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Home My WebLink About32892 / 84-07.. . May 31, 1984 (CARRIED PURPOSE: INITIATED BY: #7 RESOLUTION LOST LAID 0�7ER WITHDRAWN ) APPROVE LEASE WITH RELIANCE WAREHOUSING� INC. CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Lease with Reliance Warehousing, Inc, for the Deltox property is hereby approved. - 9 - SUH6SITTED BY APPROYED , • � REVISED LEASE THIS LEASE is made this day of June RESOLUTION # 7 1984, between CITY OF OSHKOSH, a municipal corporation, located in Winnebago County, Wisconsin, (herein- after called "Landlord�') and RELIANCE WAREHOUSING, INC., a Wisconsin corporation, of Oshkosh, Wisconsin (hereinafter called "Tenant"). The parties hereto, in consideration of the leasing by Landlord to Tenant and the taking by Tenant from Landlord of the premises herein described, and in further consideration of the obligation of each party to the other hereby under- taken, mutually covenant and agree as follows l. Landlord hereby leases and demises to Tenant, and Tenant takes from Landlord, the premises in the City of Oshkosh County of Winnebago and State of Wisconsin, described as: Buildings l, 2, 3, 4 and 5, totalling 113,812 sq. ft, of the Deltox complex located at the northeasterly intersection of the Fox Fiver and Wisconsin Street in the City of Oshkosh (further legal description to be added hereto and called Exhibit A) together with any and all easements, licenses, privileges, rights of ingress and egress and all other appurtenances appertaining to said premises to be used for warehousing purposes or other permitted uses compatible therewith. 2. The term of this Lease shall be for a period of twsnty (20) years and ten (10) months from November l, 1983. through August 31st, 2003, and shall continue thereafter at one-year increments unless terminated. 3. Landlord may terminate this Lease only in the event that the buildin9s 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 herein described will remain in full force and effect and the rental payment herein shali be reduced by the square footrental for the amount of square feet terminated under this provision. 5• Tenant agrees that Tenant will, at Tenant's sole expense, with the exception of any structural damage to the building or roof not caused by Tenant or any damage caused by fire, tornado or other natural disaster which shall be - 9a - Aevised Lease: Re; Deltox RESOLUTION # 7 Page 2 the responsibillty of the Landlord, make all repairs and provide all maintenance to or upon said demised premises which become necessary during Tenant's occupancy of said premises, which repairs shall include, but 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 officers, during the term hereof. Landlord further agrees to maintain the roofs of buildings which are the subject of this Lease. 3 premises. 7 Tenant shall pay for any and all uti)ities used by it upon the demised Tenant covenants and agrees that it will protect and save and keep Land- lord forever harmless and�indemnified against and from any and all penalties 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 alleged 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, whomsoever, or whatsoever. 8. Tenant agrees, during the Lease term or any renewal thereof, to include the demised premises under its comprehensive liability insurance policy, which 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 pro- tect the Landlord and the 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 occu- pancy of the premises herein demised. Said policy shall not be terminated without at least ten (10) days prior written notice to the Landlord. 9. Landlord agrees to pay ail general real estate taxes and special assess- ments levied and assessed upor. said demised premises during iP;e ter�7i of lhis iease. 10, This Lease is conditioned upon Landlord granting to Tenant easements as herein described 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. - 9b - . Revised Lease: Re: Deitox RESOLUI^ION # 7 Page 3 Il. At the outset of this Lease, it is agreed that the square footage herein is 113,812 sq, ft. Tenant agrees herein to pay to the Landlord for the 10-year period beginning September l, 1984, by the 15th of each month, the rate of $.06185 per square foot of leased property, or the sum of $7,039.00. Beginning September l, 1994, the rental payment will be at the rate of $,067 per square foot of leased property, or the sum of $7,624.00. The aforementioned rental payments shall remain constant for the periods of this lease, unless the square footage is reduced under the terms of paragraphs 3 and 4 above. The intent of the additional rental payments herein des- cribed is to provide for $I10,000 worth of improvements to the roofs of the leased premises. Should the bids for repair to the roofs come in below the estimate of $110,000.00 then that reduction shall be reflected in a modification and reduction in the aforementioned rental payments, 12, A1l notices provided for herein shall be given by registered mail, postage prepaid, return receipt requested, and if given by Tenant to Landlord shall be addressed to: CITY OF OSHKOSH 215 Church Avenue P, 0. Box 1130 Oshkosh, wl 54901 Attn: William D. Frueh, City Manager and if given by Landlord to Tenant shall be addressed to: RELIANCE WAREHOUSING, INC. P. 0. Box 2253 35 Wisconsin Street Oshkosh, wl 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, adminis- trators, successors and/or assigns. This Lease covers in full each and every obliga- tion of every kind or nature whatsoever from Tenant to Landlord and from Landlord to Tenant concerning the premises hereby demised. IN WITNESS WHEREOF, 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 OF OSHKOSH, a municipal corporation By: William D, Frueh, City Manager And: Donna C. Serwas, City Clerk Witnessed to Execution by Tenant: RELIANCE WAREHOUSING, INC, By: Robert J. Atbright, President And: Jack D. 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