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CCR1990173COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #173-90 APPROVAL OF EXTENSION OF LEASE BETWEEN WASTE MANAGEMENT AND THE CITY OF MUSKEG0 FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT WHEREAS, Resolution 8212-88 approved the lease of Waste Management property to the City of Muskego for the purpose of operating a police shooting range, and Resolution #190-89 approved a one year extension, and WHEREAS, under the terms of said lease the City may renew the lease for up to four additional one-year extensions, and WHEREAS, the Finance Committee has recommended approval of a one-year 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 agreement between Waste Management and the City of Muskego as attached for a period of one year to expire August 1, 1991. DATED THIS 24th DAY OF July , 1990. FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders ATTEST : City Clerk LEASE > This agreement is made between WASTE MANAGEMENT OF WISCONSIN, INC. (Lessor) and CITY OF NUSKEGO (City). The Lessor hereby agrees to lease to and the City agrees to lease from the Lessor the following described real estate: (See Zxilibit A attached. heretoj and after the 1st day of August 1988. The rental therefore TET(M. This lease shall be for a term of one year from shall be in the sun of $1.00, with payment to be made on the 1st day of August 1988. PURPOSZ. The purpose of this lease is to allok! the City to use said pre-ises for the construction, operation, maintenance and sc?ervision of a police shoozing range for the City of Mcskego, toge-cher with such other uses as may be incidental to the c?eration of a shooting range. IMPWVEYENTS. The City shall be responsible for the construciion of said range. The City may remove, level and rearrange such ez.==h 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 Lessor, and provided further that all permanent fixtures or nAcrluac tils express vrit.ten consent of the structures erected thereon shall remain the property of the City. thE i;z2r,i32s ..-.A-L-..L. LL- TERMINATION. In the event that the Less3r 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. Lessor shall make a reasonable good-faith effort to find and offer to the City suitable replacement property; however, good-faith efforts shall not require the Lessor to purchase or lease re?lacenent property, it being the intznt of the parties that the Lessor would attenpt to pravide such replacement property from property Lessor already owns or leases at th.e tine of such termination. MAINTEN>.NCE 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 using, or in proxinity to, the range or who mzy be on the as may be necessary to ins,xe thc safety of all persons 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 signs, in conspicusus areas on the range, which shall notify users and persons on the range regarding rsles 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 of Lessor's property by the Lessor, its agents or employees. in no event shall it intsrfere with the use of the rsmaiEder LIABILITY 03 LZSSOR. 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 through or ou: of the City's right to use and improve the life or da4zge to pro3erty by reason of or arising by, premises as hsrein provided. The City shall hold harmless and indemnify Lesssr frcn any such costs, claims, dzmages, expenses and liabilities and shall further mzintain in force at all times during the terms hersof, a policy of public liability insurance covering the lezsed premises and naming the Lessor zs a6ditional insured, in the miiiimun mount of One Million Dollars ($1,000.000). RENEbiP.L. The Lessee may renew this lezse zt the expiration of the term hereof for a one-year extension, upon the same terns and conditions. The City will notify Lessor, in writing, of its intention to renew the lezse ninety (90) be of the essance with respect to said notice. Similarly, days prior to the expiration date hereof, but time shall not the Lessen ~.zy fsrtker rensx this lzasa fzr u? to four (4) procedure. additional one-year extensions, using the foregoing REMOV>.L OF ITGTOVEYEXTS : RESTORA.TION. 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 deternines that it needs the leased premises for its landfilling activities, it will promptly surrender the premises to the Lessor and will have removed therefrom all of its property and rznge equipment placed thereon, constructed and naintained by the City in the operation of said range. The City shall noz be reqJired, however, to replace z.ny earth or trees, shrxbberies or other material which it may have removed during the term of this lease, nor shall it be required to renove any csncrete pits or abutments or other items which it nay have cmstructed. In th2 event the City -2- 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- tures. Any improvements to buildings or structures remaining on the premises thirty (30) days after expiration or other 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 environmental integrity of the adjacent landfill or to continue or expand its landfilling activities. The rights 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 .- ::*> day of ;>-:,I' / -,! -2 1- , 1988. WASTE MANAGEMENT OF WISCONSIN, INC. Personally came before me this 2 day of f '!.:7'.;?:-/c; .- , 1988, the above-named t>'L:\i,.,i IJ J' ' 7- !. : c* known to be the person who executed the foresoins instrument , to me and acknowledging that he is an employee of t6e owner of said property. -3- PURSUANT TO A RESOLUTION of the Common Council of the City Of Muskego, passed and approved the 27th day of Seutenber , 1988, this leasa is hereby execsted. STATE OF WISC3NSIN ) COUNTY OF W;.LKZSir3i ) 1 ss -4- W A Waste Management Company E,XHIBIT A ncscription of shooting range area to be used by the City of Musltc:o A parcel of land located in the XW 1/J of the NE 1/4 of Section 18. T5N. R20E City of Fluskego, Waukesha County, Wisconsin, described its follows Comntencing at clw North 1/1 corner of said Section 18; thence Sl0 OG' 54"E along the west line of said KE 1/4, 183 88 feet; thcnce S83' 30' 40" E. 239 62 feet to the place of beoinning: thence continue S83' 30' 40'' E, 120 00 feet; thence S6' 29' 20" K. 170 00 feet; thcncr NB3' 30' 40" W. 120.00 feet: thence N6' 29' 20" E. 170 00 feet to the place of beginning containing 0 47 Acres of land e ...