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HomeMy WebLinkAbout31406 / 81-15a Jtme 18, 1981 # 15 I�SOLUfION PURI'�E: FAF2M LEASFS FIITH DEI�IIVIS BASLER AND RICHARD SQ?I7HARP INtTIATED BY: QTY ADMLNISTRATION Se. TT ?2F'�nr.yF'p by rt:e �or,�^ Cc�� c? I ei �h� �� 1^� Cs`.;::..:.. t�:::t := = proper City Officials are hereby authorized and directeci to enter into the attached Farni Leases with I�nnis Basler, 1801 W. Stmnyviea I�ad, Osh}cosh and Richazd Schuhart, 460 E. Snell E�ad, �shkosh. - 15 - SUBMITTED BY APPROVED ��7"UH/! n �/C.c.cG�lfl//� , �/5 FARM LEASE THIS LEASE AGREEl1ENT, made and entered into this 24th day of April, 19H7, by and bet::een the CITY OF OSHKOSN, a muaicipal cozpoxation located in Winnebagn Couney, Wisconsin, party o£ the first par[, RICNARD SCHUHART, 460 E. Sne11 Road, Oshkosh, Wisconsin, party of the second par[, hereinafter referred to as the "Lessee." NITNESSETH: That the CITY OF OSHKOSH in consideration of the mutual agreements herein made, he:eby leases and lets [o lessee, and lessee hereby leases and rents froa the CITY OF OS�Ci03H approximately 8.7 acres of land in the NoYth Industrial Park described as follows: Sec. 1-18-16 Comm on E line Jackson St. 165.34 ft. S of WS/4 corner N 89°25'36" E 1243.03 ft. [o W line N. Ptain St. S on said W liae 331.01 ft. S 89°26'31" W 984-09 ft. N D°G'03" E 190 ft. S 89�26'31" W 259.83 ft. to E 13ne Jackson Se. N along said E line 140.68 fi. to beg. being patt of NW1l4 of SW114, 15Ch Ward, City of Oshkosh, ZJinnebago County, Wsiconson Said parcel contains approximatelq 8.7 acres To hold for the texm o£ One (1) year from the [wenty-four[h day of April, 1981, to *_he 'Lt�*enry-fourCh day of April, 198z, at an annual cash rental of T17ENTY DOLLARS ($ZD•00} nez acze (174.00 per annum). The rental fee shall be payable on Novembez 1, oi I981. IN CO:�SI➢ER4TIOPI OF said leasing, the lessee further agrees as follows: 1. To pay [he rent as above specified. 2. To use [he premises for fazming and for no other purpose. 3. To operate and culticate [he premises in a good and husband-like manner. 4. To cu[ down no trees without the consent of Che Ci[y. 5. To keep all fences located ihereon in a state of repair substantially similar to the presene condition of said fences. 6. To furnish and install such temporary fences which lessee may deem necessary in the use of said pzopexty. 7. io destcoy all noxious weeds, in compl3ance wi�h state laws and local reRulations pertaining to Che con[zol of noxious weeds in a reasonably thorough and complete manner. 8. To keep the permises in a neat and orderly condition. 9. Not Co sublet the premises or any par[ thereof. -can[inued- � �l5 IT IS FURTHER MUTUALLY AGREED 6y and be[ween the pac[ies as follows: 1. That the CITY OF OSHKOSH specifically retains [he right [o sell the above described property and to obtain actual possession of all or any part oF said premises upon ten (30) days notice mailed to the Lessee by certified mail co his last known ad3ress and upon offering in said no[ice to pay [o Lessee an amoun[ of money equal to the value of the crops, the value of said crops to be de[ermined as of [he da[e the notice is given; in ascertaining the value of the czops, the cose of all labor and sezd cuy be taken into consideration, beiag [he intent of the par[ies herein, hovever, Chat a21 risk ia Lhe fa:�ing operatioa be assumed by the Lessee an3 in case of aa extremely good crap the value so to be determined shall take that act into considera— tion and likevise in [he event of a poor crop, said factoz shall he Caken in[o cocs:deration in detern�ining the value of the crops. The Winnebago Coun[y Agricul[uzal Ag�t is hereby designated as the party to determine [he value of said crops and his repo=ts sfial2 he binding upon the parties hereto. Any fee to be paid the Agricultural Ag�at for this szrvice, or any other services rendered pursuant to this Lease, shall be paid by the CITY OF OSHKOSH. The value oE said crops sha11 be [endered or paid to the Lessze vi[hin thirty (30) days from the date of the notice aforesaid. 2. That if Lessee shall fail to pay ren[ as herein provided or shall make deiault 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 ot forcible entry and detainer; and a[ the eupiration of this Lease, the Lessee agrees wi[hou[ further notice oF any kind [o quit or surrender occupancy and the possession of the premises. _ 2 _ �i� The covenants and agreements herein contained shall bind the par[ies hereto and thei[ he3rs, executors, administrators, successors, and assigns- IN WITNESS WHEREOE, the paitie5 have her�unto set [heir hands and seals on the day and year first a6ove wtit[en. Ia the presence of: Is; Approved a� to form and execution: /s/ .T�cPii '«. P°RCE, Ci[y Attomey /s/ CITY OF OSHROSH By: /s/ WILLIAM D. FRUEH, Ci[y Manager By: /s/ CONVERSE C. `WRKS, City Clerk '.l�� FARM LEASE � / � � THIS LEASE AGREEMEYT, made aad entered ineo [his 24th day of Ap�il, 1981, by and be[ween the CITY OF OSNKOSH, a municipal corpora[ion located in Winnebago Coun[y, Wisconsin, party of the first part, �ENNIS BASLER, 1801 W. Sunny�iew Road, Oshkosh, Wisconsin, par[y of the second pac[, hereinafter referred to as che "Lessee." WITNESSETEI: That the CITY OF OSHKOSH in consideraeion of the mutual agreemen[s herein made, herzSy leases and lets to lessee, and lessee herehy leases and rents from the CITY oF OSFC<OSH approximately 7•2 acres of land in the North Industrial Park desczibed as follovs: Sec. 1-18-16 rE1(4 of NWL(4 E oE N. Main S[reet and S of E- Snell Road exc. [he N 899.25 ft. also exc. the E 940.5 ft. being par[ 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 ACAES, 15th Ward, City o£ Oshkosh, Winn_Eago County, Wisconsin Said paxcel contains approximately 7.2 acres To hold for [he term of One (1J year from [he tven[y-Eoutth day of Apci1, 1981, to the ltrenty-fourth day of April, 1982, at an annual cash rental o£ THLRTY-FIVE DOLLARS ($35.00) per acre ($25Z per annun). The xental fee shall be payable on :Iovember 1, oE 1981. iti CORSI➢cY4TI0N OF sald leasing, the lessee further agrees as folloWS: 1. To pay [he 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 do�m no [rees without the consent oF the City of Oshkosh. 5. To keep all fences loca[ed ihereon in a siate of repais substantially similar to the present condition of said fences. 6. To furnish and install such temporary fences which lessee may deem necessary in [he use of said property. 7. To destroy all noxious veeds, in compliance vith state la�as and local regulations pertaining to the control of noxious weeds in a reasonably thorough and complete�mannez. 8. To keep the premises in a neat and orderly condition. 9. PoG [o sublet [he premises or any par[ thereof. -continued- �/� IT IS FURiHER MOTUALLY ACREED by and between [he par[ies as follows: � � 1. That the CITY OF OSHROSH specifically retains the right to sell [he above described property and to obtain actual possession of all or any part of said premises upon ten (30) days notice mailed [o the Lessee by certified mail to his last know address and upon offering in said no[ice [o pay to Lessee an amount of money equal to the value of the crops, [he value of said crops to 6e de[ermined as of.the date - the aotiee is givea; in ascertaining the value oi [he crops, the cost of all labor and seed may be taken into consideratioa� being the intent of the parties herein� ho_ever, [hat all risk in the farmi.ng operation be assumed by the Lessee aad ia case of aa extremely good crop [he value so to be determined shall take tt�at act into coasideratioa and likevise in the event of a poor crop, said factor sliall be takea iato consideratron in detexmining the value af the crops. The llinvebago County Agricul[ural Agent is hereby designated as the party to determine the value of said crops and his reports shall be binding upon [he parties hereCO. Any fee Co be paid thz Ag:icultural Agent for [h3s service, or any other services rendered pursuant to :his Lease, shall be paid by the CITY OF OSHKOSH. The value of said crops shall be te�dered or paid to the Lessee wi[hin thirty (30) days from [he date of the notice aforesaid_ 2. Tha[ if Lessee shall fail to pay ren[ as herein provided or shall make default in any of [he agreements herein, he shall forfeit all righ[s under this Lease and the City may at its option take imnediate possession of the premises aad may recover such possession by action of forcible entry and detainer; and at the expiration of this Lease, [he Lessee agrees without further notice of any kind [o quit ox surrender occupancy and [he possession of the premises. ' Z ' �ls The covenants and agreemen[s herein contained shall bind the parties hereto and Cheir heirs, execu[ors, adminis[rafors, successors, and assigns. IN WITNESS Wk�REOF, the parties have hereun[o set Cheir hands and seals on [he day and year first above �aritten. In the presence of: Approved as to foxm and execution: PENCE, City Attorney CITY OF OSAKOSH By: /s/ WILLIAM D. FRUEE[, City Manager By: /s/ CONVERSE C. PfARKS, City Clerk - 3 - � � ak J� ia � ro +� .c .�+ a 3 .G 0 �� � �ro � � a .� U N +a na 0 s� ro a� a �t ¢ c� o �u J� r-I � N O cIS •ri Pa � � N r--I ri O � � � N N fZ Q � a 0 b ¢ O H � O .� N O � � � � � ¢ ro � .� Fa F� � U a m � � � s� � a� rl U N � +i F7 U