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Home My WebLink About35241 / 89-506 February 16, 1989 #506 RESOLUTION (CARRIE� LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE LEASE WITH METRO AMBULANCE SERVICES, INC. INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Lease agreement with Metro Ambulance Services, Inc. for property at 49 W. llth Avenue is hereby approved and the proper City officials are hereby authorized and directed to enter into same. SUBAIITTED HY I yp-^?'��i;;,) //��_.-��"/� v _ p� _ Res. #506 Leess THIS IS A LEASE made and entered into this ________day of February� 1989 , by and between CITY OF OSHKOSH, herelnafter called ^LANDLORD" and METRO AMHULANCE SEAVICES� INC.� herelnafter called ^TENANT" . W I T N 6 S S E T H : The Landlord for antl in conaideration of the rent � covenants and agreements of the Tenant , has this date rented antl leased office building , and the Smmediate surrountling lantl on the property knoWn as 49 N. llth Avenue, Oshkoah, Nisconsin. 1 . TEAM: A. Orlginal Term: The orlginal term of this lease shall ena at mid❑ight , February 28�, 7990. B. Aenewals: The lease may be renewed only by mutual agreement of both parties , which renewal shall be reduced to writing as to the fact� as vell as to any change� terms � and conditions of the renewal lease. If not renewed , this lease shall expire on the date lntlicated aEOVe, unless, however, terminated by written notice of either party of not lass than nlnety ( 90) days . 2 . AENTAL: The Tenant shall pay to the Lantllord at his place of business, 215 Church Avenue� Oshkosh , Wlseonsin, or at such other place as the Landlosd ahall from time to time designate i❑ uriting , rental in the amount of Two Hundretl Seventy-five Dollars ($275.00) , per month, payable o❑ or before the 15th day of each month . - 27d - Res. #506 3 . USE OF PREMISES: The demised pramises shall be used by the Tenant for the oDeration of business office and operational facilities for an ambulance aervice and for no other purpose without the written consent of the Landlord . � 4 . OBLIGATIONS OF TENANT: A. Payment of Rentals: The Tenant shall pay at the time and in the manner heretotore provided , all rents called for by this agreement. An amount equal to one month's rent shall be paid at Snception of this agreement to be held by �the Landlord as a security deposit . B. Utilities: The Tenant shall pay for all uti11t1es including heat. In adtlition, the Tenant shall pay the cost of all snowplouing and lawn care . C. Use : Tenant shall not allov the premises to be used for any purpose that will increase the rate of Snsurance thereon or for any purpose other than that of business offlce and operational facllities for an ambulanee service, nor ahall the Tenant permit said premises to be used for � any unlawful or immoral purposes or for any purpose that would Sn�ure the reputation of the premisea, and will use or keep 1n or about the premises any article or item vhich vould in any way affect the validity oF the standartl Fire i�surance policy of the state of NSsconsin . D. Maintenance: Tenant shall maintain the premises in essentially the same condition they were in at the commencement of this term and ahall keep the area around the building clean and shall perform auch other maintenance keeping sidewalks clear of - 27b - Res. #50fi snov, cutting grass and the 11ke. Tenant shall not permit any alterations of or upon any part of the tlemised premises except within the wrltten consent of the Landlord � which consent shall ❑ot be unreasonably wlthheld. All alterations and adtlitions to Lhe demisetl premises made by Tenant shall remain for the benefit of the Landlord , unless otherwise provided in the Landlord 's consent. Tenant shall provitle normal malntenance in exchange for use of the stove and refrigerator now on the premises and owned by Landlord . E. SSgns: Tenant shall ❑ot place any s1gn� or advertising on the building without the written conaent of the Landlord . F. Removal: Tenant may install removable fixtures Sncldental to Tenant's business all of qhich may be removed by the Tenant upon the expiration of the Lease or any renewal thereof; provided � that Tenant shall leave said premises Sn gootl condition and substantially as they were before said removal. Antennas and poles must De removed by Tenant upon vacating premlaes. Tenant may attaeh its antenna to Landlord's existing LoWer� sub�ect to Landlord's option to relocate the tower� and Tenant's antenna shall not interfere with the operation of the public rorks radio sy9tem. G. Termination and Bankruptcy: If the Tenant shall be ad�udged bankrupt or If �udgment is rendered against the Tenant Sn such an amount as to render Tenant insolvent and incapable of meeting the obligations hereuntler, antl such �udgment or order is not appealed from, or if the Tenant shall make an assignment for the benefit of creditora or a receiver shall be appointed for him by a court of competent �urisdiction and said order appointing receiver ia - 27C - Res. #506 not appealed from by the Tenant� this lease ahall immediately terminate and the Landlortl ahall have the right to recover the premises . H. Landlortl's Access: The Tenant shall allow the Landlord or his agents or employees access to the demised premises at all reasonable times and in the event of an emergency for the purpose of examiing the premises or make a ❑eedful repair or alteration , or malntenance of vater equipment. During the last thirty (30) days of this lease or any renewal term, the� LantllorG may show the premises to prospective tenants prov�iding such ahowing doea not unreasonably Snterfere with the Tenant's use of the premises. In adtlition, Landlord may continue to use premises as a polling place for all elections , as a storage facility Sn the basement area and as a ce�ter for its public Works radio system, although Landlord may dlsmantle system including tower for relocatio❑ elsevhere . 5 . OBLIGATIONS OF LANDLORD: A. The Landlord � at his expense� shall perform all structural repairs as are necessary to keep the premises Sn the same condition they were in at the commencement of the term, ordinary wear end tear and the neglect of the Tenant alone , being exceptad . B. Taxes: Landlord shall pay for all real estate taxes anG special improvement taxes assessed or levled against the premisea , provided however, the Landlord ahall not be obligated' to pay taxea against the Tenant's property situated on or attachad to the demised premises . - 27d - Res. #506 6 . INSUAANCE: The Tenant shall obtain liability insurance which xill name the Landlord as an additional insured and indemnlfy and hold him harmless against any claima for damages to property or person, sustained by any person while o❑ the premlaes hereby demised. Such liability shall be in limits of not less Lhan $ 500,000.00 per person and E500,000.00 Der accitlent . The Landlord shall keep the p^emises insured adequately for loss by fire or other casualty� Dut Landlord 's obllgatlon shall extend only to the property of the LandlorG� and� shall ❑ot extend to any of the property of the Tenant . - Nothing in thls leaee shall be conatrued so as to authorize or permit the Landlord's insurer or insurers to be subrogated to any of the Landlord's rights against the Tenant arising out ot thia lease . 7 . ASSIGNMENT OR SUB-LETTING: The Tenant may not assign thls lease or sublet all or any portio❑ of the demised premises without Lhe written consent of the Landlortl , whieh xritten consent shall not be unreasonably withheld . 8 . LANDLORD 'S LIABILITIES FOR DAMACE; The Landlortl shall not De liable for any damage to any property at any time stored or kept In the said premises or building from water, rain� or snow which may leak , issue� or flov from any part of said bullding whieh may be Landlord's responsibllity to repair� unless previous written notice shall have been given by - 27e - Res. #506 Tenant to Landlord of the necessity of the repaSrs and the Landlord has unreasonably delayed making repairs . IN WZTNESS WHEREOF , the parties have hereunto set their hantla and seals this _______ day of February � 1989 . In the Presenee of: CITY OF OSHKOSH (LANDLOAD) ____________________________ BY' ______________________________ (Witness) Yilliam D . Frueh , City Manager _________ ____________ And :____________________________ ('rl:taess) Donna C . Serwas � City Clerk - 'i METRO AM�ULANCE SERVICES� INC. (TENANT) ___________________________ BY' ________________________________ (WStness) Gary Wunseh , Dir. of Operations ___________________________ (Witness) - 27f - � 3 � N ➢ A ao m mo m � � ° < ° . — o � o m z m � < a o .. z m m cn � o � r rn m z n n o, -- a �mmo � � N �n �n v . ti � � m ^V l0 �+ �� N r+ l O 3 Q y G N � � �u N r