HomeMy WebLinkAbout31434 / B & B TavernLAW 0:-�-ICES
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City of Oshkosh
Common Council
City Hall
Oshkosh, WI 54901
COURT AND [EPPE PVC411E
POST OPFlCE 90X i 1 90
OSHKOSH, W�SCGN9N 5�.���1?
13141231.8300
June 30, 198I
Re: Wallace �n�agner parking iot lease, 600 block, North Main Street,
Oshkosh, Wisconsin
Wal2ace Wagner, owner of the parking lot adjacent to and south of
the B&B Tap on North Main Street has asked that I contact you for
him and request that you reconsider the lease between he and the
City of Oshkosh and disapprove it, He is asking for disapproval
basically because of the negative reaction he has received £rom
business neighbors of his and the public in general. He never
looked upon the lease as any kind of a gain to himself, but a
reasonable means of obtaining police jurisdiction over the iot,
lot maintenance and tax relief in exchange for providing public
parking for the businesses in the surrounding area. In view of
the negative reaction the surrounding businesses apparently are
not in need of public parking.
In the event you do not see fit to reconsider and disapprove the
lease, notice is hereby giaen that the lease will terminate December
31, 1981 pursuar.t to the 6 montn termination clause contained in
the lease.
Mr. Wagner is interested in cooperating with the City in giv3ng
the City wha±�ver is necessary to enable the police c3epartment
to exercise whatever enforcement powers it needs within the lot.
That had been P4r. Wagner's only request of the Czty prior to the
iease proposal.
us. [+lagner J�ishes to than?: +�he Co�ncil ancl the rity administration
for the cooperation he has received in this matter to date.
JNB/cavb
Copy: Mr.
Wallace wagner
Very truly yo�,zrs,
���' � �--��
oseph N'. Bauer,
Attorney for 4vallace Wagner
L�
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Jime 18, 1981
# 1 U �sor.Urzorr
PUF�C�E: LE,ASE WITH NIIILIACE W. FTA,C�i7ER d/b/a Tavern
INITSATED BY: QTY Ail�'aNISTRATION
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City officials are hereby authorized and directed to enter into the at+�ched
Lease Agreecrent with Wallace W. Wagner d/b/a B&B Tavern.
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5'JB7[I i T^D BY
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L E A S E
TfiIS LEASE is �de this day of , 1981, between
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Wallace W. Waqner d/b/a/ B&8 Tau2m (hereinafter called
"Iandord") and the CITY OF C6HKOSH, a Wisconsin miuucipal cozporation, (hereinafter
called "Tesant")_
The �*+;es hereto, in consideration of the leasing by Landlord to 7pnant
and the taking by 2pnant fmm Landlord of the prPmises herein described, and
in further considexation of the obligations of each party to the other hecehy
imdestaken, �tually covenant and agree as follaus:
1. I.andioxd hexrl�y leases and demises W Tenant, and Tenant takes from
Iandlord, the p�ses in the City of Oshkosh, Coimty of winnel�ago and State of
Wisamsin, descrit�rl a5:
The Plest OnrhalE (1/2) of Lc�ts Sewn (7) and Eight (6) in Block
Seu�nty-tro (72) in the fourth Ward. Gity of Oshkosh, cer Leach's
Map of 1894, except the �rorth 22 feet thereof.
tngether wit4 any and a11 easelcPnts, lic�nses, privi.leges, rights of ingress and�
eyx=ss and a?I. other appurtenances appertaining.to said premises to be used for a
me:�ed parking lot only'
2. 2he term of this Iease shall be for fiva (5) years, fmm May 1, 1981
�ti1 Mzy 2, 19B'o, and sha11 �ntinue thezeafter at one year increicents of tenancy
�ti1 terminated as follcas: ef£ective at the end of the fist five year tena
or any subseque�t one yeaz term by aiving prior orritten notice of its intention
so to terminate. Notice shall be in writing and shall be served on the other
party at least six months prior to the e�iration of the first five year term
/Either party may texminate
or six =ronths crior to any subsequent one yeaz tex�,,�'�tmNXxLeu,Ylaa�wssaacegt
this lease at any ti� after its inception upon giving six (6) months notice
in writing to the other party. �
wltic�7enxpt¢�xCaX�lad�cm§�AaC� In the event te[iant dismntinlp=
vsa of the premises as a�tered �rking lot, this�lease rtay be terninated 6y
landlord upon giving Thirty days notice to tenant.
3- Tenant agzees that Tenant will, at Tenant's sole ex�ense, make all
repairs and provide a11 m3intPnance to or upon said deinised premises which
beca�ne necessazy duzing 1�nant's occuoancy of said premises, which repairs
shall include but not limited to, repair and repaving of asphalt when necessary,
sweeoing, plaaing or rertoval of snow, rt�.intenance and xepair of sidewalks, and
any other repairs or maintenance r,,;red, fmm tirte to tiee, on tehalf of
said premises. Tenant also agrees that it cvill keep the der.used pra'nises in
a clean rnndition, according tn 1xa1 ordine.nces and the direction of the
prorxr public of£i�xs,. during the term hereof. Upon teimination of this Lease,
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the demised premises sha11 be zeturned tD Iandlord in a mnditron satisfact�xy
tn Zandlord.
4. Te�ant shall pay £or any and all utilities used by it upon the d�nised
premises. .
5. Tenant cnvenants and agrees that it will protect and save and keep
Iandlord forever harnSess and indesmtified against and from any and all penalties
or charqes ing�osed for violation of any laws or ordinances, and that Tenant
witl at all times protect, •*+�.�.,;Pj, save and keep haxmless Iandlord agaiast
and £rom any ard all alleged or actual losses, msts, claias, damages or expenses,
2sulti.ng or arising cut of or fmn any amident or othPr occuiren� on or about
Lie dendsed pxemises causin4 �J�Y ��1' P�SOn or pmperty, who�cever or
whatsoever. . .
6. Tenant shall cbtain and maintain during the ternt hexeof or any xene.ral
he�eof, Public Liability Insurance with limits of rwt less than One Himdred
"Swisazrl Dollars/'I2irne Himdred Thousand Ibllars ($100,000.00/$300,000.00)
znd Pm?erty Damac� Insisanrn with limits of not less than 'iWenty-five 'Pnousand
mllars ($25,000.00) mntaining provisions satisfactory to Landloxd az�d adequate
to protect Lan3lord as well as Tenant from any and all clains for death of,
or injury tn, person or daa�ge to, or lass of, pmperty which may arise out
of the vse and occupancy of the premises herein demised. All such policies
shall pmvide that co.Erage theretmder shall not be terntinated withput at least
ten (10) days prior written notic� to Iandlord. The furnishing of such certificate
to Iandlord shall be deeaed to be coaQliance with this Article 6.
7. 7pnant agxe=s to pay all general real estate ta�s levi.ed and assPSSed
v�n said demised pre�m.ses during the tErn� of this lease. Real estate taxes for
1981 shall be proratPd between Yhe �rties to May 1, 1981. Tenant agrees to pay
Tandlord 503 of all gross income in excess of $1,080.00 annually derived £mm said
pz�nises. Said rent shall he paid on an annual basis by bfay 31st of 1982 and each
year thereafter.
8. It is mtitually undezstood by and between the ;��*;es heretro that a11
of the covenants and obligations of Tenant here�mder are in lieu of any foxmal
rental payRent to be made by Tenant to Landlord, it heing the intention of the
�*+;es that Landlord shall have no operating or maintenance �sts in connection
with said demised premises during the tezm of this Lease.
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9. Laridlord �venants that Tenant, on performing Tenant's covenants as
afo�said, sha11 and may peaoeably ard quietly have, hold and enjoy the demised
prer,u.sas for the term aforesai.d. .
10. Iandlord reserves right to exclusive use of the northesly xo.� of stall
on said premi.ses.
11. All notices provide.ded for hernin shall be given by registered mail,
Fostage prepaid, retuxn �ceipt �quested and if given by Tenant to Iandlord sha11
be addressed to: -
Wallace W. Wagrer
3104 Sheldon Orive
Oshkosh, ATI 54901
dnd if givPSt by T.a.�Alnrri tp Tenant shall be addxessed tA:
CSTY OF 0.SHKOSH
City Ha11
215 Chuzch Avern�e
P. O. Box 1130 �
Oshkosh, FII 54902
Attention: City Manager, Willia[n D. Fizrh
12. The »rord "Tenant" whenever and wherevzr used herein, althouc� e�xessed
in thz singulaz niarber sha11, nevertheless, be taken to apply to the pezso�,
orx or icore, male or femaie, and/or f±rr,s or cer�orations, althoush plural in
n�zber, respectively, as the sa� may be descri.bed as "Tenant" herein and, all
pronoims ised hesein and re£erring to said "Tenant" shall 6e construed accoxdingly,
xegrsdless of either mmt�er or c�nder thereof.
13. The provisions of this Lease shall be binding up�n and shall inurn to
t4e benefit of the �rt;es hexeto and their �spective heirs, executozs, adrmir
istratos, sucressoxs and/or assigrvs. This Iease mvers in full each and evexy
obligation of evexy kind or nature whatseever from Tenant to Landlozd and from
Landlord to Tenant conceming the premises hereby deJnised.
IN WI'itVESS A3�1�oF, the �**.es hereto have hereunto set their hands
and affi�d their seals, the day and yeaz iirst abo� written, the mrporat�
parties by their proper office=s duly authorized hereunto.
SPitnesses to Execution by Landlord: Landlord: Wallace W. Wagner d/b/a BSB Ta�ern
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Witnesses tv E�cution by Tenant:
I hernby �rtify that pmvisions have bee
�de to pay liability that will accng to
the City of b-hkosh, Wisconsin imder the
within -contract.
�1 IaMarche. City Cortq�tcollcr
YA
Tenant: QTY OF C6HICC6H
BY:
� William D. FYirh, City Nana,rnr
BY�
� � Converse C. Mazks, City Cledc
n APPA'JVEI] AS 'Ltl FORM: �
John W, Pence, City At�rney
si: .�si oi. P.�.�,t�c�il cc2^r .�tcifu�.'i
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