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CCR2010036-Access Agreemt ACCESS AGREEMENT THIS AGREEMENT is made by and between the City of Muskego, a Wisconsin Municipal Corporation in Waukesha County, and Lyle Fickau. The property, which is the subject of this agreement, is described as follows: Engel Conservation Land: SEE ATTACHED LEGAL DESCRIPTION – Exhibit A Tax Key No. MSKC 2238.992 INTENT: The intent of this agreement is to provide access to adjacent farmland (Tax Key No. MSKC2239.999) situated west of the Engel Conservation Land that is leased by Lyle Fickau from others for farming purposes. DESCRIPTION: lands subject to agreement are depicted in Exhibit B and described as follows: A 25-foot wide access drive from Henneberry Drive northward and westward through the subject property to leased lands described above shall be available free of charge for ingress and egress for the purpose of planting, managing, and harvesting crops on farmlands within Tax Key No. MSKC2239.999 as depicted in Exhibit B. LIABILITY INSURANCE: Lyle Fickau shall, at his own expense and at all times during the term of this access agreement, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure the City of Muskego against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the Engineering/Building Inspection Department prior to entering said property. ASSIGNMENT: This agreement shall not be assigned by Lyle Fickau to another without the expressed written consent of the City. TERMS AND RENEWAL: The access of said property shall be for the term of one year, free of charge, commencing on the date of approval and ending the 31st day of December, 2010. This access agreement shall automatically renew annually contingent on annual provision of proof of liability insurance as described above. The City of Muskego may terminate this access agreement at any time but shall allow reasonable access to complete the harvest of crops. Page 1 of 2 Pursuant to Resolution #036-2010 passed and approved on April 13, 2010 by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2010. ______________________________________ Lyle Fickau __________________________ City of Muskego John R. Johnson, Mayor Attest: __________________________ City of Muskego Janice Moyer, City Clerk-Treasurer Page 1 of 2