CCR1983070RESOLUTION #70-83
APPROVAL OF LEASE AGREEMENT BETWEEN MUSKEGO-
NORWAY SCHOOL DISTRICT AND CITY OF MUSKEGO
(Mill Valley and Bay Lane)
WHEREAS, the Park and Recreation Board has recommended approval
of a lease arrangement between the City of Muskego and the
Muskego-Norway Joint School District for providing recreational
facilities for the city, and
WHEREAS, the property involved is the Mill Valley and Bay Lane
Schools,
THEREFORE, BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Park and Recreation
Board and the Finance Committee, does hereby authorize the
Clerk and Mayor to execute the lease in the name of the city.
BE IT FURTHER RESOLVED that this lease is hereby assigned to
the Park and Recreation Board for the purpose of managing
and controlling the property pursuant to the terms of the
lease.
0
DATED THIS /A-~L$ DAY OF \
.-( rAn , 1983.
FINANCE COMMITTEE
ATTEST:
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
City Clerk
e
LEASE AGREEMENT @
WHEREAS, the Muskego-Norway Joint School District #9
o2arates premises known as the Bay Lane and Mill Valley School
in the City of Muskego and has the authority to enter into leases
of said property for public purposes; and,
WtiEilEAS, the City of Muskego desires to lea said
propertiesfor the purpose of establishing thereon a recreational
drea for the use of the residents of the district.
e MEREFORE, in consideration of the covenants and agree-
ments herein contained, it Is hereby agreed as follows:
This Agreement is made between the Muskego-Norway Joint
School District #9, P.O. Box 48, Muskego, Wisconsin, hereinafter
called ''District", and the City of Muskego, a municipal corporation,
P.O. Address W182 S8200 Racine Avenue, Muskego, Wisconsln, beinafter
ca I I ed "City".
DESCRIPTION. _-
The property covered by this lease is that property
known as tho Bay Lane and Mill Valley School grounds. The property
i 9 more specifically described in and shown on Exhibits "A" and "a"
attached hereto and incorprated herein by reference.
.-
."
LENGTH OF TERM.
This le- shall commence on the day of I
15 -, and shall continue for a period of five (5) years to the
day of , 198 .
PURPOSES.
This land is leased by the District to the City for the
aurposcs of enabling the City to use the land for recreational
7uraoses primarily but not limited to the use of the property for
basebal I d
early FJI I
;)roperty rn
Ci~y or by
in the use
iamonds and for use in the late Spring and Summer 2nd
and for such other recreational purposes to which the
ight be attributable as may be deemed advisaale by the
tfe Park and Recreation 8oard of the City. Any conflict
of the area between the aistrict and the City sheii be
resolved at the sole discretion of the District.
I M?ROVEMENTS.
Any improvements to be made on the premises for
recreational purposes shall be made by and at the sole expense of
The City. Any substantial changes in grade or elevation or the
construction ui: any fixtures such 65 electric utility polcs, flGOd
lights, grandstands, bleachers, barbecue pits, etc., ;;.ust first
De aaproved by the District Board. Any and all improvements which
th i s are >laced upon the ?remises by the City dur
, lease or any renewal thereof shall uqon term
ing the term of
ina at ion of the 1 ease
0
become the property of thc Distr
*b.' I. ' Parking Lot - Mil I Val
ict.
ley: The parties agree that with
respect to proposed parking facilities at the Mill Valley site thut
the City will enter into consultations with the District Board with
res?ect thereto and shall attempt to negotiate an acceptable
agreement with the Board with respect to the joint development
6nd improvement of tho parking facilities at said site.
t?E?AIRS ASD MAINTENANCE. - Ihe City snall be responsible for the maintenance of
- 9 e ?remises and snall provide adequate containers for Iittaer,d
tr6sn and o:her necessary containers to prevent littering on the
?remises and shall maintain the premises in a clean condition at
611 tines. Zepairs and maintenance of any. improvements and of the
Grounds itself shall be the sole responsibility OF the City. AT
no time si1311 dny persons be able to use school bcjldings while
usins the scnool grounds for recreational purposes under this Lease
Tne City tnrough its Park and Recreation Board sndll
7mide and be responsible for adequate supervision OF tho dreo
at all timcs that it shall be used as a recredtional urea. Thc
CiZy throuqh its Part and Recreation Bodrd mayprescribe such
rules and resulations for the USQ and management of the are6 as
it may deem reasonable provided only that all persons living
within the boundaries of the Muskego-Norway Joint School District //9
shall be eligible to use the facilities and participate in any
planned programs sbject only to reasonable rules and regulations
with resgect thereto.
INSURANCE.
The City shell maintah sufficient insurance to grotect
both the District and the Ci;y from all claims for 2ersonal
injury including death whether under workmen's compensation I~G
Gr otherwise whi
,~;aimal amour,ts
for personal inj
City shall file
ch may arise from the use OF the premises. ne
of said insurance shall be $100,000 - 3300,OaO
ury or death and $50,000 property danage. The
with the District sufficent evidence of insurance
-.
coverage in accordance witn this paragaph.
This Lease may bc renewed by the City for tn additional
term of five (51 years upon / months notice ~iven in writing
oy :he city To the District and for a second renewal term of five (5)
years upon s similar writtcn notice being given.
CAXCELLATION.
In tnc event the City or the Recreational Department
snou;a decide to discontinue tne recreation activities at the
sites, this leaje shal; be automatically cancelled. Tie district,
wever, may not cancel this lease during the term ttereof, or
any renewal thereof wlthout the express consent of the City. , e It is understood between the parties that thls lease
may be assigned by the City to its Park and Recceation Board
:or the purposes of allowing the Park and Recreation Board of the
City to manage and control the property pursuant to the termof
th i s Lease.
Pursuant to a resolution of the Muskego-Norway Joint
School District #9, passed and approved on the ” day of
, 1980 this lease is hereby executed.
”
_, .. ” - ”
Pursuant to Resolution No. - passed and approved on
the day of . . . , . , 1980, by the Common CanciI
of the City of Muskego, this Le se is hereby executed. Cj
ASSIGNMENT OF LEASE..
This Leas0 is hereby assigned by the City of WuskCs; to
tha Park and Rucrcation Ooxd of the City for the purposes Of
Mwi ng said Board to manage and control the property uh ich is
the subject hereof pursuant to the terms of this Lee and subject
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c ._ -
City Clerk
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