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CCR1985048RESOLUTION 1/48-85 AUTHORIZING EXECUTION OF AGREEMENT BETWEEN INGERSOLL CABLE CORP. AND CITY OF MUSKEG0 (Lease of City-Owned Land) BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby hereto and made a part hereof, relating to the lease of city- authorize the Mayor and Clerk to execute the Agreement attached owned property in the "Old Muskego Settlement Park" for purposes of constructing a building by Ingersoll Cable Corporation to house head-in electronic equipment at a rental fee of $500.00 per year. R DATED THIS ]at& DAY OF- fij) ,p , 1985. I FINANCE COMMITTEE , Ald. Ralph TomczykL/ " ATTEST : City Clerk 3/85 jm AGREEMENT BETWEEN INGERSOLL CABLE CORPORATION AND CITY OF MUSKEG0 (As Amended) WHEREAS, pursuant to the Cable T.V. ordinance accepted by Ingersoll Cable Corporation, hereinafter referred to as "Ingersoll", Ingersoll is to place an earth station dish and a building to house head-in electronic equipment on certain 'city''. roperty owned by the City of Muskego, hereinafter referred to as NOW, THEREFORE, it is agreed as follows: Description of property where building and dish shall be located: See attached Exhibit "A". Description of building and dish: See attached Exhibit "B". Occupancy Date: March 1, 1985 Land Rent: $500.00 per year, payable in advance on the occupancy date and the same day of each followtng year. have such building and property located on the land owned by the 1. TERM: The City hereby grants to Ingersoll the right to City from the date of March 1, 1985 until fifteen (15) years from Ingersoll's Cable T.V. franchise, whichever comes first. That the date of granting of the franchise or the termination of Ingersoll's right to maintain such building and property shall always be at Ingersoll's expense and subject to all applicable governmental laws, ordinances, rules, etc. That said building and property shall be maintained at the sole expense of Ingersoll. The City and Ingersoll agree that if the Cable T.V. whichever comes first, Ingersoll shall leave the building on the franchise is terminated, or at the end of the leasehold period, site if requested to do so by the City at no cost to the City. 2. PAYMENT OF RENT: Checks for payment of rent shall be made out to the City of Muskego. 3. UTILITIES & TAXES: Ingersoll shall pay for water/sewer, gas (including gas heat) and electricity and any other utility and any taxes which are a result of the building, its contents, or the dish. 4. MAINTENANCE & REPAIR: Ingersoll shall make all necessary incidental repairs to the premises, and maintain the premises in good condition. Ingersoll shall make all repairs. Ingersoll shall maintain the exterior of the building and adjacent areas in good condition. -2- 5. INDEMNIFICATION: Ingersoll during the term hereof shall indemnify the City against all claims and demands, whether €or injuries to persons, loss of life, or damage to property occurring within the premises and arising out of the use and occupancy by Ingersoll, expecting, however, such claims and demands, whether for injuries to persons, loss of life, or damage to property caused by acts or omissions of Ingersoll. Nothing rights to protection under the public liability insurance policy contained in this section shall, however, detract from the City's to be paid for by Ingersoll as specified hereof. 6. INSURANCE: Ingersoll shall, at its expense, at all times during the term of this agreement maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers designated by the City, which will insure the City against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $500,000 for any one person killed or injured, $500,000 for any one accident, and $300,000 property damage. DATED THIS 12th DAY OF March , 1985. CITY OF MUSKEG0 INGERSOLL CABLE CORPORATION By : By : Wayne G. Salentine, Mayor President BY : By : Charlotte L. Stewart, Clerk Secretary CONSENT The Muskego Historical Society hereby consents to the above agreement, it being the position of the parties to said agreement that no such consent is necessary. By : President By : Secretary