CCR19862244 CORRECTED
RESOLUTION #224-86
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 Committee has recommended approval of the
lease for a term of one (1) year.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Committee, does hereby approve a lease agreement between Carl
City of Muskego, upon the recommendation of the Finance
Wauer and the City of Muskego for a one (1) year period from
August 1, 1986 through July 31, 1987 with a rental fee of $1.00.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
bv the Citv Attornev.
execute the lease agreement in the name of the City, after review
FINANCE COMMITTEE
Ald. L@@A Edwin P. Dumke
Ald. JKBchelWPeânovich
City Clerk
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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:
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 1/4), 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
47" 27' West, 500 feet; 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, 1986. The rental therefore shall be in
the sum of $1.00 per year with payment to be made on the 1st day
of September, 1986.
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,
operation of a shooting range.
together with such other uses as may be incidental to the
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 lessors, and provided further,
that all permanent fixtures or structures erected thereon shall
necessary that substantial amounts of material be removed from
remain the property of the City. In the event it becomes
option of removing the same, or designating the placing of the
the site, or replaced on the site, the Lessor shall have the
proposed use by the City.
same, on the site, provided the same does not interfere with the
.
Carl Wauer/City of Muskego Shooting Range Lease Agreement
Page 2
MAINTENANCE AND OPERATION The City shall be solely responsible
for the maintenance of the Dremises and the range and the
necessary to insure the safety of all persons using, or in
operation thereof. The City shall take such measures as may be
proximity to, the range, or who may be on the premises with the
consent of the City, and shall enact rules and regulations
be solely responsible for the supervision of the range at all
pertaining to the use and operation of the range. The City shall
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
advisable, but in no event shall it interfere with the use of the
discretion fence in so much of the range as it may deem
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, guests or
not by way of limitation, loss of life or damage to property by
to any other person who may be damaged or injured including, but
reason of or arising by, through or out of the City's right to
use and improve the premises as herein provided. The City shall
hold harmless and indemnify 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
Lessor as additional insured, in the minimum amount of One
liability insurance covering the leased premises and naming the
Million Dollars ($1,000,000).
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.
0
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, Lessor shall have
the first right and option to purchase such buildings or
structures. Any improvements to buildings or structures
" I . Carl WauerICity of Muskego Shooting Range Lease Agreement
Page 3
terminatin of this lease shall be deemed abandoned and shall
remaining on the premises 30 days after expiration or other
become property of Lessor.
LESSOR'S RIGHT OF ENTRY Lessor reserves the right, exercisable
at any time during the term hereof or anv extensions thereof uDon
notice to the City to enter upon the premises for the purpose bf
testing, monitoring soils and water and constructing any
establish or preserve the environmental integrity of the adjacent
improvements which may be or become necessary to protect,
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 DAY OF , 1986.
BY Carl Wauer
STATE OF WISCONSIN
WAUKESHA COUNTY
Personally came before me this day of , 1986,
to me known and acknowledging that he is
the owner of said property.
Notary Public, Waukesha County
My comm. exp.
PURSUANT TO A RESOLUTION of the Common Council of the City of
Muskego, passed and approved the day of , 1986,
this lease is hereby executed.
BY Wayne G. Salentine, Mayor
BY Charlotte L. Stewart, City Clerk
STATE OF WISCONSIN )
WAUKESHA COUNTY 1
1986,
me known to be the persons who executed the foregoing instrument
to
on behalf of the City of Muskego.
Personally came before me this day of
and
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Notary Public, Waukesha County
My Comm. exp.