CCR1986011RESOLUTION 1/11-86
APPROVAL OF LEASE AGREEMENT BETWEEN CITY OF MUSKEG0
AND CARL WAUER (SHOOTING RANGE)
WHEREAS, the Common Council adopted Resolution 11177-85 on
8/13/85, approving a lease between Waste Management and the
City for a shooting range, and
WHEREAS, it has been determined that the shooting range is
located on land still owned by Carl Wauer, and
WHEREAS, Carl Wauer has recommended certain terminology changes
including the "Liability of Lessor'' section, which would
increase the liability insurance from $500,000 to $1,000,000
and the addition of the section entitled "Lessor's Right of
Entry", and
WHEREAS, the Finance Committee has recommended approval of the
lease for a term of one year begininng August 1, 1985.
NOW, 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, 1985 through July 31, 1986 with a rental fee of
$1 .oo.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
review by the City Attorney.
to execute the lease agreement in the name of the City, after
FINANCE COMMITTEE
r /
LEASE
This agreement is made between CARL WAUER, (Lessor). and CITY
OF MUSKEGO, WISCONSIN, (CITY).
The Lessor hereby agrees 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:
Quarter (NW 1/4) of Section 18; thence South Oo 27'
Commencing at the northeast corner of said Northwest
West along the east line of said Northwest Quarter (NW
1/4), 1054.29 feet to the point of beginning of land
herein to be described; thence continuing South 0' 27'
West along said east line of the Northwest Quarter (NW
1/4), 273.46 feet; thence South 47O 27' West, 500 feet;
thence North 0' 27' East, 273.46 feet; thence North 47O
27' East, 500 feet to the point of the beginning.
TERM. This lease shall be for a term of one year from and
shall be in the sum of $1.00 per year with payment to be
after the 1st day of August, 1985. The rental therefore
made on the 1st day of September, 1985.
PURPOSE. The purpose of this lease is to allow the City to
maintenance and supervision of a police shooting range for
use said premises for the construction, operation,
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
shrubberies, etc., as may be necessary to construct bunkers,
rearrange such earth or other materials including trees,
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 not erect any buildings of a permanent nature on the
premises without the express consent of the Lessor, and
provided further, that all permanent fixtures or structures
erected thereon shall remain the property of the City. In
material be removed from the site, or placed on the site, the
the event it becomes necessary that substantial amounts of
Lessor shall have the option of removing the same, or desig-
nating the placing of the same, on the site, provided the
same does not interfere with the proposed use by the City.
MAINTENANCE AND OPERATION. The City shall be solely respon-
sible for the maintenance of the Dremises and the range and
may be necessary to insure the safety of all persons using,
the operation thereof. The City s-hall take such measures as
or i.;&roximity te, 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
guests or to any other person who may be damaged or injured
City, its agents, employees, servants, customers, visitors,
damage to property by reason of or arising by, through or
including, but not by way of limitation, loss of life or
herein provided. The City shall hold harmless and indemnify
out of the City's right to use and improve the premises as
Lessor from any such costs, claims, damages, expenses and
liabilities and shall further maintain in force at all times
during the terms hereof, a policy of public liability insur-
ance covering the leased premises and naming the Lessor as
Dollars ($l,ooo,ooo). additional insured, in the minimum amount of One Million
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 a 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
the event the City may desire to sell any buildings or
abutments or other items which it may have constructed. In
structures on the premises at the expiration of this lease,
Lessor shall have the first right and option to purchase
such buildings or structures. Any improvements to buildings
or structures remalning on the premises 30 days after
deemed abandoned and shall become property of Lessor.
expiration or other termination of this lease shall be
LESSOR‘S RIGHT OF ENTRY. Lessor reserves the right.
exercisable at any time during the term hereof or any
extensions thereof upon notice to the City to enter upon the
premises for the purpose of testing, monitoring soils and
water and constructing any improvements which may be or
become necessary to protect, establish or preserve the
environmental integrity of the adjacent waste disposal
sites. The rights reserved in this paragraph are understood
and agreed to be paramount and superior to any rights of
City including the City‘s right of quiet enjoyment and
possession hereunder or the continuation of the leasehold.
DATED THIS 1 DAY OF -, 19a6.
STATE OF WISCONSIN ) WAUKESHA COUNTY )
Personally came before me this x day of .
1986, (’F@c” /;~p,L/f to me known and
acknowledging that he is the owner os said property.
/.
PURSUANT TO A RESOLUTION of the Common Council Of the City
of Muskego, passed and approved the
1985, this lease is hereby executed.
day of
BY Wayne G. Salentine, Mayor
BY Charlottte L. Stewart,
City Clerk
WAUKESHA COUNTY
STATE OF WISCONSIN )
)
Personally came before me this day of
1985, and
to me known to be the persons who executed the foreaoina
instrument on behalf of the City of Muskego. - a
Notary Public, Waukesha County
My Commission Expires