CCR1983229RESOLUTION # 229-83
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
from August 1, 1963 through July 31, 1984.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the lease agreement in the name of the City.
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DATED THIS 23 DAY OF n UGUS7- , 1983.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitch Penovich
CLL CdL Ald. Charles Colburn
ATTEST
City Clerk
LEASE
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 fi.om 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
CuIIlIlI~I1cill~ ut tile IIU~~IICUSL CoI'IICr 01' ~:~ld NoI'LII-
west Quarter (NW 1/4) of Section 18, thence South
Qunrrur (NW 1/4), 1054.29 feet Lo the point 01 be-
Oo 27'. West along the east line of said Northwest
ginning of lands herein to be described, thence
continuing South Oo 27' West along said east line
of the Northwest Quarter (NW 1/4), 273.46 feet,
thcnce 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 1st day of August , 1983. The rental
therefol'e shall be in the sum of $50 00 per year with payment
to be made on the lst day of September198 3.
- Pur~. 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,
egether with such other uses as may be incidental to the operation
of a shooting range
XJl'ovements. The City shall be solely responsible for
the construction of said range The City may remove, level and
YearranFe such earth 01' other 111aterials including trees, sllrubberies,
etc. as lllay be necessary to construct bullkers, targets, target
pits, shelters, buildings or other structures as in its sole dis-
crecion is necessary and convenient lor the efficient operation
tlw range, provided tllat the City shall not erect any builcli.ngs
of a permiinent nuture on the premises without the express
c onsent of the lessors, and provided further, that all permanent
fixtures or structures erected thereon shall remain the property
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&he 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 ol' removing the same. or
designating the replacing of the same, on the site, provided the
@,me 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 uy , 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
und use thercol. The City III;LY at its discretion Pence 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.
Liability of Lessor. The lessor shall not be liable to the
my, its agents, employees, servants, customers, visitors or
I 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
I amount of One Hundred Thousand ($100,000.00) Dollars. e Renewal. This lease may be renewed at the expiration
of the term hereof at the option of the City for a period of
a e (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 expiratior
of this lease, the City and the lessor will negotiate for the sale
thereof to the lessor.
Dated this /~ day of
BY Carl Wauer
STATE OF WISCONSIN
VAUKESHA COUNTY ) ) ss
Perso ally came before me this IM day of *f 1983, &d
instrument and acknowledging that he is the owner of said property. t )&LJA to me known to be the person who ex cu ed the fore oing
A2 klALL LL ary Public, lfbukesha County ~i; CO& exp. /o la I 8;~
PURSUANT TO A RESOLUTION of the Common Coun .
Muskego, passed and approved the ABeqday , 1983, this
lease is hereby executed.
BY
STATE OF WISCONSIN )
WAUKESHA COUNTY 0