CCR1993193COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #193-93
Approval of Lease between Waste Management of Wisconsin, Inc.
and City of Muskego for
Police Department Shooting Range
WHEREAS, the City of Muskego has been leasing an area of land
from Waste Management of Wisconsin, Inc. for the purpose of
operating a police shooting range; and
WHEREAS, the current lease executed in 1988 allowed the City to
renew the lease for up to four additional one-year extensions;
and
WHEREAS, the four additional one-year extensions have been
exercised and the lease expires on August 1, 1993; and
WHEREAS, the Finance Committee has recommended approval.
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 attached lease between Waste
Management of Wisconsin, Inc. and the City of Muskego for the
period of one year with four additional one-year extensions. 0 BE IT FURTHER RESOLVED that the Mayor and City Clerk are
City upon review and approval of the City attorney.
authorized to sign the necessary documents in the name of the
DATED THIS lOTH DAY OF AUGUST , 1993.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Durnke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #193-93 which was adopted by the Common Council of the
City of Muskego.
8/93jmb
LEASE
WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City).
This agreement is made between WASTE MANAGEMENT OF
lease from the Lessor the following described real estate:
The Lessor hereby agrees to lease to and the City agrees to
(See Exhibit A attached hereto)
after the 1st day of August, 1993. The rental therefore shall
be in the sum of $1.00, with payment to be made on the 1st day
of August, 1993.
TERM. This lease shall be for a term of one year from and
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
shall not erect any buildings of a permanent nature on the
for the efficient operation of the range, provided that the City
premises 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
herein. Lessor shall make a reasonable good-faith effort to
lease and require City to surrender the premises as provided for
find and offer to the City suitable replacement property:
purchase or lease replacement property, it being the intent of
however, good-faith efforts shall not require the Lessor to
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 OPERATION. The City shall be solely
responsible for the maintenance of the premises and the range
may be necessary to insure the safety of all persons using, or
in proximity to, the range or who may be on the premises with
pertaining to the use and operation of the range. The City
the consent of the City, and shall enact rules and regulations
shall be solely responsible for the supervision of the range at
may enact, the City shall post signs, in conspicuous areas on
all times. In addition to other rules and regulations which it
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, it agents
or employees.
and the operation thereof. The City shall take all measures as
LIABILITY OF LESSOR. The Lessor shall not be liable to the
City, its agents, employees, servants, customers, visitors,
guests or 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
a policy of public liability insurance covering the leased
further maintain in force at all times during the terms hereof,
mmlmum amount of One Million Dollars ($1,000,000).
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premises and naming the Lessor as additional insured, in the
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, the Lessee may further
renew this lease for up to four (4) additional one-year
extensions, using the foregoing procedures.
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REMOVAL OF IMPROVEMENTS; RESTORATION. The City agrees that
at the expiration of the term of this lease or anv 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 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
abutments or other items which it may have constructed. In the
event the City may desire to sell any buildings or structures on
the premises at the expiration of this lease, Lessor shall have
Any improvements to buildings or structures remaining on the
0 the right and option to purchase such buildings or structures.
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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 to expand its landfilling
activities. 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 , 1993.
B
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WASTE MANAGEMENT OF WISCONSIN, INC.
By :
Title:
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me this ~ I day of
1993, the above-named
to be the person who executed the foregoing instrument and
acknowledging that he is an employee of the owner of said
property.
, to me known
Notary Public,
Waukesha County, Wisconsin
My Commission is/expires:
3
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PURSUANT TO RESOLUTION #
the City of Muskego, passed and approved the
of the Common Council of
day of , 1993, this lease is hereby executed.
By :
David L. De Angelis, Mayor
By :
Jean K. Marenda, City Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this , day of
1993, the above-named
Muskego.
executed the foregoing instrument on behalf of the City of
and , to me known to be the persons who
Notary Public,
Waukesha County, Wisconsin
My Commission is/expires:
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W A Waste Management Company
EXHIBIT A
Description of shooting range area to be used by the City of
Musltezo
A parcel of land located in the NW 1/4 of the NE 1/4 of Section
18, T5N. R2OE City of Muskego, Waukesha County, Wisconsin,
described its follows: Commencing at the North 1/4 corner of said
Section 18; thence S1' 06' 54"E along the west line of said NE
1/4. 183 88 feet: thence 583O 30' 40" E. 239 62 feet to the place
of beginning: thence continue S83" 30' 40" E. 120.00 feet; thence
S6' 29' 20" W. 170 00 feet; thcncc NR3O 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.