HomeMy WebLinkAboutLast Chance Tavern/Evelyn Fritz C ,&
LEASE
THIS AGREEMENT made this t day of S mot. , 1989 ,
between the City of Oshkosh, a Wisconsin municipality (LESSOR) ,
and Evelyn Fritz, operator of the Last Chance Tavern, (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 0 DOLLARS per month.
Lessee acknowledges that the Lessor is required to provide one
month of rent-free occupancy. The Lessee will vacate the property
at the end of the rental period.
2 . The term of this lease shall be for a one month term
beginning June 1, 1989 and concluding June 30, 1989 . This
agreement shall not be renewable. Lessee does not intend to
renew, for the July 1, 1989 - June 30, 1990 , license year, the
licenses required by Chapter 125 of the Wisconsin Statutes and
Chapter 4 of the Oshkosh Municipal Code to operate a tavern.
Lessee intends to vacate the premises known as the Last Chance
tavern at the expiration of this one month lease and thereby
expressly waives notice requirements of Section 32 . 06 (9) (c) , Wis.
Stats.
3 . Lessee shall pay the following utilities: Heat, sewer,
water, electricity and telephone.
4 . Lessee shall pay all personal property taxes which may be
levied.
5. Lessee shall use and occupy the subject premises for
commercial purposes only as a tavern, 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.
6 . 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.
7 . Lessor shall maintain in safe, operating condition, the
plumbing, heating and electrical systems, except for such damage
as may be caused by operation of Lessee ' s business.
5k� 8 . -e shall maintain all nec- - 1 insurance,
Qua naming Lessor as a s . - sured, including general , fire
WpR�a� casualty, propert _ - . iabili y, . • . - com.ensation and
taorC fly- if r- • - ed, and shall provide proof of same s.
1.451A hold Lessor harmless against addition, claims protect and
imsand demands of
fany 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.
9 . 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.
10. 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.
11. 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.
12 . 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.
13 . 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.
14 . 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, LAST CHANCE TAVERN
a Wisconsin municipality
,a ,v414„ 1,
WI D. FRUEH Evelyn
CITY MANAGER proprietor
D NNA C. SERW S
CITY CLERK
APPRO ' , D BY:
��►
AA Q,—
WARREN P. KRAFT, ss City Atty.
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