HomeMy WebLinkAbout31167 / 81-21Februazy 5, 1981 # Zi 1�SOLUPIWi
PURP0.SE: LEASE WITH BATTIS B�'RS SUPPLY COMPANY, INC.
.Ni ITIATED BY: CITY ADMNISTFv�Ti�I
BE IT 1�SOLVED by the Cocncnn Council of the City of Oshkosh that the prooer
City officials are hereby aut`�orized and directe.d to enter into the attachec
Lease Agree�nt with Battis Brothers Supply Co�any, Ir,c.
Sii''•,rnl :) i-,�
rT,.>.,;., , � l �
-=----==- _._:-= � � �=��-
- 21 _
/
�" p�,.`
LF.115E
THIS AGREE6fEN2 made between the CITY OF OSHKOSH, a
Municipal Corporation, hereafter called La�dlord, and BAT_TIS
BROTHERS SUPPLY COMPANY, INC., a Wisc�nsin Corporation, hEreafter
called Tenant.
The LandLord hereby leases to tenant the premises des-
erihed on Schedule A annexed hereto and made a part hereof, for
the term of ten (10) years to c%mmence on March 1, 1981, and to
end on the 28th day of February, 1991, to be used and occupied in
conjunction with the premises oconed by Tenant and adjacent thereto.
1. RENT. Tenant will pay the annual rent of Two
Hundred ($200.00) Dollars, said rent to be paid annually in
advance on the lst day oE Ma=ch each year.
2, CARE OF PREMISES. Tenant sha11 maintain Premises
at Tenant's own cost and expense and deliver up the demised
premises in good order and condition upon the expiration of the
lease.
3. ALTERATIO,iS. Tenant shall be entitled to asphalt
the surface of the land and shall not be required to remove the
same upon termination oE•the lease. Tenant shall further be
entitled to take measures to secuxe oersonal property ;toxed upon
the leased premises and at Tenant's option may remove such matecials
at the expiration of the lease.
4. ACCESS. Landlord agrees that Tenant shatl have
access to the most westerly edge of the leased premises and hereby
grants to Tenant such access and agrees to do whatever is necessary
to prohibit anyone £rom blocking such access.
5. REMOVN. OP EtJILDNG. Tenant agrees that it will
Yemove a metal and wood structure building from the westeYly Qortion
of the adjacent premises now owned by Tenant. Such bUilding shall
be removed hy March 1, 1983. In the event said building is not
removed by that date, this lease may be reopened. as to the amount
of rent payable. In the event the parties cannot agree, said rent
.,,.a__ �:c .!c_orrin�3 ..� .,..�oaft�. , ���.:�u.
�
�a.i
6. RENES4AL. Tenant sha11 have the right to renew this
lease upon likz texms except For amount oi rental £or one (1) period
of ten (10) years upon expiration of the initial term. The rent
shall be negotiated between the parties. In the event the parties
cannot agree, said rent shall be determined as hereafter provided.
7. EARLY TER:4INATION. Zn the event Landlord acquires
Tenant's adjacent property or such property is acquirea by a public
entity, this lease shall terminate upon vacation of said premises
by said Tenant, and Tenant shall be entitled to no damages as a
result of such termination of this lease.
a• REAL ESTATE TAXES. Landlord agrees that the leased
premises will not be put on the tax rolls.
9. RE-NEGOTIATION OF RENT. In the event the parties
are unable to re-negotiate the rent as provided for in this lease,
they sha11 agre� on ar. individual to arbitrate such rent, whic:�
amount shall be binding upon the parties hereto. In the event the
parties cannot agree on such arbitrator, such question shall be
submitted to the American Arbitration Association for determination
of such rent, the cost to be borne equally by the parties. The
rent so determined by the arbitrator of the American Arbitration
Association shall be binding upon the parties.
10. REqUIREbiENTS OF LAW. Tenant shall comply with all
laws, orders and regulations of federal, state and municipal
authorites with respect to the leased premises for the �.�se or
occupation thereof.
11. BANKRUPTCY. At the option of Landlord, this lease
shall terminate in the event of the bankruptcy of Tenant.
12. BINDING EFFECT. This lease shall be binding upon the
heirs, successors and assigns of the parties hereto.
IN tPITNESS WHEREOF, the parties have hereunto set their
hands and seals on the day of , 1981.
CZTY OF OSHKOSH
BY� (SEAL)
City Manager
BY0 (SEAL)
City Clerk
'Z'
�
SQ-IEDULE A
DESCRIPTION OF PARKING P.AMP PROPERTY TO BE LEASED
A parcel of land in Leach's Map, BLock 7, First Ward, City of
Oshkosh, Winnebago County� State of Wisconsin� described as follows:
Commencing at the most westerly corner of Lot 5 of said
block, thence northerly along the northwest line of Lot 5
to the most southerly corner of Lot 12, thence northwesterly
60 feet along the southwest line of Lot 12, [hence 8 feet
northeasterly along the extended northwest Line of Lot 8,
thence southeasterly 96 feet para11e1 to the southwest line
of Lot 12� thence southwesterly 21.5 feet para11e1 to the
northwest Line of Lot 5 to the southwest line of Lot 5,
thence northwesterly along the southwest line of Lot 5 to
the point of beginning.
Said parcel contains approximately 1254 square fee[, or
0.029 square acres.
�� I
�
� � � ,, ` , 1
!T� �I � o c QJ ` ito�, _ �
5 � • � � `��' .
D , A �'
� � i ,
° ' � � � S
�7 ; � _= N � � �
(r ; � N i ,,
� <o �o � � ,
', � � ,� " A ' I
� • D � �� �. i j
it � G� ---------- _---_- , i
, • p � Z o � W _ �
�
: _ _�j _ _ '`� :_. . _ i
� " i � ° — —� - — -i- — -- — '
I i � . ; _ - (P- - - ' r _ - �
0
� „� ' � �
� o I - i
< 0 � .,, � (P '
� a
. , . a n '—__� '_�"_'__— i �'
, i
: i � I
! � — — ' I
� 1 _ �a. Qo � rlo /�
"� i
''�. � . . it0 .. � I � � I
a i 1 '" ' _ _ _—_ .. . _ o _ CVAGATE'OJ �--t-
�_..� .. .T+ �
0
i i ... i N � � � � I :
I N _; � p I-Z4- 1895
� i ,
I 1 T 9�.�' zc.s .. 1 .
i � � '
�I 4 . . � I . I o
a i
� ' � �° e � —
', r
' � I �, - � a
,�, s
�
, ;
. P � d-' ° \ I �
� � N �
9 i: � �� � � N
� I' ;
; ,
, � �
I .;,- <
�r :
' � 1 90 �
' � � � � _
IU
� � �, W - �
a
� Yis �
� V O � Q � �� �30 S �
� I
i � �� O
I I � T
I • •
< � � 1� . • � � ,
• I `' �,je � �
r --- �
I i 205 2£I`°- 219 �o' 221 —�bo--_ ---� ` .
' _' i
� * i
., , ._i--' � ----�- - � � . _ . .. . �- - - �---_�_. ._ . � -
_.�' _a .... ,r _ - _ — .."_ ' _' ___ . � i
..V__ _ '! _ _ _ 9.____ _"^I
, !— , _'r �V'}t� �`�'�..�-T � _ .. _' '_ST:__'_--�,,
� ,�
�
N
N � �
ik Vl r� l0
([$ ¢i �
N p,
�i � �
U1 N
N �
y� 6
o s�
s� �
a .� +� -
C2e y � �
'^ �r o o a�
.:.., s, ro ,1
,�.,; o m ¢ �,
� � S�
C , v� o �
� ,-i H c>
O 1� �
rl J-> U
J� N �
� W H �
ri O
O ,� � T-I
UI 1� - Y
N rl O O
fz � U �
r�
�
�
�
u,
�
z�
�d
�
z�
.�
N
Cia
x
�
�
�
0
�
�
�i
U