CCR2010033-Waterbugs Pier Agreement
AGREEMENT
WATER BUGS SKI TEAM, INC. & CITY OF MUSKEGO
CONCERNING PIER PLACEMENT AT IDLE ISLE
THIS AGREEMENT is made by and between the Water Bugs Ski Team, Inc., a
Wisconsin corporation, hereinafter referred to as “Corporation,” and the City of
Muskego, hereinafter referred to as “City.”
WHEREAS, the Corporation understands it may be necessary for the Corporation to
obtain appropriate approvals, if any, from the Wisconsin Department of Natural
Resources, hereinafter referred to as “WDNR,” for said pier placement; and
WHEREAS, the City’s approval of the placement of said pier is conditioned upon the
execution of this Agreement.
NOW, THEREFORE, in exchange for the execution of this Agreement and other good
and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Corporation and the City agree as follows:
1. Term of Agreement
A. The term of this Agreement shall commence on the date on which the
Corporation obtains all required approvals from all governing bodies and
agencies for placement of said pier. The Corporation shall provide the
City copies of all approvals obtained by the Corporation under this
Agreement. If no approvals are necessary, the Corporation shall provide
the City with a statement to that effect. Unless earlier terminated by action
th
of the City, the term of this Agreement shall terminate on the 28 day of
September, 2010.
B. The term of this Agreement shall automatically terminate in the event the
Corporation is properly ordered or otherwise required to remove the pier
from the Little Muskego Lake by any governmental authority or agency.
C. Upon termination of this Agreement, the Corporation shall remove the
pier, together with any related equipment and materials, within seven (7)
calendar days.
2. Ownership and Placement of Pier
A. At all times during the term of this Agreement the Corporation shall be the
sole owner of the pier located at Idle Isle Park, W182 S6666 Hardtke Drive
in the City of Muskego. The Corporation cannot, without the prior written
approval of the City, assign any ownership interests in the pier or any of
the Corporation’s rights, duties or obligations under this Agreement to any
person, entity or association.
B. The Corporation shall be responsible for the physical placing and removal
of the pier from Idle Isle Park and Little Muskego Lake. The physical
location of the pier shall be placed at a distance of thirty (30) feet from the
5' x 32' pier abutting the boat landing (see Exhibit A) having a maximum
length of thirty (30) feet.
C. The Corporation will allow the City and the public to use this pier at all
times that it is not scheduled for exclusive use of the Corporation. The
Corporation will make five signs, with prior approval of the Parks &
Recreation Director. Two signs will indicate that the swimming area will
be decreased in size ten minutes prior to and throughout the
practice/show times as posted on the beach and at the entrance of the
park. The swimming area will be increased to its original size ten minutes
after the show or practice time unless in the case of a cancelled show or
practice. The other two signs will indicate that the pier will be closed to
the public one-half hour prior to and throughout the practice/show times
posted at the pier and at the entrance of the park. The pier will be open to
the public one-half hour after the show or practice time unless in the case
of a cancelled show or practice. The last sign will indicate that the
Corporation’s pier is not to be used for public swimming, diving or jumping
from and no public boats shall be docked/moored to said pier.
D. The Corporation shall be solely responsible for and shall promptly perform
all maintenance and upkeep required or recommended for the pier and
signs. In the event the Corporation fails at any time to perform any
maintenance or upkeep reasonably deemed necessary by the City, upon
written notice to the Corporation the term of this Agreement shall
immediately terminate.
3. Liability Matters
A. The Corporation shall indemnify the City and hold the City harmless
against and from any and all liabilities, fines, suits, claims, demands and
actions, including costs and expenses of any kind or nature including, but
not limited to, attorneys’ fees brought or asserted by anyone due to or
arising out of (i) any default by the Corporation in observing any provision
of this Agreement required to be observed and performed by the
Corporation, or (ii) any damage to property or injury to person or persons,
including death, occasioned by or resulting from the Corporation’s pier and
signs.
B. During the term of this Agreement, the Corporation, at its expense, shall
maintain comprehensive general liability coverage, bodily injury coverage
and property damage coverage insuring the Corporation and the City
against liability for injury to persons or property occurring on or about the
pier and signs or arising out of the ownership, maintenance or use of the
pier or signs. The insurance shall have a limit of not less than $1,000,000
per occurrence with an aggregate limit of not less than $2,000,000. The
Corporation shall cause the City to be named as an additional insured for
the types and limits of coverage stated above in respect to this Agreement
and shall, upon request by the City, provide the City a certificate of
insurance demonstrating the Corporation’s compliance with the above
insurance provisions.
C. The Corporation and its insurance carrier(s) shall provide the City not less
than a 30-day notice of any change in the terms or conditions or the
cancellation of any of the required types and limits of insurance coverage.
4. Notices
A. Notices required or permitted by this Agreement shall be given by certified
mail addressed as follows:
In the case of the Corporation to: In the case of the City, to:
Mark Moriarty, President City Clerk/Treasurer
Water Bugs Ski Team, Inc. City of Muskego
P.O. Box 111 P.O. Box 749
Muskego, WI 53150 Muskego, WI 53150-0749
B. Notice shall be deemed to have been given on the date such notice is
postmarked by the United States Post Office.
5. Miscellaneous
A. The failure of either party to insist on strict performance of any term,
covenant or condition hereof, or to exercise any option herein contained,
shall not be construed as a waiver of such term, covenant, condition or
option in any other instance.
B. This Agreement cannot be changed orally, but only by an instrument
signed by both parties.
C. This Agreement shall be construed in accordance with and governed by
the laws of the State of Wisconsin.
IN WITNESS WHEREOF, the Corporation and the City have duly executed this
Agreement on the _____ day of ____________, 2010.
WATER BUGS SKI TEAM, INC. CITY OF MUSKEGO
By:___________________________ By:____________________________
Mark Moriarty, President John R. Johnson, Mayor
ATTEST: ATTEST:
By:____________________________ By:____________________________
Secretary Janice Moyer, Clerk/Treasurer