CCR1979106RESOLUTION #106-79
8
APPROVING LEASE BETWEEN WAUER'S FUR FOODS, INC
AND CITY OF MUSKEG0 FOR A SHOOTING RANGE FOR
THE POLICE DEPARTMENT e WHEREAS, the City of Muskego has been leasing from Wauer Fur
Foods, Inc. an area of land owned by them for the purpose
of operating a police shooting range, and
WHEREAS, the Finance Committee has recommended approval of the
lease for a term of one (1) year,
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Finance Committee,
does hereby approve of a lease agreement between Wauer Fur
Foods, Inc. and the City of Muskego for a one (1) year period.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the lease agreement in the name of the City.
DATED THIS 3 2 DAY OF 9 1979.
FINANCE COMMITTEE
Ald. Ronald J. Ford
&k??+ Ald. Ralph R. Tomcz9
ATTEST:
D 5/79
LEASE
This agreement is made between WAUER'S FLTR.FOODS, INC.,
hereinafter called lessors and the CITY OF MUSKEGO, Wisconsin,
leesee.
The lessors hereby agree to lease to and the City agrees
to lease from the lessors the following described real estate:
AI1 that part of the Northwest Quarter (NW 1/41
of Section 18, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wiscons'n, bounded
and described as follows:
Commencing at the northeast corner of said North-
west Quarter (NW 1/41 of Section 18; thence South
O"77' West along the east line of said Northwest
Quarter (NW 1/41, 1054.29 feet to the point of be-
ginning of lands herein to be described; thence
continuing South O"27' West along said east line
of the Northwest Quarter (NW l/4), 273.46 feet;
thence South 47"27' West, 500 feet; thence North
O"27' East, 273.46 feet; thence North 47"77' East,
500 feet to the point of beginning.
Term. This lease shall be for a term of one year __
from and after the lstday of March , 1979. The rental there-
for shall be in the sum'of $50 00 per year with payment to be
made on the 1st day of March, 1979
Purpose. The purpose of this lease is to allow the City
to use said premises for the construction, operation, maintenance
and supervision of a police shooting range for the City of Muskego,
together with such other uses as may be incidental to the operation
of a shooting range.
Improvements. The City shall be solely responsible for
the construction of said range. The City may remove, level and
rearrange such earth or other materials including trees, shrubberies,
I
' "0
F
etc. as may be necessary to construct bunkers, targets, target
pits; shelters, buildings or other structures as in its sole dis-
cretion is necessary and convenient for the efficient operation
of the range, provided that the City shall not erect any build-
ings of a permanent nature on the premises w
consent of the lessors, and provided further
fixtures or stkctures erected thereon shall
ithout the express
, that all permanent
rema in
of the City. In the event it becomes nececsary that
amounts of material be removed from the site, or rep
the property
substantial
laced on the
site, the lessee shall have the option of removing the same, or
designating the replacing of the same, on the site, provided the
scme does not interfere with the proposed use by the city.
Maintenance and operation. The City shall be solely
responsible for the maintenance of the premises and the range
and the operation thereof. The City shal I take such measures as
may be necessary to insure the safety of all persons using the
range, or who may be on the prsmises with the consent of the
City, and shall enact rules and regulations pertaining to the
use and operation of the range. The City shall be solely respon-
sible for the supervision of the range at all times. In addition
to other rules and regulations which it may enact, the City shall
I.
post in conspicuous areas on the range, signs which shall not
users and persons on the range regarding rules for the operat
and use thereof. The Citytmay at its discretion fence in so
i fy
I on
much of the range as it may deem advisable, but in no event shal I
it interfere with the use of the roodway along the west boundary o
the range by the lessor, its agents or employees.
Liability of Lessor. The lessor shall not be liable
to the City, its agents, employees, servants, customers, visitors
I- >
e .'
3r guests for any injuries or for injuries r-sulting in death
occurring on o'r about the leased premises and the lessee agrees
to hold I-ssor harmless from any and all such claims. Tha Issse?
shall carry a policy of public liability insurancs covering the
premises leased, which shalI be maintained during the term of
this leass, and any renewals or Sxtensions thereof, in a minimum
amount of One Hundrsd Th3usand (3l00,OOO.UOj Dollars.
0
a Renewal. This leas? may be renewed at the expiration
of the term hereof at the option of the City for a period of
natify lessor of its intention ta rznew the leas? within nicety
(90) days of the lxpirstion date hereof, but time shall not be
of the essence with respect to said noEics.
.. Termination. The City agrees that at thz termination
of this Izase or any renewal thereof, upon sixty (60) day norice
if said property is sold, It will promptly surrender the premises
to the I-ssor and will have removed therefr,m all of its property
and range equipment placed thereon, constructed, and maintained
by the City in the operation of said range. The City shall not
be required, however, to replace any earth or trees, shrubberies
or other material .which-.it.>may have removed during the term of -,
th is-.lease nor sha1.I it 'be required to remove any .concrete pits
or abutments or other items which it may have constructed. In the
event the City may desir.5 to sel'l' any-bCi.ldings or structures on
the premises at the expiration of-this-lsase, ths City and the
lessor will nsgotiate for the sale thereof to the lessor.
-. ..
m I.
Dated this day of - , 1968.
In Presence of: WAVER'S FUR FOODS, INC.
- " - - "
by: __. - Pres idznt
- - Secretary
I, t/ I
'I' 'a
STATE OF WISCONSIN)
WAUKESHA COUNTY 1
Personally
5s.
came before me. this
, President, and 1979
Secretary of the above named Corporation, to me known to be the
day of
persons who executed the foregoing instrument, and to me known to
be such President and Secretary of said corporation, and acknow-
ledged that they executed the foregoing instrument as such officers
as the deed of said corporation, by its authority.
Notary Public, Waukesha County, I
My commission exp.
PURSUANT TO A RESOLUTION of the Common Council of the
City of Muskego, passed and approved the day of
1979. this lease is hereby executed.
In Presence of: pyyg -
/ /Mayor-
STATE OF WISCONSIN)
WAUKESHA COUNTY ) 1 ss
l
Personally came before me, this day of
1979, Jerome J. Gottfried, Mayor and Bette J. Bowyer, City Clerk,
of the City of Muskego, a municipal corporation, to me known to be
the persons who executed the foregoing instrument and to me known
to be the Mayor and City Clerk of said City of Muskego, and
acknowledged that they executed the foregoing instrument as such
officers as the deed of said City, by its authority
i:
I
Notary Public, Waukesha County
My commission exp.