CCR1984151RESOLUTION #151-84
THE CITY OF MUSKEG0 FOR A SHOOTING RANGE
APPROVING LEASE BETWEEN CARL WAUER AND
FOR THE POLICE DEPARTMENT
WHEREAS, the City of Muskego has been leasing from Carl Wauer, an
area of land owned by him for the purpose of operating a police
shooting range, and
WHEREAS, the Finance Commitee 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, 1984
through July 31, 1985 with a rental fee of $50.00.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the lease agreement in the name of the City.
FINMCE C~MITTEE
Ald. Edwin P. Dumke
Ald. ,!$itchel Pengvich
*d +3%
Ald. RBlph Tomczyk
ATTEST :
City Clerk
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LEASE
This agreement is made between Carl Wauer hereinafter called
lessors and the CITY OF MUSKEGO, Wisconsin, lessee.
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 1/4) of Section 18; thence South
0' 27' West along the east line of said Northwest
Quarter (NW 1/4), 1054.29 feet to the point of
beginning of lande herein to be described; thence
continuing South 0' 27' West along said east line
of the Northwest Quarter (NW 1/4), 273.46 feet;
Oo 27' East, 273.46 feet; thence North 47' 27' thence South 47' 27' West, 500 feet; thence North
East, 500 feet to the point of the beginning.
TERM This lease shall be for a term of one year from and after
theist day of August, 1984. The rentti1 therefore ehall be in
Lhe eum of $50.00 per year with payment to be made on the 1st day
of September, 1984.
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, etc., as may be necessary to construct bunkers,
targets, target pits, shelters, buildings or other structures as
efficient operation of the range, provided that the City shall
in its sole discretion is necessary and convenient for the
without the express consent of the lessors, and provided further,
not erect any buildings of a permanent nature on the premises
that all permanent fixtures or structures erected thereon shall
reroain the property of the City. In the event it becomes
neceosary that substantial amount8 of material be removed from
the site, or replaced on the site, the lessee shall have the
eame, on the site, provided the same does not interfere with the
option of removing the same, or designating the replacing of the
proposed use by the City.
MAINTENANCE AND OPERATION The City shall be solely responsible
for the malntenance of the premises and the range and the operation thereof. The City shall take such measures as may be
who may be on the premises with the consent of the City, and
necessary to insure the safety of all persons using the range, or
shall enact rules and regulations pertaining to the use and
operation of the range. The City shall be solely responsible for
the supervieion 04 the ranga at ali times. In addition to other
rules and regulations which it may enact, the City shall poet in
conspicuous areas on the range, signs which shall notify users
rlnd peroons on the range regarding rule0 for the operatlon und
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
'Ynterfere with the use of the roadway along the west boundary the
rhge by the lessor, its agents or employees.
\
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LIABILITY OF LESSOR The lessor shall .not be liable to the City,
its aaents. emDlovees. servants. customers, visitors or guests
0
~ ~Y for any injuries or for injuries resulting- in death occurring on
or about the leaeed premiees 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.
mat the option of the City for R period of five (5) years
RENEWAL This lease may be renewed at the expiration of the term
upon the same terms and conditions. The City will notify lessor
of itu intention to renew the leaoe within ninety (90) days of
the expiration date hereof, but time shall not be oP the essence
with respect to said notice.
TERMINATION The City agrees that at the termination of this
property is sold, it will promptly surrender the premises to the
lease or any renewal thereof, upon sixty (60) day notice if said
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.
DATED THIS day of 1984 -
BY Carl Wauer
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this day of
1984, to me known to be the person who executed the foregoing instrument and acknowledging that he
is the owner of said property.
motary Public, Waukesha County
My comm. exp.
PURSUANT TO A RESOLUTION of the Common Council of the City of
Muskego, p-ssed and approved the day of , 1984,
this lease is hereby executed.
BY
BY
Wayne G. Salentine, Mayor
Charlotte L. Stewart,City Clerk
- - .. "~ - -~- - - STATE OF f1SFONSJ.N"- WAUKESHA COUNTY i - - -
~ -, -
Personally came before.me this day of
1 984 , and
me known to be the persons who executed the foregoing instrument
on behalf of the City of Muskego
9 to
My Comm. exp.
Notary Public, Waukesha Countf
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