HomeMy WebLinkAbout33558 / 85-23August 15, 1985 # 23 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE LEASE - PROBATION & PAROLE OFFICE
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the property City officials are hereby authorized and directed
to enter into the attached Lease for rental of office space by the
State of Wisconsin, Department of Administration for offices of
the Department of Health and Social Services, now being used by
the Probation and Parole office in City Hall.
' S[TBMITTED BY
APPROVED
-35-
0
Form AD—BDC-87
L � A S E
RESOLCTPION # 23
1. THIS LEASE, made and entered into this Sth day of Au ust, 1985, by and
between t::e Cit-� , ''_¢ wr< a r id es; i ��.nurc' ve ue, '
'.+'isconsin 54901 r its heirs, e_ ors a� �in.stra_ors, .ce� r, :1
assigns, hereinafter cali ' tY : Lessor, ar,3 t?2 S^'3TE OF WISCONSIN, �EPAFTMENT
ADMINISTR_TION, herei-sfte ca'- =_d the ies: __.
WITNESSETH, The parti:s hereto for the °or.sideratior.s her�ir.._fte- ment oned
covenant and agr�.e as followe:
2. The Lessor here y leases to the Lessee th� �ollowing premise;, -.iz:
approximately 1202 square fee' of office space on the g:;und floor of
the City 3a11 lo._ated at 215 Chcrch Avenue in the City of Oshkosh,
Wisconsin
to be used fot the followir purposes: offices for the Denartment of Health and
Sc.ial Services, such oth•�r agency that may be desig:ated by the Lessee.
3. TO HAVE AND TO HOLD the said preoises with their appurtEnances for the
term berinning November 1, 1985, 2-3 ending October 31, 1987.
4. The Lessee shall not assign th,_s lease in �ay event, and shall not
sublet the demised premises, and will not permit the use of said premises by
anyone other than the Lessee, and the agents and servants of the Lessee.
5. This lease may, at the option of the Lessee, be renewed for tro
successive one year F,riods from A'ovember 1, 1987, subject to the availability of
funds for the payment of rentals, upon the same terms and conditions herein
specified, ehcept the rental rate may be renegotiated, provided notice be given
in writing to the Lessor at least 60 days before the lease or any renewal thereof
would otherwise expire.
— 35a —
..J
RESOLUTION # 23
6. The Lessor shall furnish to the Lessee, during the occupancy of said
premises, under the terms of this lease, as part of the rental consideration, the
foll�wing:
S e the prov�sions `_ Schede I w'i.cr ; he� ^r. ora 1
r ference
7. The Lessee :,hall pay t`,e Lessor for tl prem= es rent at .he `o11,w':�.
rate: T!� sum of Ni.:e Thousand P?:�ht } ndred Eight �nd :'?./1C0 Do1:=_ ($9,f ,.3::'
per annum, in equal monthly in. llment� of Ei�ht Hundre Seventeea an3 �': 100
Dollars ($817.3E) in advan..e ou th-_ first day of ach nontn durir.; the ten+,
except as provided in Item �.
8. The Lessor shall maintain the said premis : in good re�air anc
tenantable coadition during the continuance of th3s lease, except in case of
damage arising froa a willful act or the negligence o£ the Lessee's :�nts or
enployees or of any per:on on the F'eaises with the express ;_rmission of the
Lessee. For the purpose of so maintaining the premises, the Lessor reserves the
right at reasonable times to enter and inspect the premises and to make any
nece,sary repairs ther to.
9. At the expiration of this lease or any renewal thereof, the Lessee will
return the premises to the Lessor in as good condition as they were at the time
the Lessee went into possession, ordinary wear damage by the elements or fire
excepted. It is mutually agreed, in onsideration of tne rent to be paid and
other conditions of this lease, hat the Lessee shall not be responsible for
damage to the premises by fire.
10. The Lessee does hereby covenant, promise and agree to pay the rent in
the manner hereinbefore specified, and to duly comply -ith all other provisi:>ns of
this lease at the time and in the manner herein provided.
— 35b —
�J
RESOLUTION # 23
11. The Lessor does hereby covenant, promise and agree to duly carry out
the various obligations and duties imposed upon it at thE time and in the manner
called for by this lease.
12. If =_ said prem' a.,e who"1y dc troye by sir� ott = casa 't !':j
l�ase shall immediateiy te�:a__�a_e. �n c.,e of. part`_.1 dest� c�i� . �r am�_ge :
to render the premis=_s untenable, either party may terminate the lease by g5.vi:g
written r.otice to _he other with3n fiftee_� C15) days thereafter, a d if o
terminatec no r��_:S s.all a_rue to the L ssor aft r such �ar*_ial dest _°.tion or
d�mage.
z°� xt�i�i���i�,�id��de�r<��i�#ie�,�.��i���iz.���b�ni�r��r �ii iiiiii�f, �
� fi6 f / /�l,f�le .dd l,�,E.:�,h� / dGfifi�/ /�LM� / /�/�5h�ah//,Ek��/, l /f�nl�w�Y� ( l ld�f / � ,,E,�1�.�,5/ /�� �i6ua�
i::�6iF�� / /u�ierd / f H�/ /p��ld �ils'ildd�/ bEl /�4d / / AA�/./z�,//�4i�! l �5/r!a'rf�J // �.(�h/ /dd ifi�dd l,bf /v/ l8�
g��{��/�f/�f�/#i��/L�Ei�dt��liY��/i��f///.11l///����/6fl�M�/�fi�id�i/f�tdl
14. Notice in writi��g referred to herein snall not be construed to mean
personal notice, but such notice may be given in writing, by mail, by depositing
the same in�the post office or letter—box, in a post paid envelope, addressed to
the Le;�sor at their last known address, and such notice shall be d�emed to ue
given at the t me when the same shal" be thus mailed.
15. This lease is subject to the availability of funds for the payment of
rentals.
16. The Tenant will not make or permit anyone to make any alte-at3ons,
improvement. or additions in or to the premises, without the prior written consent
of the Department of Administration, as Lessee and the owner as Lessor.
17. In connection with the performance of work under this Lease, the Lessor
agrees not to discriminate against any employee or applicant for employment
because of age, race, religion, color, handicap, sex, physical condition,
developmental disability as defined in s.51.O105), sexual orientation, or national
— 35c —
RESOLUTION # 23
origin. This provision shall include, but not be limited to, the following:
employment, upgrading, der!otion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation
ar:i sc ection �c:: trainir. ; ic^].c31n� apprenticeshi.�?. e;t �.�th - ect '�
sexuel ori atation, the 'essor furt:.er 3gr e to -al a aativ ac_ic, .o ens:re
equal employment opportunities. The Lessor agr �s t: post in ccasg-ccous rlaces,
vailr le `or employees and applicants ic� employmcnt, notices to ta _�ro __ ' by
the Lessee, setti fo:.h the prov� ions f the .ondiscrimination claus:.
18. This Lease is not valid or effective for any purpose u til :-pproved by
the Department of Administration, and no work is authori�ed until the Lessor ._��
been given w;itten notice to pro_eed by the Administratcr of the D:vis'on of St ce
Facilitie- M:nagement.
19. The Lessor as part of this lease agreement certifies that to the best
of their knowledge the demised premises ar the building of wr_ich the demised
premises is a part does not contain any asbestos bearing material which is uns�fe
or' Which is,not encapsulated. If during the Lessee's occupancy of the premises
such asoestos be�ring material is found, and the Lessor has been notified by the
Lessee that such asbestos bearing material exists, the Lessor shall wit.:i�
fourteen C14) days after receipt of such notice, be required to take such ection
as may be necessary to encapsulate or remove the asbestos bearing material. Upon
determination that unsafe or unencapsulated asbestos bearing materi l exists, t.:e
Lessee may at its option vacate the premises until such time as the material has
been encapsulated or removed to the satisfaction of the Lessee. If the Lessee
vacates the premises during the encapsulation or removal process, the I.essor shall
reimburse the Lessee for all move related costs. ivo rent shall accrue to tlie
Lessor during the period of time the Lessee is not in occupancy of the premises.
— 35d —
RESOLUTION # 23
In the event the Lessor fails to encapsulate or remove the asbestos bearing
material within the time specified, this .'.ease may be cancelled by the Lessee and
the Lessor shall t': �reafter not have any claim against the Lessee on account of
�he can� _llat �f thie ...
20. The ��nual r nt for the p,- 'iod frca .;. �emb.r 1, l` �5 to ._� b._r
19&7 shall be Ter lhousaa� Ninety F�vei and n�1'00 dollars (.'*"10,,97.OGj,
21. Upon e:°�cut_ _� c:- this leas• aad c.;mmence• �; `,_hereof �a Nc �ecber. 1
7.`85, that lease dated July 6, 1982, by and between the Ci 7 oF Oshk�sh z:a Le sor
and the State o£ Wisconsin Department of Administrat_on as Less e shall become
null and vo�d.
22. The ::essor may on November 1, 1987, adjust the rental rate to reflect
any increase dn the lesssr's costs _or heat and electri�ity. Documentation to
verify any increase shall be provided.
IN WITNE55 h�iEREOF, the parties have hereunto subscribed their names as of
the date first above written.
In presence of:
In presence of:
— 35e —
LESSOR
STATE OF WISCOYSIN
DEPARTMENT OF AD*LINISTRATION
By
Title AD1fINISTRATOR
DIVISION OF ST�TE FACILITIES
MANAGE,*lINT
AF 'ROVED:
DATE:
SECRETARY, DEPARTPfENT OF
AD*fINISTRATION
RESOLUTION # 23
SCHELULE I
Item 6Ca)
The Lessor shall furnish to the T,essee during the occu�=ncy o£ said
prem s s, un er the te ns oi t:. ; lease, a� pa . c-, tt .- nt�:. cona ;t'
t' � folloc: g :
1. Eeat and air conditioning ;duct type) as rec.� ;.rd ior cod ortable
c:cupanc� .
2. ?{eat and � ir r..nditioc: __o s= .
3. Hot and cold ru�min; water for washs �ms and mair, aance £aciliti .
4. Water and sewer costs.
5. ?rovide, mainta��n and service he�ting, air conlicioni::g, F:_ur`i- a.d
ventil_ting equipment.
6. Provide seven reserved parking space.s.
7. Install fire extinguishe:s according to building code and
underwriters' recommendatio:�.
8. Provide lighting of seventy (70) foot candles at desk level
throughout entire leased area.
9. Provide two (2) master keys for entrance doors.
10. Furnish and install li^ht bulbs, fluo-escent ::ubes, starters,
`,allasts or tr��nsfor:�ers.
11. Provide electricity £or lights and other electrical equipmen�
necessary for operation of the office.
12. Furnish building occupancy or use nermit if re_uired.
13. Fumish all necessary j�nitorial and maintenance equipment.
14. Janitorial service for the premises, including halls, stairways, care
of the grounds, and remov�l of snow from sidewalks and parking lots.
Jani orial services st:all be in accordance with, but not limited to,
the following schedule:
— 35f —
RESOLUTION # 23
Daily: Vacuum and/or sweeping of all floors, emptying of all
wast;:baskets and ash trays, d3sposal of all rubbish, cleaning and
washing of al' restrooms aad plumbing fixtures.
Weekly or as needed: Mopping of all floors.
C arte �.r as nee'°-3: Wa}'n; of e'1 fl r-.
Annual y or s ne�d< '; ;shing of :11 dr �i.* and 7,h. _ i;t� : c .
In the eve the Lessor does not furnis: these services snd i e s, Lessee
m�y rrovide suc=. services and items at it own E ense and d duc the��
expenses frora rental payments, pravided Lessee furnishes Les< thirt (3`)
days in advance of any deducticn, an itemize3 statement listin3 the ser ices
and items no being =urnished.
Item 6(b)
Lessor shall as p2rt ,�f the rental consideration to be pa3d under this
�ease provide an enclosed weather entrance at the front door.
— 35g —
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