CCR1981102RESOLUTION #102-81
APPROVING LEASE BETWEEN CARL WAUER AND THE CITY
OF MUSKEG0 FOR A SHOOTING RANGE FOR THE POLICE
DEPARTMENT
WHEREAS, the City of Muskego has been leasing from Carl Wauer,
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 Carl Wauer
and the City of Muskego for a one (1) year period.
BE IT FUXTHER RESOLVED that the Mayor and Clerk are authorized
to execute the lease agreement in the name of the City.
FINANCE COMMITTEE
Ald. Edwin Dumke
Ald.fiayne Xadtke
ATTEST
This agreement is made between Carl Wauer 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.
All that part of the Northwest Quarter (NW 1/4)
of Section 18, Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin, bounded
and described as follows.
Commencing at the northeast corner of said North-
west Quarter (NW 114) of Section 18; thence South
00 27" West along the east line of said Northwest
Quarter (NW 1/4), 1054.29 feet to the point of be-
ginning of lands herein to be described, thence
of the Northwest Quarter (NW 1/4), 273.46 feet,
continuing South Oo 27' West along said east line
thence South 47'27' West, 500 feet, thence North
0'27' East, 273.46 feet, thence North 47O27' East,
500 feet to the point of beginning.
Term. This lease shall be for a term of one year
from and after the day of , 1981. The rental
therefore shall be in the sum of $50.00 per year with payment
to be made on the day of , 1981.
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
together with such other uses as may
of a shooting range.
Improvements. The City shall be
the construction of said range The
range for the City of Muskego,
be incidental to the operation
solely responsible for
City may remove, level and
rearrange such earth or other materials including trees, shrubberies,
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 buildings
of a permanent nature on the premises without the express
consent of the lessors, and provided further, that all permanent
fixtures or structures erected thereon shall remain the property
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of the City. In the event it becomes necessary that substantial
amounts of material be removed from the site, or replaced on the
site, the lessee shall have the option of removing the same, or a designating the replacing of the same, on the site, provided the
same 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 shall take such measures as
may be necessary to insure the safety of all persons using the
range, or who may be on the premises 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
post in conspicuous areas on the range, signs which shall notify
users and persons on the range regarding rules for the operation
and use thereof. The City may at its discretion fence in so
much of the range as it may deem advisable, but in no event shall
it interfere with the use of the roadway along the west boundary
the range by the lessor, its agents or employees.
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Liability of Lessor. The lessor shall not be liable to the
City, its agents, employees, servants, customers, visitors or
0 guests for any injuries or for injuries resulting in death
occurring on or about the leased premises and the lessee agrees
to hold lessor harmless from any and all such claims. The lessee
shall carry a policy of public liability insurance covering the
premises leased, which shall be maintained during the term of
this lease, and any renewals or extensions thereof, in a minimum
amount of One Hundred Thousand ($100,000.00) Dollars.
Renewal. This lease may be renewed at the expiration
of the term hereof at the option of the City for a period of
five (5) years upon the same terms and conditions. The City will
notify lessor of its intention to renew the lease within ninety
(90) days of the expiration date hereof, but time shall not be
of the essence with respect to said notice.
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Termination. The City agrees that at the termination of this lease
or any renewal thereof, upon sixty (60) day notice if said property
is sold, it will promptly surrender the premises to the lessor and
will have removed therefrom 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 this lease nor shall it be
required to remove any concrete pits or abutments or other items
which it may have constructed. In the event the City may desire
to sell any buildings or structures on the premises at the
expiration of this lease, the City and the lessor will negotiate
for the sale thereof to the lessor.
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Dated this day of , 1981.
BY Carl Wauer
STATE OF WISCONSIN ) ss WAUKESHA COUNTY ) .
- to llle.known to be the person-who executed the foregoing instrument and
Personally came before me this day of , 1981, Carl Wauer
amnowledging that .he is the owner of said property.
Notary Public, Waukesha County
My comm. exp.
PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego,
passed and approved the
is hereby executed.
day of , 1981, this lease
BY Mayor
City Clerk
STATE OF WISCONSIN )
WAUKESHA COUNTY )