HomeMy WebLinkAbout33040 / 84-11September 20, 1984 # 11 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE LEASE REGARDING RECREATIONAL GYM
PARKING LOT
INITIATED BY: 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 Lease with Oshkosh Area School District
for the lease of the recreational gym parking lot.
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SUBMITTED BY
APPROVED
Resolution # 1!1
L L A S L
TIIIS LEASE is made this z`��-r� day of �u�e � 1`Jgq,
Getween Che OSHKOSIi ARSA SCIl00L llISTAICT (herein called "Landlord") .
and the C1TY OF�OSHKDSII, u Wisconsin municipal corooration (herein-
after called "Tenant"). '
� The purties hereto, in conslderaLion of Lhc leasing by Landlord
to Tenant aud the taking by Tenant from Landlord of t}:e PI'emises
herein Cescribed� and in Turther co�sldcratiion of the o�ligation oS
each party Lo the other hereby uudertaken, mutually convenant and
agree as iollows:
1. _..nd'_cr�! he*c;;y iea:._., w.:d .e...�scs tc Tc....::*, �..d ��.._...
takes from Landlord, the premises in the City oT Oshlcosh, County of
Winnebago, and State of tiYisconsin, descriLed as:
The soutlt 54 feet of LoC 1 and lhe SouCh 54 Seet af
Lot 2 in Dlock C, W. W. Wright's Second Addition;
A2so Lot 4 in Ulock I3, W. W. Nlright's Second ,
Addition; Also vacaLeQ Ivy Place lying souCh of said
Lots 1 and 2 und north oP saiQ Lut 4, Seventh Itiard, ' �,
City ot Oshlcosh, Winnebngo Coun6y, Wisconsin,
Logether with any and a_1 ensemants,�licenses, prlvilegas, rights
ot ingress and egress and all otlier agpurtenances appertaiaing Lo
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said premises tu be used for a parking loti.
2. The term oT t:iis Lease shall be for one (1) year irom
duly � , 198fl, until �lune 30 , 1965, and shall
continue thereufCer at one-year incremer.is unless terminated/
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I 3. This Lease may be�terminated by cither party upon written
I � notice given to ihe other pa:ty nt least ikiirLy (30) days prior to
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�! the proposed date.oT termination. �
4. Tenant agrecs tiiat Tenant will� nt Tenant's sole expense,
r,:ake all repairs and grovidc all maintenance Lo or unon said
demised premises wliich Lecomc necessary Suring 'Pcr.ant's cccupancy
of said premises, whlch tepuirs s�iul} lncludo; but r.oC li:�ilted to,
� repair and repaving of asphalt whcr, necessary, swceping, plowing
or removal of snow, maint,enancc and repai: of siticwalks, and nny
other repairs or mssintenance reyuired, from time to time, on bekialf
of said premises, Tenant also agrees that it will kcep the de:�ised
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Resolution # 14
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premises in a clean condition, according to local ordinances and
the direction of the proper puUlic officers, during the term hereof.
Upon tesmination of this Lease� the demised pren;ises shall be
returned to Landlord in a condition satisfactory to Landlord.
� 5. Tenant also a9rees that it will, at its own expense, remove
\. the snow from the sidewalks anQ mow the grounds in front of the
property located at 228 Algoma Buulevacd.
G. Tenant shall pay for any and all utilities used by it unoa
the demised premises.
7. Tenant covenants and agrees that it will protect and save
and keep Landlord forever harmless and inclemnificu a9ainst ar.d from
any a::d all pe.^.alCiea cr .,�. �s ��.. :cc ., :,., ci - '
� J •��f'� .>13L1 :]y 1Lrv5
N or ordinances, an3 that Tenant will at all times nrotect, indemnify,
save ancl keep harmless Landlord a9ainst and from any and all alle9ed
or actual losses, costs, claims, damages or expenses, resultins or
arising out of or from any accident or other occurrence on or about
� the demised premises causing injury to any person or property,
whomsoever or whatsoever,
8. Landlord agrees� during Lhe Lease term or ar.y rer.ewal t.ereof,
to include the demised premises under its comprehensive liability
insurance policy., wpich has limits of not less than One Million Dollars/
One Million Dollars ($1,000,000.00/51,000,000.00] for bo�ily injury
and limits of not less than Five Hundred Thousand Dollars (`a500,000.00)
for property damage, and contains provisions adequate to protect the
Landlord and Tenant from any and all claims from death of or injury to
S �
person, or damage to or loss o£ property Which may arise out of t'r.e
use and occupancy oY the psemises herein demis�.d, c,�3 poli ,• sh_'_1
not be terminated without at least ten (10) days prior notice wricten
to the Tenant.
9. Tenant agrees to pay all gencral real estatc taxes and special
a4sessments levied and assessed upon said demised premises during the
term of this Lease.
10. It is mutually understood by and between the parties hereto
that all of the covenants and obliyations of Tenant hereur.der a:e in
lieu of any fcrmal rental payment to be made by Tenant to Landlord,
except splitting seventy-five percent (758) to the City and twenty-five
percent (258), liut not to exceed iWO hundred and PiLty dollars ($250.00)
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Resolution # 14
per year, to the Oshkosh �rea Snhool District of the revenue derived
from parking meter fees gained by the Tenant; it being the intention
of the parties that Landlord shall have no operating or maintenance
costs in connection with said Qemised premises durir.g the term of the
Lease.
11. All notices provided for herein shall be given by registcred
mail, postaye prepaid, mturn receipt requcsted, and if given by
Tenant to Landlord shall be addressed to:
OSHKOSH AREA SC.'300L DISTRICT
1500 Southland Avenue
P. O. Box 3048
Oshkosh, Wisconsin 54903
and if given by Landlor3 to Ter.ant shall be addressed to:
GTTY CF OS:iIiOSH
City Hall
215 Churcn Avenue
P. O. Box 1130
Oshkosh, Wisconsin 54902
Atte..tion: City Manager, SVilliam D. Prueh
12. The provisions of this Lease shall Ue binding upon and shall
y inure to the benefit of the parties hereto and their, res�ective heirs,
executors, administrators, successors and/or assigns. T?�is Lcase
covers in iull each and every obligatioh of every kind or naturc
whatsoever from Tenant to Landlord and from Landlorci to Teaaat
concerning the premises hereby demised.
ZN WITNESS WHERF.OF, the parties hereto have hereunto set their
hands and affixed their seals, the day and year Eirst abovc writtea,
the corporate parties by their proper ofEicers duly authorizec here-
unto.
! Witness to Execution by Landlord:
witnessed to Execution by Tenant:
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:,andlor3:
Tenant: CITY OF OSHKOSH
BY:
W'ILLSAM U. PRUL11, City Maaager
BY: �\
llONNA SERWAS, Clty Clerk
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I horeby certify thaL provisions have
beem m�de to pay liabi!1ty tl�at will
accrue to the City of Oshkosh,
Wisconsin, under the within contrnei.
LllWARU A. NOKIS, City Comptiroller
APPAOVED AS �ro roata:
OSlSKO511 CITY ATTOIIN�Y
JOFLV W. PENCE �
BY•
As:;C. City AtLorney
TllIS INSTROSSGNT DRAPPED DY:
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Resolution # 14
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