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HomeMy WebLinkAbout32807 / 84-16, .,. April 5, 1984 1116 RESOLUTION (CARRIED � LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE MODIFIED LEASE FOR OSHKOSH CITY EMPLOYEES CREDIT UNION BUILDING INITIATED BY: OSHKOSH CITY EMPLOYEES CREDIT UNION BE IT RESOLVED by the Comnon Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into a Lease with Oshkosh Telco Credit Union for the premises now occupied by the Oshkosh City Employee's Credit Union. e -z3- SUBMITTED BY F.i377�1�ia�l .. . . i L E A S E RESOLUTION # 16 THIS LEASE, made and entered into this day of April, 1984, by and between the CITY OF OSHKOSH, a municipal corporation, hereinafter called LESSOR, and OSHKOSA CITY EMPLOYEE'S CREDIT UNION, a Wisconsin corporation, hereinafter called LESSEE. WITN�SSETH, AS FOLLOWS: 1. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor, pur- suant to Resolution duly adopted by the Common Council of the City of Oshkosh, August 21, 1963, land in the City of Oshkosh, Winnebago County, Wisconsin, des- cribed as follows: Beginning at the Northeasterly corner of the City central heating plant and garage (located in Block G, Leach's Map of 1894, 7th Ward, City of Oshkosh), thence southeasterly along said building 40 feet; thence northeasterly at right angles to said building 26 feet to a point; thence north- westerly parallel to said buflding 4D feet to a point; thence southwesterly 26 feet to point of beginning. � TERM The term of this Lease is for a thirty (30) year period commencing on the 26th day of August, 1963, and ending the 25th day of August, 1993. Lessee to have an Option to renew said Lease for four (4) additional terms of five (5) years each. Notice in writing of an election to renew said Lease for an additional term of five (5) years shall be given to the City Clerk of the City of Oshkosh at least six (6) months prior to the expiration of this Lease and at least six (6) months prior to the end of the renewal terms of said Lease. 3 USE The premises hereinabove described shall be used solely for the Oshkosh City Employee`s Credit Union purposes, Lessee does hereby covenant that it will, on or before the lst day of November, 1963, cause to be completely con- structed and equipped upon said premises, a Credit Union office building. - z3a - , 4. RENTAL RESOLUTION # 16 Rental payments shall be Tr�o Thousand Dollars ($2,000.00) per year from the inception of this Lease and shall increase or decrease according to the Consumer Price Index issued by the Department of Industry, Labor and Human Relations every five (5) years during the term of this Lease. Zn the event said property under the laws of [he State of Wisconsin becomes assessable for tax purposes, then the amount of real estate taxes shall be deduc- tible from the rent payment. 5. ASSIGNING & SUBLETTING It is understood and mutually agreeable that the Lessee intends to sub-let the above-described premises to the Oshkosh Telco Credit Union. Lessee shall not assign this Lease or sub-let any part or all of the premises to anyone other than Oshkosh Telco Credit Union without the specific permission of the Lessor. Q IMPROVEMENT BY LESSEE The parties agree that the Lessee shall have permission to construct or replace at any time during the term of the Lease, such building or buildings and structures, including advertising signs, as shall be necessary or desirable in the conduct of the business of the Lessee, providing, however, that the City Manager of the City of Oshkosh shall first approve any plans for the construction of the building on said premises so as to insure that the structure proposed to be con- structed by Lessee, will be of such a design and color so that it will blend aesthetically with the surrounding city owned buildings. Any painting of,or placement of,a sign on said premises shall be subject to the approval of the City Manager of the City of Oshkosh. 7. RIGHTS UPON TERMINATION OF LEASE It is understood and agreed by and between the parties hereto that upon termin- ation of this Lease, Lessor shall own full title and all interest in and to said buildings and all improvements thereon. _ 23b - ' . 8. RESOLUTION # t6 BREACH OF CONDITIONS If Lessee shall fail to pay rent as herein provided, or shall make default in any of the agreements herein, Lessor shall have t:�e right to terminate and cancel this Lease Agreement. � MAINTENANCE It is agreed by the parties hereto that all repairs and all maintenance on the bailding and improvements and on the land herein leased shall be at the sole cost and expense of the Lessee and the Lessee agrees to maintain said improve- ments and grounds in good condition. 10. TERMINATION This Lease shall be terminable by either party upon one year notification to the other party. Said notice shall be in writing and shall be served upon the City Clerk of the CiCy of Oshkosh if termination is by the Lessee, and shall be served upon the Secretary of the Oshkosh City Employee's Credit Union if terminated by the Lessor. 11. This Lease agreement supercedes that Lease agreement enter into by the parties on August 26, 1963. 12. ARBITRATION If di.fereaces sha11 arise over the settlemenc of any oi t.�e prcvisYuns of this Lease, a board of three arbitrators, whose decision will be accepted as final and binding, will be selected; one by the Lessor, another by the Lessee, and a third by the two first chosen, These arbitrators shall decide each point in question. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Signed and sealed in the CITY OF OSHKOSH presence of: BY� {SEAL) William D. Frueh, City Manager _ And: (SEAL) _ 2 3� _ Donna C. Serwas, City Clerk • . b APPROVED AS TO FORM: City Attorney RESOLUTION # 16 OSHKOSH CITY EMPLOYEE'S CREDIT UNION By: And -23d- SEAL) , . ��� r� 'o rF rt �C r� r n � � � � N X �� � m � � � � -�. 0 rt O � � � H p O 'b �� k m � N n m m p, m o N• � r rt G ro (r q o r� � �t O O O � � �' O G O � N��� r xro a n ���o � r• C �q rr m � � �� o �a ro w r� rn o r• �c m m a m m z m � � r rn ., .« I� .-, •- f :�