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Home My WebLink About34347 / 87-579 April 2� 1987 I1579 RESOLOTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DELTOX LEASE AGREEMENT INITIATED SY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh [hat [he a[tached Amended Aevised Lease regarding the De1[ox property is hereby approved and the proper city officials are hereby au[horized and direc[ed [o execu[e same. Money for this purpose is appropria[ed from fu[ure borrowing. � L� i1° �} SQBYITTED BY __--�--- � i arrhr,�;sn `� ""��' I -13- ' Resol. 579 gneNPHP A&v_ISEP L&ASH THIS AMENDED AEVISED LEASE is made this lst day of May � 1967 � between CZTY OF OSH605H, a municipal corporation, located in Winnebago County� Nisconsin (hereinaf�er called "Landlord") and RELIANCE ENTERPAISES, a partnership , of Oshkosh, liisconsl❑ (hereinafter called ^Tenant" ) . The parties hereto , in consideratlon of the leasing b�y Landlord to Tenant and the Laking Dy Tenant from Landlord of Lhe premises herein described, and in further consideration of the obligation of each party to the other hereDy undertaken, mutually covenant antl agree as follows: 1. Landlord hereby leases and demises to Tenant, and Tenant takes from Landlord , the premises in the City of Oshkosh, Cou�ty of Winnebago and State of Wisconsin , described as: Buildings 1 , 2 , 3 , �7 and 5, totalling 113 ,812 sq. ft. of the Deltox complex located at the northeasterly intersection of the Fox ASver and Wisconsin Street in the City of Oshkosh (further legal description to be added hereto and called Exhiblt A) together with any and all easements, licenses , privileges, rights of ingress antl egress and all other appurtenances appertaining to said premises to be used for varehousing, manufacturing and office purposes or other permitted uses compatible therewith. 2. The term of this Lease shall be for a period of twenty (20) years and eight (8) months from May 1 , 1987 , through December 31 , 2007 � and shall continue thereafter at one-year increments unless terminated by either party upon giving 60-day notice to the other party prior to December 31 of each year of extension . 1 -13a- _ Amended Revised Lease : Reliance Enterprises : 5/1/87 Resol. 579 3. Landlord may terminate this Lease prior to December 31 � 2007 , only in the event that the buildings are torn down or removed and the underlying premises are used for general city purposes and shall give tenant 180 days notice . 4. Tenant may terminate this Lease as to any of the given numbered buildings in the event that the buildings are destroyed and/or damaged to the extent that it renders them unfit for warehousing purposes and after having given Landlord notice, Landlord has refused to repair or reconstruct said building. The Lease as to the buildings herei❑ described and not destroyed will remain in full force and effect and the rental payment herein shall be reduced by the square foot rental for the amount of square 4eet termSnated under this provision. 5- Tenant agrees that Tenant will , at Tenant's sole expense, Nith the exception of any damage caused by Pire, tornado or other natural disaster Which shall be the responsibility of the Landlortl � � make all repairs and provide all maintenance to or upon saSd demised premises which become necessary during Tenant's oecupancy of said premises , which repairs shall include , Cut are not limited to, sweeping, plowing or removal of snow, maintenance and repair of sidewalks, and any other repairs or maintenance required , from time to time� on behalf of said premises. Tenant also agrees that it . will keep the demised premises in a clean condition� according to local ordinances and the direction of the proper public offlcers, during the term hereof. Tenant further agrees to maintain the roofs of the buildings which are the sub,ject of thls Lease and further 2 -13b- Amended Revised Lease: Reliance Enterprises : 5�1/87 Resol. 579 agrees to install fire protection as required by appropriate city and state agencies and to maintain the entire structure 1n accordance with all state antl local laws for the duration of this Lease . 6. Tenant shall pay for any and all utllities used by it upo❑ the demised premises . 7. Tenant covenants and agrees that it will protect and save and keep Landlord forever harmless and indemnifled against and from any and all Denalties or charges imposed for violation of any laws or ordinances, and that Tenant will at all times protect, indemnify, save and keep harmless Landlord against and from any and all allegeA or actual losses, costs, claims, damages or expenses, resulting or arising out of or from any accident or other occurrence on or about the demised premises causing injury to any person or property, xhomsoever , or whatsoever. 8. Tenant agrees, during the Lease term or any reneaal thereof, to include the demised premises under its comprehensive liability insuranee policy , Nhich has limits of not less than One Million Dollars/One Million Dollars ($1 ,000,000.00/$1 ,000,000.00) for bodily injury and limits of not less than Five Hundred Thousand Dollars ($500�000.00) for property damage� - and contains provision adequate to protect the Landlord and Tenant from any and all claims from death of� or inJury to� person, or damage to� or loss of� property which may arise out of the use and occupancy of the premises herein demised. Said policy shall not be terminated without at least ten (10) days prior written notice to the Landlord . 3 -13c- Amgnded Revised Lease : Reliance Enterprises : 5/1/87 Resol. 579 9. Landlord agrees to pay all general real estate taxes and special asaessments levied and assessed upon said demSsed premises during the term of this lease . 10. This Lease is conditioned upon Landlord granting to Tenant easements as herein describetl in Exhibit A, and also retaining rights for ingress and egress to be used in conJunction with Tenant for Park purposes over certain lands leased to Tenant and described herein in Exhibit A. Landlord further agrees that Tenant shall have the exclusive use of 24 parking spaces on property adjacent to the leased premises . 11. At the outset of this Lease , it 1s agreed that the square Pootage herein is 113r812 sq. Pt. Tenant agrees herein to pay to the Landlord for the 10-year period beginning May 1 , 1987 , Dy the 15th of each month, the rate of $.06685 per square foot of leased property, or the sum of $7 �608.00/month. Beginning September 1 � 1994 , the rental payment xill be at the rate of $.072 per square foot of leased property, or the sum of $8, 194.00. The aforemen- tioned rental payments shall remain constant for the periods of this lease, unless the square footage Ss reduced under the terms of paragraphs 3 and 4 above. The Landlord agrees to pay the Tenant on or before May 1 , 1987r Lhe sum of One Hundred Forty-five Thousand Dollars ($145�000.00) which monies shall provide for the Tenant assuming full responsibility for the roofs� Pire protection and all other repairs and maintenance Lo all buildings w6ich are the aub,{ect matter of Lhis Lease. 4 -13d- A�ended Aevlsed Lease: Relianee Enterprises : 5/1/87 xesol. 579 12. All notices provided for herein shall be given by regis- tered mail , postage Drepaid � return receipt requested , and if given by Tenant to Landlord shall be addressed to: CITY OF OSHROSH -- Attn : William D. Frueh , City Manager 215 Chureh Avenue e . 0. Box 1130 Oshkosh, WI 5490 and if given by Landlord to Tenant shall be addressed to: flELIANCE fiNTERPRISES P . 0. Box 2253 35 Yisconsin Street Oshkosh � WI 54903 13• The provisions of this Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and/or assigns. This Lease covers in full each and every obligation of every kind or nature whatsoever from Tenant to Landlord and from Landlord to Tenant eoncerning the premises hereby demised . IN NITNESS YHEPEOF, the parties hereto have hereunto set their hands and affixed their seals, the day and year first above written, the corporate parties by their proper officers duly authorized hereunto . Witnessed to Execution by Landlord : CITY OP OSH%OSH, a municipal corp . _____-___________________________ By'_________-________________- William D . Frueh, City Manager __—________________________—_ And :__________________—_—___— Donna C . Serwas , City Clerk Witnessed to Execution by Tenant : RELIANCE ENTERPRISES _—__—________________________ BY '--___—____ ____ Robert J. Albright, Partner ____________—______—_____—__ BY'—__�________—__—________ Jack D. Steinhilber, Partner BY'— _ __—_ _ ____—___ Jacc�W. Schloesser, Par[ner By: � usse . i , ar ner 5 -13e- Resol. 579 ADDENDUM TO AMENDED REVISED LEASE The lease Dayments beginning as of September 1 , 1994, may be increased by Lantllord if the total lease payments made under the Lease from September 1 , 1994 through December 31 � 2007, do not liquidate all of the Landlord's indebtedness on the leased premises both as to principal antl interest. The increased payments shall be limited to an amount sufficient to retire the indebtedness of the Landlord as same exists on May 1 � 1987. Witnessed to Execution by Landlord : CITY OF OSHKOSH , a municipal corp . ____________-____________________ By'________-____________________ William D . Frueh � City Manager __________________________________ Antl :___________________________— Donna C . Serwas � City Clerk Witnessed to Execution by Tenant: RELIANCE ENTERPRZSES —__—_—_______________—____ BY•—____________--____—__ Aobert J. Albright , Partner ___________--_________________ BY'—_____—__________________— Jack W. Schloesser� Partner HY'______—____________________— Jack D . Stelnhilber � Partner By '___________-______________- Russell L. Thill -13f- zas a a � o � o o � m mm� l N �n NN� �• � . .. .. p .� 6 Z ik N O _.rn . N �n �...v y V O M �D O �O O � W X ti V N � N ��] N �^^ T � � Z N N 3 N � �4 � I