CCR1992294COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #294-92
BETWEEN WASTE MANAGEMENT AND THE CITY OF MUSKEG0
APPROVAL OF EXTENSION OF LEASE AGREEMENT
FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT
WHEREAS, Resolution #212-88 approved the lease of Waste
Management property to the City of Muskego for the purpose of
operating a police shooting range, and Resolutions #190-89,
#173-90, and #187-91 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, 1993.
DATED THIS 24TH DAY OF NOVEMBER , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #294-92 which was adopted by the Common Council of
the City of Muskego.
11/921h
LEASE
WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City).
This agreement is made between WASTE MANAGEMENT OF
The Lessor hereby agrees to lease to and the City agrees
to lease from the Lessor the following described real
estate:
(See Zxhibit A attached nereto)
m. This lease shall be for a term of one year from
and after the 1st day of August 1988. The rental therefore
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
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 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
Lessor, and provided further that all permanent fixtures or
City.
structures erected thereon shall remain the property of the
thc -..- pAG.,.Lss ------ ;.ithicut thz express written consent of the
TERMINATION. In the event that the Lessor deternines
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
shall not require the Lessor to purchase or lease replacement
suitable replacement property; however, good-faith efforts
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 the time of such
termination.
MAINTENANCE AND OPEUTION. 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 thc safety of all persons
using, or in proximity to, 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
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 tha ramaicder
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 +rising by,
through or out of the City's right to use and improve the
premises as herein provided. The City shall hold harmless
and indemify 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
the Lessor as additional insured, in the minimun amount of
liability insurance covering the leased premises and naming
One Million Dollars ($1,000.000).
RENEWAL. The Lessee may renew this lease at the
expiration of the term hereof for a one-year extension, upon
the same terms and conditions. The City will notify Lessor,
in writing, of its intention to renew the lease ninety (90)
days prior to the expiration date hereof, but time shall not
be of the essence with respect to said notice. Similarly,
additional one-year extensions, using the foregoing
the Lessee rr.2~ f-rtker rent:: this lease fzr up to four (4)
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
landfilling activities, it will promptly surrender the
premises to the Lessor and will have removed therefrom all of
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
removed during the term of this lease, nor shall it be 0 required to remove any concrete pits or abutments or other
items which it may have constructed. In the event the City
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PURSUANT TO A RESOLUTION Of the Common Council Of the
City of Muskego, passed and approved the 27th day of
Seuternber , 1988, this lease is hereby executed.
By: ck/,, LA v/ JA-25 Way,rte G. Salentine, Mayor
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before
ted the foregoing instrument on behalf of the City of
19aa;) the above-named bLYm r. hd7 , to de known to be the persons who
A
Nccary Public, Waukesha pounty, WI
MY Commission is/expires: /O-S-~?
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