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Home My WebLink About34009 / 86-178July 3, 1986 (CARRIED PURPOSE: INITIATED L'Y: LOST LAID OVER # 17g RESOLUTION _ WITHDRAWN ) APPROVE LEASE - OSHKOSH 11MBULANCE MEDICAL SERVICES, INC. CITY ADMINISTRATIGn BE IT RESOLVED by the Common Council o£ the City of Oshkosh that the attached Lease between the City and Oshkosh Ambulance Medical Services for rental of property at 49 W. llth Avenue, Oshkosh, Wisconsin, is hereby approved. SU�YTTTLD EY - 24 - �.c ,e. �r..y�,.:,�- , , RESOLUTION # 178 LEASE THIS IS A LEASE made and entered into this 15th day of July, 1986, by and between CITY OF OSHKOSH, hereinafter called "LANDLORD" and OSHKOSH AMBULANCE MEDICAL SERVICES, INC., hereinafter called "TENANT". W I T N E S S E T H: The Landlord for and in consideration of the rent, covenants and agreements of the Tenant, has this date rented and leased office building, and the immediate surrounding land on the property known . as 49 W. llth Avenue, Oshkosh, Wisconsin. 1. TERM: A. Original Term: The original term of this lease shall end at midnight, B. Renewa�s: The lease may be renewed only by mutual agreement of both parties, which renewal shall be reduced to writing as to the fact, as well as to any change, terms, and conditions of the renewal lease. If not renewed, this lease shall expire on the clate indicated above, unless, however, terminated by written notice of either party of not less than ninety (90) days. 2. RENTAL: The Tenant shall pay to the Landlor8 ac. his place of business, 215 Church Avenue, Oshkosh, Wisconsin, or at such other place as the Landlord sh:.11 from time to time designate in writing, rental in the amount of Two Hundred Seventy-five Dollars ($275.00), per month, payable on or before the 15th day of each month. 1 - 24a - i 0 RESOLUTION # 178 3. USE OF PREMISES: The demised premises shall be used by the Tenant for the operation of business office and operational facilities for an ambulance service 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 heretofore provid�4d, all rents called for by this agreement. An amount equal te one month's rent shall be paid at inception of this agreement to be held by the Landlord as a security deposit. B. Utilities: The Tenant shall pay for all utilities including heat. In addition, the Tenant shall pay the cost of all snowplowing and lawn care. C. Use: Tenant shall not allow the premises to be used for any purpose that will increase the rate of insurance theceon or for any purpose other tYan that of business office and operational facilities for an ambulance service, nor shall the Tenant permit said premises to be used for any unlawful or immoral purposes or for any pur.pose that would injure the reputation of the premises, and wil l use or keep in or about the premises any article or item which would in any way affect the validity cf the standard fire insurance policy oi the state of t9isconsin. D. Maintenance: Tenant shall maintain the premises in essentially the same condition they were in at the commencement of this term and shall keep the area around the building clean and shall perform such other maintenance keeping sidewalks clear of � - 24b - i � RESOLUTION # 178 snow, cutting grass and the like. Tenant shall not permit any alterations of or upon any part of the demised premises except within the written consent of the Landlord, which consent shall not be unreasonably withheld. All alterations and additions to the demised premises made by Tenant shall remain for the benefit of the Landlord, unless otherwise provided in the Landlord's consent. Tenant shall provide normal maintenance in exchange for use of the stove and refrigerator now on the premises and owned by Landlord. E. Sign�: Tenant shall not place any signs or . adveztising on the building without the written consent of the Landlord. F. Removal: Tenant may install removable fixtures incidental to Tenant's business all of which may be removed by the Tenant upon the expiration of the Lease or any renewal thereof; provided, that Tenant shall leave said premis�s in good condition and substantially as they were before said removal. Antennas and poles must be removed by Tenant upon vacating premises. Tenant may attach its antenna to Landlord's existing tower, subject to Landlord's option to relocate the tower, and Tenant's antenna shall not interf.ere with the operation cf the public works radio system. G. Termination and Bankruptcy: If the Tenant shall be adjudged bankrupt or if judgment is rendered against the Tenant in such an amount as to render Tenant insolvent and incapable of meeting the obligations hereunder, and such judgment or order is not appealed from, or if the Tenant shall make an assignment for the benefit of creditors or a receiver shal l be appointed for him by a court of competent jurisdiction and said order appointing receiver is 3 - 24c - 0 RESOLUTION # 178 not appealed from by the Tenant, this lease shall immediately terminate and the Landlord shall have the right to recover the premises. H. Landlosd'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 needful repair or alterution, or maintenance of water equipment. During the last thirty (30) days of this lease or any renewal term, the Landlord may show the premises to prospective tenants providing such showing does not unreasonably interfere with the Tenant's use of the premises. in addition, Landlord may continue to use premises as a pollinq place for all elections, as a storage facility in the basement area and as a center for its public works zadio system, although Landlord may dismaritle system including tower for relocation elsewheze. 5. OBLIGATIONS OF LANDLORD: A. The Landlord, at his expense, shall perform all structural repairs as are necessary to keep the premises in the same condition they were in at the commencement of the term, ordinary wear and tear and the neglect ot the Tenant alone, being excepted. B. Taxes: Landlozu snali pay for all real estate taxes and special improvement taxes assessed or levied against the premis°s, provided however, the Landlord shall not be obligated to pay taxes against the Tenant's property situated on or attached to the demised premises, � - 24d - RESOLUTION # 178 6. INSURANCE: The Tenant shall obtain liability insurance which will name the Landlord as an additional insured and indemnify and hold him harmless against any claims for damages to property or person, sustained by any person while on the premises hereby demised. Such liability shall be in limits of not less than $500,000.00 per person and $500,000.00 per accident. The Landlord shall keep the premises insured adequately for loss by fire or other casualty, but Landlotd's obligation shall extend only to the propezty of the Landloxd and shall not extend to any of the property of the Tenant. Nothing in this lease shal l be construed so as to authorize or permiti the Landlord's insurer or insurers to be subrogated to any of the Landlord's rights against the Tenant arising out of this lease. 7. ASSIGNMENT QR SUB-LETTING: The Tenant may not assi3n this lease or sublet all or any portion of the demised premiscs without the written consent of the Landlord, which written consent shall not be unceasonably withheld. 8. LANDLORD'S LIABILITIES FOR DAMAGE: The Landlord shall not be liable for any damage to any property at any time stored c: kept in tr,e said premises or building from water, rain, or snow which may leak, issue, or flow from any part of said building which may be Landlord's responsibility to repair, unless previous written notice shall have been given by 5 - 24�e - RESOLUTION # 178 Tenant to Landlord of the necessity of the repairs and the Landlord has unreasonably delayed making repairs. IN wITNESS wHEREOF, the parties have hereunto set their hands and seals this day of July, 1986. In the Presence of: CITY OF OSHKOSH (LANDLORD) (Witness) (Witness) (Witness) (Witness) By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk OSHROSH AMBULANCE MEDICAL SERVICES, INC. (TENANT) By: President 6 - 24f - Secretary � ,,., _ . . � . .:: .. ..... . . .... ...: __ _.. !_ ... .. - .\4' C � ; .._,. � �' � �� : r m X � � W � � � �o H H � z d.. 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