CCR1985177RESOLUTION #177-85
APPROVING LEASE BETWEEN WASTE MANAGEMENT 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 him for the purpose of operating a police
shooting range, and
WHEREAS, this land has now been sold to Waste Management, Inc.
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 Waste Management,
Inc. and the City of Muskego for a one (1) year period from
August 1, 1985 through July 31, 1986 with a rental fee of $1.00.
BE IT FURTHER RESOLVED that the Mavor and Clerk are authorized to
execute the lease agreement in thgname of the City, after review
by the City Attorney. 0
DATED THIS L3C$-l DAY OF , 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dude
Ald, Mitchel Penovich
&&d"
Ald. Ralph Tomczfik
ATTEST:
City Clerk
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LEASE
This agreement is made between Waste Management, Inc.,
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 Northwest Quarter
(NW 1/4) of Section 18; thence South 0 27' West along the
east line of said Northwest Quarter (NW 1/41, 1054.29 feet
to the point of beginning of land herein to be described;
thence continuing South Oo 27' West along said east line ofo
the Northwest Quarter (NW1/4), 273;46 feet; thence South 47
27' West, 500 fzet; thence North 0 27' East, 273.46 feet;
thence North 47 27' 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, 1985. The rental therefore shall be in
the sum of $1.00 per year with payment to be made on the 1st day
of September, 1985.
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
in its sole discretion is necessary and convenient for the
efficient operation of the range, provided that the City shall
without the express consent of the lessors, and provided further,
not erect any buildings of a permanent nature on the premises
remain the property of the City. In the event it becomes
that all permanent fixtures or structures erected thereon shall
the site, or replaced on the sitse, the lessee shall have the
necessary that substantial amounts of material be removed from
option of removing the same, or designating the replacing of the
proposed use by the City.
same, on the site, provided the same does not interfere with the
0 Waste ManagementICity of Muskego Shooting Range Page 2
MAINTENANCE AND OPERATION The City shall be solely responsible
for the maintenance of the aremises 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 responsible 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 of
the range by the lessor, its agents or employees.
LIABILITY OF LESSOR The lessor shall not be liable to the City,
its agents, employees, servants, customers, visitors or guests
for any injuries or for injuries resulting in death occurring on
harmless from any and all such claims. The lessee shall carry a
or about the leased premises and the lessee agrees to hold lessor
policy of public liability insurance covering the premises
leased, which shall be maintained during the term of this lease,
Five Hundred Thousand ($500,000.00) 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.
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
abutments or other items which it may have constructed. In the
lease nor shall it be required to remove any concrete pits or
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.
and any renewals or extensions thereof,in a minimum amount of
0 Waste Management/City of Muskego Shooting Range Page 3
DATED THIS DAY OF , 1985.
BY Waste Management, Inc.
STATE OF WISCONSIN 1
WAUKESHA COUNTY )
Personally came before me this day of 1985,
to me knownxacknowledging that ;e is
the owner of said property.
Notary Public, Waukesha County
My coma. exp.
PURSUANT TO A RESOLUTION of the Common Council of the City of
Muskego, passed and approved the day of Y 1985,
this lease is hereby executed.
R" -J Wayne G. Salentine, Mayor
BY Charlotte L. Stewart, City Clerk
STATE OF WISCONSIN 1
WAUKESHA COUNTY )
1985, to
me known to be the persons who executed the foregoing instrument
on behalf of the City of Muskego.
Personally came before me this day of ,
anr
~
My Comm. exp .
8/85
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