERWAS Evelyn Fritz
CITY CLERK renter
APPROVED BY:
JI
(1 L
WA-4= ' • . F , Ass . City Atty.
leasapt