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Home My WebLink About35355 / 89-55 May 4, 1989 #55 RESOL�TION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE LEASE AGR�EMENT INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Lease for property south of and adjacent to 109/111 Otter Avenue is hereby approved and the property City officials are hereby auLhorized and direcLed to enter into same. SJBMITTED HY ��GL �_ APPROVED - 34 - Res. #55 LEASE THIS LEASE is made this a�� day of _r��1ti�L r 1989� batween FHEDEAICK J. and GPACE G. SPERLING ("Landlortl") anC the CITY OF OSHKOSH, e municipal corporation l�ooated in Winnebago County, Nieconsin ( ^Tenant^ ) . The parties hereto , Sn consideration of Lhe leasing by Landlord to Tenant and the taking by Tenant from Landlord of the premiaes herein describatl , and Sn further consideratlon oP the obligations of eaeh party to the other hereby undertaken , mutually covenant and agrea as follows: 1 . Landlord hereby leases and demises to Tenant � and Tenant takes from Landlortl � Lhe premises in the City of Oshkosh� Winnebago County Wisoonsin , dascrSbad as follows: The west thirty ( 30) feet of the south torty ( 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 ingreas end egress and all other appurtenances apDertalnSng to sald premiaes to be used for a parking lot. 2. The term of this lease shall be for ten ( 10) yeara , from __ Mdy__15 ______� � q89 � untll _May _ 15_______ 7999 � and shall con- tlnue thereafter at five-year increments of tenancy until terminated as follows: effective at the end of the first ten-year period or any subsequent flve-year term by giving Prior xrltten notice of its intention to so terminate. Notice shall be in writing and shall be served on the other Oarty at least six ( 6) months prior to the 1 - 34a - - � � Res. #55 explretion of the firat ten-year term or six (6) months Orior to any aubsequent flve-year term. 3. Tenant agreea that Tenant will , at Tenant's sole expense � make all reDairs and Drovide all maintenance to or uDOn said demiaetl premises wh1c� become necessary during Tenant's oocupanoy of said premises � Nhich repairs shall include� but not limited to� repair antl repaving of asphalt when necessary, sweeping , plowing or removal of snow, maSntenance and repaSr of sidewalks, and any other repairs or malntenance required , from time to time , on behalf of eaid premises , Tenant also agrees Lhet it- will keep the demised Dramises in a clean oondition� acoording to local ordlnances and the direction of the proper public officers , during the term hereof. Upo� termination ot this Lease , the demised premises shall be returned to Landlord in a condltion satSSfactory Lo Landlord , 4 . Tenant shall pay Por any anC 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 indemnSfied against and from any antl all penalties or charges imposed for vlolation of any laws or ordinance8 , and that Tenant will at all timea protect� Sndemnify , save and keep hermleas Landlortl 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 oecurrence on or about the demised premises causing Sn,Jury Lo any Derson or property , uhomsoever or whatsoevQr . 2 - 34b - Res. N55 6. Tenant ahall obtaln and maintain during the term heraot or any renewal hereof� General Liability Inaurance with limita of not less than One Million Dollars per occurrence, One Million Dollars aggregate and Five Hundred Thousand Dollars fira damage , contalning provisions eatisfactory to LandlorA and ade9uate to protect Landlord as well as Tenant from any and all clalms for death of, or SnJury to, person or damage to , or losa of� DroDerty which may arise out of the use end occupancy of the premises herein demised. All such policies shall provide that coverage thereunder ahall not be terminated wlthout at least ten ( 10) days prlor written notice to LanClord . The furnishing . of such certificate Lo Landlord shall be Ceemed to be compliance with this Article 6 . 7 . Tenant agrees to pay all general real estate taxes and special assessments levled and assessed upon said demised premises during the term of thia Lease . 8. It 1s mutually understood by and batween the partles hereto that ell of the covenants and obligations of Tenant hereunder are in lieu of any formal rental Dayment to be made by Tenant to Landlord , it being the intention of the parties that Landlord ahall have no operating or maintenance costa Sn connection with said demised premiaes tluring the Lerm of this Lease . 9. Lantllord covenants that Tenant , on performir,g Tenant's covenants as aforesaid , shall and may peaceably and quietly have , hold and en,joy the demised premises for the term aforesaitl . 3 - 34c - Res. N55 10. The Tenant agrees to reserve two parking spaces for the exelusive use of Landlord which shall be signetl as for use as handi- capped parking or in any other manner that Lantllortl directs. Time is of the essence with regard to Tenant establishing these Lwo parking spaces within a reasona0le length of Lime after execution of Lhia agreement . 11 . The Tenzr. t agrees to construct a barrler between the leased premises and the balance of the Landlord 's Droperty whlch woultl Drevent vehicular movement between the properties � but Whlch would allow uheelchair movement . 12. All notSCes Drovlded for herein shall be given by registered mail , postage prepalG , return recelpt requested and if given by Tenant to Landlord shall be addressed to : Frederlek or CraCe Sperling 290 South Westfleld Street Oshkosh , WI 54901 and if glven by Lar.dlord to Tenant shall be aCdressed co : City Manager 275 Church Avenue Oshkosh , WI 5�902-1130 13• The word ^Tenant" uhenever and wherever used herein , although expessed Sn 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 sald "Tenant" shall be construed accordingly , regardless of either number or gender thereof. 14. The provisions of this Lease shall be Cinding upon and shall inure to the benefit o.` the parties hereto and thelr respective 4 - 34d - � RES. #55 heirs � executors � administrators , successors and/or assigns. This Lease covers Sn full each and every obllgatlon of every klnd or nature Whatsoever from Tenant to Landlord and from Landlord to Tenant concerning the premises hereby demised . IN WITNE55 WHEAEOF � the Dartles hereto have hereunto set thelr hands and affixed their seals , the day and year first above Nritten. the cor➢orate parties by their proper officers duly authorized hereunto . Witnesses to Execution Landlortl : by Lantllord : � -�� Frederick J . �, � �-_.l, l, ��i� �. �� LLL1��____� J ___ ____ �_____ J /3perling / ------------------------- �ik,�i.�=�_L��'s��LY�G�---- Grace G . Sperling � Hitnesses to Execution by Tenant : Tenant : _____________"____"'______ ________ ___' __'____ William D . Frueh � City Manager ____________________________ _________________________________ Donna C . Serwase CSty Clerk Approved ae to Form : ___________________________________ City Attorney 5 - 34e - � � - � n o - n O H � - A � • - O A T Z • C O � N � � W � znn �o o � o m m o 0 N � v -i ➢ �� . �p m � 9 J `+