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HomeMy WebLinkAbout32207 / 82-12December 16, 1982 /C 12 RESOLUTION PURPOSE: PARKING LOT LEASE --- FOX VALLEY TECHNICAL INSTITUTE INITIATED BY: DEPARTME� OF ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to execute the attached Lease with the Fox Valley Technical Institute for a parking lot. SUB?dITTEU Bl 4,-pI!'Y:^`:� - 12 - i .. ,. _. �° ��� 0 L E A S E THZS LEASE is made this day of , 1982, between £OX VALLEy TECHNICAL INSTITUTE (herein called "Landlord") and Lhe CITY OF OSHROSH, a Wisconsin municipal corporation (hereinafter Called "Teaant"). The parties hereto, in consideration of the leasing by Landlord tc Tenant and the taking by Tenant from Landlord of the premi.ses here- in described, and in further eonsideration cf the obligatian o£ each patty to the other hereby undertaken, mutually covenant and aqree as follor, s : 2. La^.31crd hereby leases azd de�ises to Tenar.:, az:d Teaart tztes Prom Landlord, the premises in the City o! Oshkosh, County of Winnebago, aad State of Wisconsin, described as: Tha sauth 54 Eeet o£ Lot 1 and the South 54 Feet of Lot 2 in Block C,W.W. Wright's Second Addition; Also Lot 4 in Block B, W.W. Wright'e Secand Addition; Also vacated Ivy Place lying south of said Lots 1 and 2 and north of said Lot 4, Sevent4 Ward. City o£ oehkosh, Winnebago County, Wisconsin. toqether with any and a11 easements, licenses, privileges, righta of ingress and egress and all other appurtenances appestaining to said premises to be used for a parkinq lot. 2. The term of this Lease shall be for one (1) year £rom September 1 , 1982, until Auaust 30 , 1983, and shall continue thereaEter at one-year increments unless tezminated. 3. This Lease may be termi.nated by either party upon written notice qiven to the other party at least thi=ty (30} days prior to the proposed date of termination. 4. Tenant aarees that Tenant will, at Tenant's sole expense, make all repairs and provide all maintanance to or upon said demised premi.ses which become necessary during Tenant's occupancy of said pre- mises, which repairs shall include, but not limited to, repair and - repaving of asphalt whea necessary, sweeping, plowing or removal oF snov, maintenance and repair o£ sidewalks, aad any other repairs or e�aintenance zequired, from time to ti.me, on behalf of said premises, :: f'ry..,. . -. :. .:-�� ' .:" ... ��' `" . .. . . ' " :k;l ... �/o'� Tenant also agrees that it will keep the demised premises in a clean condition. according to local ordinances and the direction o£ the pro- per public officers, durinq the Germ hereof. Upon texmination of this Lease, the demised premises shall 6e returned to Landlord in a con- dition satisPactory to Landlord. 5. Tenant also aqrees that it will, at its own expense, remove the snow from the sidewalks and mow the grounds in front of the Vocational School Building located at 228 Algoma Boulevard. 6. Tenaat sha1S pay for any and all utilities used by it upon the demi.sed premises. 7. Tenant covenants and aqrees that it aill protect and save and keep Landlord forever hasmless and inde�ified against and from any aad all eenalites cr Gi2SCJ�5 iarased £or violatica c£ any laws or or- dinances, and that Tenant will at all times protect, indemnify, save and keep harmleas Landlord against and from any aad all alleged or ac- tual loasas, costs, claims, damages or expenses, resultinq or arising out oE or Erom any accideat or other occvrrence on or about the demised premises causinq injury to any person or property, whomsoevez or � whatsoever.. � 8. Tenant Agrees, durinq the Lease term or any tenewal rhereo£, to include the demised premises under its comprehensive liability insurance policy, which has limits of not less than One Million Dollars/ One Million Dollars (S1,OOO,OOO.00JS1,040,000.00) £or bodily injury and limiLs of natless that Five Hundred Thousaad �ollars (5500,000.00) for property damage, and contains provision adequate to proteet the Landlord and the Tenant frvm any and all claims from death of or injury to person, or damage to or loss o£ property which may arise out of the use and occupancy of the premises herein demised. Said policy shall not be termi.nated without at least ten (10) days prior Nritten notice to the Landlord. 9. Tenant agrees to pay all general real estate taxes and special assessments levied and assessed upon said demised premises durinq the term o£ this Lease. 10. It is mutually understood by and between the parties hereto that all of ffie covenants and ol�ligations of Tenant hereunder are in -Z_ .�.�.�,� -�/o� lieu af any Eormal rental payment to be made by Tenant to Landlord, it being the intention o£ the parties that Landlord shall have no opetat- inq or maintenance eosts in connection with said demi.sed premises durinq the term of this Lease. 11. All notices provided for hezein shall be qiven by registered mail, postage prepaid, return receipt requested, and iE qiven by Tenant to Landlord shall be addressed tos FO% VALLEY TECHNICAL SNSTITUTE 1825 N. Blueinound Drive Appleton, WI 54911 and if qiven by Landlord to Tenant shall be addressed to: CITY OF OSHROSH City Hall 215 Church Avenue P.O. Hox 1130 Oshkoah, Wisrnnsin 54902 � Atteation: City Manager, William D. Frueh 12. The provisians of this Lease shall be binding upon and shall inure to the bene£it of the parties hereto and their respective hairs, executocs, administrators, 9uceessors and/or assiqns. This Lease covers in full each� and every obligation of every kiad or nature what- soever £rom Tenant to Landlord and from Landlord to Tenant concerning the premises hereby demised. IN WZTNESS WFiEREOF, t1�e parties hereto have hereunto set their hands and a£fixed their seals, the day and year first above vritten, the corporate parties by their proper ofEicers duly authorized hereunto. Witnessed to Execution 6y Landlord: Landlord: �.. � I .�.., � `" '. , ,, . ' __ 1 Witnessed to Execution by Tenant: y � 1 � � j'� �„ �✓` - 3- � / _ [Ji �I . . .._ �:l.L.�/i " .. Tenant: CITY OF OSHROSH By: WILLZAM D. FAU£H, City Manager By: CONVERSE C. MARKS, City Clerk � I hereby certi£y that provisions have been made to pay liability that will accrue to the City of Oshkosh, Wisconsin, under the within contract. EDWARD A. NOAES, City CamQtnoller APPROVED AS TO FORM: QSHROSH CITY ATTORNEY JOHN W. PENCE By: TOM W. AFIRENS, AssC. City Attorney THIS INSTRtTMENT OPAETED 9Y: TOH P1. .71HRENS, ASST. CZTY ATTORFTEY °q_ -�/� \ -� .... . . - .. .. - N � � O � C1 �n � .� x N � W N N O r-� 41 a� � � O l� o u. � i H C O N� •� � � y� cd U �a�a o .� m L� U v O N w'.]H i\ [� z ,' a � 's: `" r o c [ G 0 .� a� O � N \ � � a. , � r-+ U � \ �. J—�� \J Sa � � � �� u � C] .� U oq i'. .� � u 6