The URL can be used to link to this page

Home My WebLink About32344 / 83-12April 7, 1983 (CARRIED PURPOSE: INITIATED BY: LOST # 12 RESOLUTION LAID OVER WITHDRAWN ) FARM LEASES WITH DENNIS BASLER AND RICHARD SCHUHART CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City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. - 18 _ SUBMITTED BY H�� .3' Z�I�i�i7 � . . RESOLU^ION # 12 FARM LEASE THIS LEASE AGREEMENT, made and en[ered into this 24th day of April, 1983, by and between the CITY OF OSHKOSH, a municipal corporation located in Wi�nebago County, Wisconsin, party of the first pari, 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 teases and rents from the CITY OF OSHKOSH approximately 7.2 acres of tand in the North Industrial Park described as follows: Sec. 1^18-16 NE� of NW� E of N. Main Street and 5 of E. Snetl 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, 15tfi Ward, City of Oshkosh, Winne6ago County, Wisconsin, Said parcel contains approximately 7.2 acres. To hold for the term of One (J) year fran the twenty-fourth day of April, 1983, to the Twenty-fourth day of April, 1984, at an annual cash rental of Two Hundred Sixty Dollars ($260.001 per annum. The rental fee shall be payabie on November l, 1983• IN CONSIDERATION OF said leasing, the lessee further agrees as follows: l. To pay the rent as above specified. 2. To use the premises for farming and for no other purpose. 3• To operaie and cultivate the premises in a good and husband-like manner. 4. To cut down no trees without the consent of the City of Oshkosh. 5• To keep all fences located thereon in a state of repair substan- tially 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 sai;d property. 7. To destroy all noxious weeks, in compliance with state laws and local regulations pertaining to the control of noxious weeds in a reasonably ttiorough 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: l. 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 pre- mises upon ten (10) days notice mailed to the Lessee by certified mail to his last - 19 - J , , RESOLUTION # 12 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 factor shal) be taken into consideration 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 parties hereto. Any fee to be paid the Agricultural Agent for this service, or any other services rendered pur- suant to this Lease, shall be paid 6y 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 detaine r, 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 shail bind the parties hereto and their heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties fiave hereunto set their hands and seals on the day and year first above written. In the Presence of: LESSEE: Approved as to form and execution: Tom W. Ahrens, Asst. City Attorney Dennis Basler CITY OF OSHKOSH By: William D. Frueh, City Manager And: Donna C. Luebke, City Clerk - 20 - J RESOLUTION # 12 FARM LEASE THIS LEASE AGREEMENT, made and entered into this 24th day of April, 1983> 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, hereinefter 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 fotlows: Sec. 1-18-16 Comm. on E line Jackson St. 165•34 ft. S of Wl/4 corner N 89o25'36" E 1243.03 ft. to W line N. Main St. S on said W line 331.01 ft. S 89°26'31" W 984.09 ft. N 0°4'03" E 190 ft. S 89°26'31'' W 259•$3 ft. to E line Jackson St. N along said E line 140.68 ft. to beg. being part of NWl/4 of SW 1/4, 15th Ward, City of Oshkosh, Winnebago County, Wisconsin. Said parcel contains approximately 8.7 acres. To hold for the term of One (1) year fran the twenty-fourth day of April, 1983, to the Twenty-fourth day of April, 1984, at an annual cash rental of Twenty Dollars ($20.00) per acre (174.00 per annum). The rental fee shall be payable on November 1, 1983. 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. 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 weeks in a reasonably thorough and complete manner. 8. To keep the premises �n 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: l. That the C�TY OF OSHKOSH specifically retains the right Co sell the above described property and to obtain actual possession of all or any part of said pre- mises 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 _ 21 _. z RESOLUTION # 12 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 factor shall be taken into consideration in determining the value of the crops. The Winne- bago County Agricultural Agent is hereby designated as the party to determine the value of said crops and his reports shall be binding upon the parties hereto. My fee to be paid the Agricultural Agent for this service, or any other services ren- dered pursuant to this Lease, sNall be paid by the CITY OF OSHKOSH. The value of said crops shall be tendered or paid to the Lessee within thirty (30) days.fran 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 assigr.s. fN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written. In the Presence of: Approved as to form and execution: Tom W. Ahrens, Asst. City Attorney (SEAL) Richard Schuhart - Lessee CITY OF OSHKOSH By: William D. Frueh, City Manager, And: _ ��_ Donna C. Luebke, City Clerk ,�, __ .__ .. _. _ . �� a �� • � � � � � � �s � � � � � w � � 0 � �• 0 � y 0 a t7 0 '� cr a � m � � d� �� o �• � � `� � N � �v �• ;J r�n .°� G•► N � m M � o n a� � n] � � � � r• n • � � � x w r �s � � CZ W N � U� N n � � G � �' F'• w � n � �r