CCR1989190COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #190-89
APPROVAL OF EXTENSION OF LEASE BETWEEN WASTE MANAGEMENT
AND THE CITY OF MUSKEGO FOK A SHOOTING RANGE
FOR THE POLICE DEPARTMENT
WHEREAS, Resolution 11212-88 approved the lease of Waste
Management property to the City of Muskego for the purpose of
operating a police shooting range, and
WHEREAS, under the terms of said lease the City may renew the
lease for the term of one year, and
WHEREAS, the Finance committee has recommended approval of the
extension.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the extension of the lease
attached for a period of one year to expire August 1, 1990.
agreement between Waste Management and the City of Muskego as
DATED THIS 25th DAY OF July , 1989.
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FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
Ald. Harold L. Sanders
ATTEST :
City Clerk
7/89
jz
LEASE
WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City)<-
This agreement is made between WASTE MANAGEMENT OF
to lease from the Lessor the following described real
The Lessor hereby agrees to lease to and the City agrees
estate:
(See Exhibit A attached hereto)
and after the 1st day of August 1988. The rental therefore
TERM. This lease. shall be for a term of one year from
shall be in the sum of $1.00, with payment to be made on the
1st day of August 1988.
PURPOSE. The purpose of this lease is to allow the City
maintenance and supervision of a police shooting range for
to 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 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, it deems 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 prmises without the express written consent of the
Lessor, and provided further that all permanent fixtures or
structures erected thereon shall remain the property of the
City.
TERMINATION. In the event that the Lessor determines
that the premises are, in the Lessor’s business judgment,
required for its landfilling activities, the Lessor may
terminate this lease and require City to surrender the
premises as provided for herein.
reasonable good-faith effort to find and offer to the City
Lessor shall make a
suitable replacement property; however, good-faith efforts
shall not require the Lessor to purchase or lease replacement
property, it being the intent of the parties that the Lessor
would attempt to provide such replacement property from
property Lessor already owns or leases at me time of such
termination.
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MAINTENANCE AND OPERATION. The City shall be solely
responsible for the maintenance of the premises and the range
and the operation thereof. The City shall take all measures
as may be necessary to insure the safety of all persons
premises with the consent of the City, and shall enact rules
using, or in proximity to, the range or who may be on the
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
signs, in conspicuous areas on the range, 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 remainder
of Lessor's property by the Lessor, its agents or employees.
LIABILITY OR LESSOR. The Lessor shall not be liable to
the City, its agents, employees, servants, customers,
visitors, guests or to any other person who may be damaged or
injured, including, but not by way of limitation, loss of
life or damage to property by 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
liability insurance covering the leased premises and naming
the Lessor as additional insured, in the minimum amount of
One Million Dollars ($1,000.000).
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RENEWAL.
expiration of the term hereof for a one-year extension, upon
The Lessee may renew this lease at the
the same terms and conditions. The City will notify Lessor,
in writing, of its intention to renew the lease ninety (90)
be of the essence with respect to said notice. Similarly,
days prior to the expiration date hereof, but time shall not
the Lessee may further renew this lease for up to four (4)
additional one-year extensions, using the foregoing
procedure.
REMOVAL OF IMPROVEMENTS; RESTORATION. The City agrees
that at the expiration of the term of this lease or any
renewal thereof, or upon sixty (60) days written notice that
Lessor determines that it needs the leased premises for its
premises to the Lessor and will have removed therefrom all of
landfilling activities, it will promptly surrender the
its property and range equipment placed thereon, constructed
The City shall not be required, however, to replace any earth
and maintained by the City in the operation of said range.
or trees, shrubberies or other material which it may have
required to remove any concrete pits or abutments or other
removed during the term of this lease, nor shall it be
items which it may have constructed. In the event the City a
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may desire to sell any buildings or structures on the
premises at the expiration of this lease, Lessor shall have
the right and option to purchase such buildings or struc-
on the premises thirty (30) days after expiration or other
tures. Any improvements to buildings or structures remaining
termination of this lease shall be deemed abandoned-and shall
become property of Lessor.
LESSOR'S RIGHT OF ENTRY. Lessor reserves the right,
exercisable at any time during the term hereof or any
extensions thereof and 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
continue or expand its landfilling activities. The rights
environmental integrity of the adjacent landfill or to
paramount and superior to any rights of City, including the
reserved in this paragraph are understood and agreed to be
the continuation of the leasehold.
City's right of quiet enjoyment and possession hereunder or
DATED this \5 day of , 1988.
WASTE MANAGEMENT OF WISCONSIN, INC.
BY :
STATE OF WISCONSIN )
COUNTY OF WAUKESHA ) ) ss.
Personally came before me this /5 day of (?tnfi& ,
1988, the above-named
know]. 20 be the person who executed the foregoing instrument
, to me
and acknowledging that he is an employee of the owner of said
- t Vfd fJ O'TL'CLl5
property.
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a PURSUANT TO A RESOLUTION of the Common Council of the
City of Muskeqo, passed and approved the 27th day of
Sevtember , 1988, this lease is hereby executed.
"
By :
Way$e G. Salentine, Mayor
By :
" City Clerk
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STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
I Personally came before
the above-named and
d the foreq*strument on behalf of the City of M khfl , to de known to be the persons who
n
Notary Public, Waukesha Bounty, WI MY Commission is/expires: /o-~o-fP
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EXHIBIT A
Description of shooting range area to be used by the City of
Muskego.
A parcel of land located in the NW 1/4 of the ?X 1/4 of Section
18. T5N. R20E City of Muskego. Waukesha County, Wisconsin,
described as follows: Conmencing at the North 1/4 corner of said
Section 18; thence Sl0 06' 54"E along the west line of said NE
1/4. 183.88 feet; thence S83' 30' 40" E. 239 62 feet to the place
of beginning: thence continue S83' 30' 40" E. 120.00 feet; thence
S6O 29' 20" W. 170 00 feet; thence N83' 30' 40" W. 120 00 feet;
thence N6O 29' 30'' E. 170 00 feet to the place of beginning
containing 0,47 Acres of land.
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hisconsin Land Surveyor No 1331
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