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Home My WebLink About33257 / 85-14March 21, 1985 (CARRIED PURPOSE: INITIATED BY LCST LAID OVER �� 14 RESOLUTION _ WITHDRAWN ) FARM LEASES WITH DENNIS BASLER AND RICHARD SCHUHART CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached Farm Leases with Dennis Basler, 1801 W. Sunnyview Road, Oshkosh, and Richard Schuhart, 600 E. Snell Road, Oshkosh, regarding property in Industrial Park. — 15 — SUBMITTED BY APPROVED Resolution # 14 .0 THIS LEASE AGREEMENT, made and entered into this lst day of April, 1985, by and between the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, party of the first part, DENNIS BASLER, 1801 W. Sunnyview Road, Oshkosh, Wisconsin, party of the second part, hereinafter referred to as the "Lessee". WITNESSETH: That the CITY OF OSHKOSH in consideration of the mutual agreements herein made, hereby leases and lets to lessee, and lessee hereby leases and rents from the CITY OF OSHKOSH approximately 7.2 acres of land in the North Industrial Park described as follows: Sec. 1-18-16 NE 1/4 of NW 1/4 E of N. Main Street and S of E. Snell Road exc. the N 899.25 ft. also exc. the E 940.5 ft. being part of Lots 24, 39, 42, 43, 44, 45, 46, 47, 48, 49 and part of Vac. N. Main St. also all of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 of LOTHE ACRES, 15th Ward, City of Oshkosh, Winnebago County, Wisconsin. Said parcel contains approximately 7.2 acres. To hold for the term of One (1) year from the twenty-fourth day of April, 1985, to the Twenty-fourth day of April, 1986, at an annual cash rental of Two Hundred Sixty Dollars (5260.00) per annum. The rental fee shall be payable on November 1, 1985. IN CONSIDERATION of said leasing, the lessee further agrees as follows: 1. To pay the rent as above specified. 2. To use the premises for farming and for no other purpose. 1 - 15a - Resolution # 14 3. To operate and cultivate the premises in a good and husband-like manner. 4. To cut down no trees without the consent of the City. 5. To keep al l fences located thereon in a state of repair substantially similat to the pzesent condition of said fences. 6. To furnish and install such temporary fences which lessee may deem necessary in the use of said property. 7. To destroy all noxious weeds, in compliance with state laws and local regulations pertaining to the control of noxious weeds in a reasonably thorough and complete manner. 8. To keep the premises in a neat and orderly condition. 9. Not to sublet the premises or any part thereof. IT IS FURTHER MUTUALLY AGREED by and between the parties as follows: 1. That the CITY OF OSHKOSA specifically retains the right to sell the above described property and to obtain actual possession of all or any part of said premises upon ten (10) days notice mailed to the Lessee by certified mail to his last known address and upon offering in said notice to pay to Lessee an amount of money equal to the value of the crops, the value of said crops to be detetmined as of the date the notice is given; in ascertaining the value of the crops, the cost of all labor and seed may be taken into consideration, being the intent of the parties herein, how- ever, that all risk in *_he farming operation be assumed by the Lessee and in case of an extremely good crop the value so to be determined shall take that act into consideration and likewise in the event of a poor crop, said factor shal l be taken into consider- ation in determining the value of the crops. The Winnebago County Agricultural Agent is hereby designated as the party to determine the value of said crops and his reports shall be binding upon the 2 - 15b - Resolution # 14 parties hereto. Any fee to be paid the Agricultural Agent for this service, or any other services rendered pursuant to this Lease, shall be paid by the CITY OF OSHKOSH. The value of said crops shall be tendered or paid to the Lessee within thirty (30) days from the date of the notice aforesaid. 2. That if Lessee shall fail to pay rent as herein provided or shall make default in any of the agreements herein, he shall forfeit all rights under this Lease and the City may at its option take immediate possession of the premises and may recover such possession by action of forcible entry and detainer; and at the expiration of this Lease, the Lessee agrees without further notice of any kind to quit or surrender occupancy and the possession of the premises. The covenants and agreements herein contained shall bind the parties hereto and their heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. In the Presence of: (SEAL) Dennis Basler CITY OF OSHKOSH By: William D. Frueh, City Manager And• Donna C. Serwas, City Clerk Approved as to form and execution: Warren P. Kraft, Asst. City Attorney 3 - 15c - ..J Resolution # 14 lar;�:��+1x:xy?1 THIS LEASE AGREEMENT, made and entered into this lst day of April, 1985, by and between the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, party of the first part, RICHARD SCHUHART, 600 E. Snell Road, Oshkosh, Wisconsin, party of the second part, hereinafter referred to as the "Lessee". WITNESSETH: That the CITY OF OSHKOSH in consideration of the mutual agreements herein made, hereby.leases and lets to lessee, and lessee hereby leases and rents from the CITY OF OSHKOSH approximately 8.7 acres of land in the North Industrial Park described as follows: Sec. 1-18-16 Comm. on E. line Jackson St. 165.34 ft. S of W 1/4 corner N 89 degrees 25 minutes 36 seconds E. 1243.03 ft. to W line N. Main St. S on said W line 331.01 ft. S 89 deqrees 26 minutes 31 seconds W 984:09 ft. N. 0 degrees 4 minutes 3 seconds E 190 ft. S 89 degrees 26 minutes 31 seconds W 259.83 ft. to E line Jackson St. N along said E line 140.68 ft. to beg. being part of NW 1/4 of SW 1/4, 15th i9ard, City of Oshkosh, Winnebago County, Wisconsin. Said parcel contains approximately 8.7 acres. To hold for the term of One (1) year from the twenty-fourth day of April, 1985, to the Twenty-fourth day of April, 1986, at an annual cash rental of Twenty Dollars (520.00) per acre (5174.00 per annum). The rental fee shall be payable on November 1, 1985. IN CONSIDERATION of said leasing, the lessee further agrees as follows: 1. To pay the rent as above specified. 2. To use the premises for farming and for no other purpose. 1 - 15d - Resolution # 14 3. To operate and cultivate the premises in a good and husband-like manner. 4. To cut down no trees without the consent of the City. 5. To keep all fences located thereon in a state of repair substantially similar to the present condition of said fences. 6. To furnish and install such temporary fences which lessee may deem necessary in the use of said property. 7. To destroy all noxious weeds, in compliance with state laws and local regulations pertaining to the control of noxious weeds in a reasonably thorough and complete manner. 8. To keep the premises in a neat and orderly condition. 9. Not to sublet the premises or any part thereof. IT IS FURTHER MUTUALLY AGREED by and between the parties as follows: 1. That the CITY OF OSHKOSH specifically retains the right to sell the above described property and to obtain actual possession of all or any part of said premises upon ten (10) days notice mailed to the Lessee by certified mail to his last known address and upon offering in said notice to pay to Lessee an amount of money equal to the value of the crops, the value of said crops to be determined as of the date the notice is given; in ascertaining the value of the crops, the cost of all labor and seed may be taken into consideration, being the intent of the parties herein, however. that all risk in the farming operation be assumed by the Lessee and in case of an extremely good crop the value so to be determined shall take that act into consideration and likewise in the event of a poor crop, said factoi shal l be taken into consider- ation in determining the value of the crops. The Winnebago County Agricultural Agent is hereby designated as the party to determine the value of said crops and his reports shall be binding upon the 2 - 15e - Resolution # 14 pa'rties hereto. Any fee to be paid the Agricultural Agent for this service, or any other services rendered pursuant to this Lease, shall be paid by the CITY OF OSHKOSH. The value of said crops shall be tendered or paid to the Lessee within thirty (30) days from the date of the notice aforesaid. 2. That if Lessee shall fail to pay rent as herein provided or shall make default in any of the agreements herein, he shall forfeit all rights under this Lease and the City may at its option take immediate possession of the premises and may recover such possession by action of forcible entry and detainer; and at the expiration of this Lease, the Lessee agrees without further notice of any kind to quit or surrender occupancy and the possession of the premises. The covenants and agreements herein contained shall bind the parties hereto and their heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above wcitten. In the Presence of: (SEAL) Richard Schuhart CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Serwas, City Clerk Approved as to form and execution: Warren P. Kraft, Asst. City Attorney 3 - 15f - � � � �� a � 1.��. � � `y° � C7 -. N N � � � F � �� vi �-, c. (� � n 3 a o -S c-r � ... p N � p, .. ao � o � � �V.. �r a A � r1 O �' < [L N � d T �� n 3 � c r �� d ti fi N O N 7 .�+ N W d N i--� � � � � � �= A � ♦J � �