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HomeMy WebLinkAboutMorrison/133 State St LEASE THIS AGREEMENT made this 2nd day of September , 1987, between the City of Oshkosh, Wisconsin municipality (LESSOR) , and Marilyn D. Morrison (LESSEE) , as follows: In consideration of the agreements contained herein, Lessor leases to Lessee and Lessee leases from Lessor the premises located at 133 State St. , Oshkosh, Wisconsin on the following terms and conditions: 1. Lessee shall pay as rent the sum of SEVEN HUNDRED DOLLARS ($700. 00) per month, payable on the first day of each month. 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 one-year term beginning September 1, 1987 and concluding August 31, 1988. Terms of this lease shall begin on September 1, 1987 with the understanding that occupancy shall begin on September 1, 1987; however, rent will not be charged until October 15, 1987. If the Lessee does open for business prior to October 15, 1987 rent will be charged on a pro rata basis. This agreement shall be automatically renewable for one-year terms upon such terms and conditions as the parties may then agree to. The Lessor may, however, terminate the lease at anytime upon a sixty (60) day notice to lessee. The Lessee may terminate the lease at any time upon a twenty-eight (28) day notice to Lessor. 3 . Lessee shall pay the following utilities: electricty and telephone; lessor shall pay heating costs. 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 retail gift and antique sales, 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. 8. Lessee shall maintain all necessary liability insurance, naming Lessor as an additional insured, including general, fire, casualty, property and liability, and worker compensation and flood if required, and shall provide proof of same satisfactory to Lessor's attorney. 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. 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 interfere 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 aggreement. 12 . Lessor hereby gives its permission for Lessee to install a new doorway leading to the second floor of the building, said improvement to be the sole expense of the Lessee. It is the Lessee's responsibility to secure the necessary permit in compliance with applicable Building Code requirements. 13 . Lessor hereby gives its permission for lessee to remove and retain ownership of any carpeting installed in the building by the Lessee, following the termination of this lease. 14. 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, and that this lease does not entitle the Lessee to any Relocation benefits. 15. 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. 16. 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 unreasonably be withheld. LESSOR LESSEE CITY OF OSHKOSH, a Wisco in municipality l's J',1 ,,. _ Z-'//e4--' e72 „.41- / . ,t WILLIAM D. FRUEH f MAR YN T D. MORRISON CITY MANAGER r II r kinviih} L. 94/1,12,J) DONNA C. SERWAS CITY CLERK APP3WVED BY. A .- A --- KA WARREN P. KR AF_ , As City Atty.