CCR1995177COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #177-95
AND GROUND LEASE FOR PROVISION OF A WELL AND PUMP STATION
AUTHORIZATION TO EXECUTE AN AGREEMENT, EASEMENT
(Well No. 7)
WHEREAS, it has been determined that the best location for the
City's supplemental well and pump station is within Muskego
County Park; and
WHEREAS, Waukesha County will grant permanent access and driveway
easement and a permanent water main easement to the City; and
WHEREAS, the Agreement (Exhibit l), Easements (Exhibits "A" and
"D) and Ground Lease (City Exhibit 2), as attached, between the
City and the County need to be executed.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Public Utilities
Committee, does hereby authorize the execution of an Agreement,
Waukesha Co. in conjuction with the City's well and pump station
Easements, and a Ground Lease between the City of Muskego and
upon lands owned by the County. 0 BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the above referred to documents in the name of the City.
DATED THIS 22ND DAY OF AUGUST , 1995.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #177-95 which was adopted by the Common Council of the
8/95 jmb
EXHIBIT 1 =,ty
AGREEMENT
WAUKESHA COUNTY, hereinafter referred to as "COUNTI", wish to enter this
Agreement concerning the construction of a CITY water well and pump station
upon lands owned by the COUNTY as part of a Waukesha County Park; and
WHEREAS, the CITY OF MUSKEGO. hereinafter referred to as "CITY", and
WHEREAS, the CITY is in need of a new well site end the COUNTY park
and
land is a good potential water source based upon previous investigations;
WHEREAS, the COUNTY needs a new reserved picn,ic area within the park.
NOW, THEREFORE, BE LT RESOLVED for valuable consideration acknowledged
by both parties as follows:
1 The COUNTY will grant to the CITY a permanent access and driveway
easement free and clear of all liens and encumbrances as described in
Exhibit "A", a copy of which is attached hereto and made a part hereof.
2 The CITY will construct and pay for a well and pump station
generally described in documents attached hereto and marked Exhibit "8" and
building which includes Muskego Park rest room facilities which are
park and will be responsible for payment of same In same project the
the COUNTY, at its expense, shall inscall any and all water mains within the
COUNTY will install a 12" water main from C T,H. "L" to the pump station and
the CITY will be resonsible to the COUNTY for the cost of same.
0
3. The CITY will canstruct and pay for an access drive part of which
is within the area leased by the CITY and part of which is.within the
easement described in Exhibit '"A"; a parking lot which is not within the
lease or easement area, and an access path from the parking lot to the
restraom portion of the pump station building part of which is within the
leased area and part of wnich is outside the leased area on land owned by
that said access drive, parking lot and access path to be on lands described
the COUNTY upon which the CITY will have neither a lease or an easement;
made a part hereof The access drive, parking lot and access path shall be
and constructed as described on Exhibit "C" which is attached hereto and
constructed to a construccion standard as described on Exhibit "C-1" which
is attached hereto and made a part thereof.
4 The COUNTY will grant to the CITY a permanent easement free and
clear of all liens and encumbrances over property owned by the COUNTY for
construction, maintenance and reconstruction of a certain water main as
described in Exhibit "D" which is attached hereto and made a part hereof.
5. The COUNTY will grant the the CITY a 99 year lease with options to
extend the same on the lands upon which the well and pump station building
are constructed for $1 and other sood and valuable consideration; that a - copy of said lease agreement is attached hereto, made a part hereof and
marked Exhibit "E"
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and pump station building and access to the rest room facilities during
normal park hours
6 The COUNTY hereby grants to the CITY unlimited access to the well
7. The COUNTY hereby agrees to maintain ,in good condition the access
drive, parking lot, access path, the exterior of the well and pump station
building and the interior of the rest room facilities The CITY will
maintain in good condition the well, interior of the pump station building
and be responsible for the replacement of the well and pump station roof
8 The CITY will control and regulate all construction, construction
during the construction period as to the construction of the well and pump
traffic, cleaning and restoration of the site and provide temporary fencing
station building including the access drive, parking lot and access path.
9 The COUNTY in the accomplishment of its maintenance
responsibilities will have reasonable access to the pump station building
upon notification to the CITY.
10. The COUNTY, at its expense. shall install any and all sewer mains
within the park and will be responsible for payment of the same In the
main to the pump station and the CITY will be responsible to the COUNTY for
same project, the COUNTY will install a 6 inch sewer lateral from the sewer
the cost of the same
0 reasonable rest room siqnage.
11. The COUNTY, at is e.xpense, can number the building and put up
construction; if the COUNTY wished, at its expense, to be responsible for
additional plantings, it may install the same, but only after CITY approval,
which will not be unreasonably withheld, as long as said plantings to not
interfere with the CITY'S use of the building and accompanying water and
sewer lines.
12. The CITY'S restoration shall consist of grass seeding followins
determines that the water quality and/or quantity of the well is
unacceptable. If the CITY makes such a determination, the CITY will be
responsible for all costs of the project to that point and restoration of
the site
13 The CITY, at its sole option, may discontinue this project if it
Dated this day of , 1995
CITY OF MUSKEGO WAUKESHA COW
By : By '.
David L, DeAngelis. Mayor
By .. By '.
Jean K. Marenda, Clerk
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EASEMENT
TEIS INDENTURE. made this day of , 1995,
by and between the COUNTY OF WAUKESHA, a Wisconsin Municipal
Corporation, hereinafter referred to as party of the first part,
and the CITY OF MUS'EGO, a Wisconsin Municipal Corporation,
located in Waukesha County, Wisconsin, hereinafter referred to as
party of the ,second part
WITNESSETH :
FIiiEREAS, the party of the ilrst part, COIXTY OF WP.UKZS'l_n., -.
owns a parcel of real estate located in the City of MuskeSo
described as follows:
SEE ATTACEED LEG?L DESCRIPTION M;IRKED EXHIBIT "1"
WZREP.S, party of the second part has rzwested from the
party of the first part a permanent access easement for access
purposes including construction, repair, mainienance ar?d
reconstruction of the utility improvemeots ane access to the
same.
NOW, TESREFORE, party of the first part, in considtrztion of
the su3 of ONE DOLLAX and other aood and valuable consideration,
the receipt whereof is hereby acknowledged azd confessed, do
grant and convey unto the party of the secocd part, forevtr, free
and clear of all exunbrances that would prohibit the use herein
sranted, a perm2ner.t access easement for access purposes
including construction, repair, maintenance azd reconstruction of
the utility improvements and access to the szne in the City of
Muskeqo, Wackesha County, Wisconsin, on, over 2nd in the
following described real estate:
SEE ATTACEZD iEG.U DESCRIPTION MA-RKED EXHIBIT "2"
USE OF LAiiD
Party of the first part consents to the entry of th?
employees, workmen, ager.ts or independent contractors of party of
the second part for and incidental to the construction, repair,
maintenance and recoastruction of said improvements, but reserve
to themselves the right to make such use of land included in szie
easement, subject to the ordinances of the City of Muskeqo, the
regulations of the party of the second part, and the statutes of
the State of Wisconsin as will not disturb or interfere with such
access and utility improvements or prevent ingress, or eoress,
thereto for the puqose of construction, repair, maintenance and.
reconstruction thereof.
The parties expressly acknowledge that the party of the
second part may allow others not parties to this easement to use
the easement for the purposes indicated above.
This easement shall terminate when a certain lease or any
extensior? amendment or continuation of the same covericg lands
described in Exhibit "3" attached hereto and made a part hereof
terminates.
THIS INDENTURE, upon its acceptance by the party of the
first part, shall be binding uDon and inure to the benefit of the
parties hereto, their respective heirs, successors and assigns.
IN WITNESS WHEREOF, party of the first part has executed
this indenture the day ad year first above written.
THIS IS NOT HOMEST!3lJ PROPERTY.
COUNTY OF WP.UKESHA
By :
STATE OF WISCONSIN
COUNTY OF WAUKESHA
By :
)
)ss.
1
Personally came before me this day of ,-1995,
the above Rarnec: , as , azd
, as , of the CObiV OF
WP-UKSSIIA, - tc me kno.wn to be the persons who executed ths
foregoing IL - :.:-.eEt and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
MY commission emires :
-2-
STATE OF WISCONSIN )
COUNTY OF WAUKESH?. )
Is5
CITY OF MUSKEGO
By :
David L. De Angelis, Mayor
By:
Jean K. Marenda, Cler!k
Persanally came before me this day of , 1995,
the above named DAVID L. DE ANGZLIS, as Mayor, and JEAX K.
MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the
persons who executed the foregoin5 instrument and ackzowledged
the same.
NOTARY PUBLIC, STATE OF WI
My commission expires :
...
THIS ixST5.x.. .-~l:. I.1.W DRAFTED BY:
Attorn?:,- Donaid S. Molter, Jr.
720 Pj. E+sc Avenue, P.O. Box 1368
.-: .:..7
“ARENZ, MO’LTZR, MACY & RIFFLE, S.C. 9 WaukesSa, Kisccnsin 53187-1348
-3-
... ”,
June 30,1995
Addendum to Legal Description For the City of Muskego
That part of the Southwest 1/4 and the Northwest 1/4 of Section 17, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin being part of the lands described
in Vol. 923, Page 81 of Deeds as Document No 569798 and Vol. 923, Page 85 of Deeds as
Document No. 569800.
James R. Beaty, RL.S.
Owner: Waukesha County Park and Planning Depment
JRB:jkc
31-92059201 Icgalu'murkcgdmushdd.doc
e, cc: File
May 24, 1995
Revised he 14,1995
OWNEX: Waukesha Counq~ Pa& md Plmning Dqarunmr
June 14.1995
For_ City ofMdqo
.
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EXHIBIT "C-1"
SPECIFIULTIONS FOR MUSKEGO PARK'S WELL NO. 7 - Pm
STATION ACCESS DRIYE, PARKING LOT AND ACCESS PATH
Contractor shall install the access drive, parking lot and access path as
indicated in these specifications and on the construction details, Exhibit
"C-1 continued".
(S.W.S.S. refers to State of Wisconsin, Standard Specifications for Road and
Bridge Construction, Edition 1989).
INSTALLATION:
Subgrade - the subgrade shall meet the requirements of S W S.S 205 &
207.
Crushed gravel Base Course - placement of the base course for the
access drive and parking lot shall be in accordance with S.W.S S 304
and shall consist of a seven (7) inch compacted depth of crushed
gravel, Gradation No, 2; 3/4" crushed limestone T.B base for the
access path shall be in accordance with S W S.S 304. The four (4)
density.
inch depth of 3/4" crushed limestone T.B. shall be compacted to 95%
Asphalt Pavement Binder Course - S.W.S.S. 306, 401 (amended), 405, 407
parking lot shall be Gradation No. 1 as per subsection 401 2.5 The
(amended). Aggregate used in binder course for the access drive and
bituminous material shall be asphaltic type AC with a penetration rate
of 120-150. The asphaltic concrete binder pavement shall be 1-1/2"
thick after compaction,
Asphalt Pavement Wearing Course - S.W.S.S. 401 (amended) and 407
as per Subsection 401 2.5 The wearing course for the access drive
(amended). Aggregate used in wearing course shall be Gradation No. 3
and parking lot shall be 1-1/2" thick after compaction, for a total
asphalt binder and wearing course depth of 3" minimum; the wearing
course for the access path shall be 2" thick after compac:ion.
Striping - Contractor shall stripe proposed parking lot using solar
traffic paint (quick dry) State of Wisconsin Specification TT-E-1325
or equal, in locations as indicated on the drawings and using the
following color and stripe dimension:
Yellow
Paint Color Strioe Dimension
4" wide
EXISTING ADJOINING PAVEMENT:
Where new pavement meets existing pavement, the Contractor shall carefully
align new pavement to present a smooth integral surface.
0 RGONlZGZ/ck
7/26/95
EXHIBIT "C- 1 CONTINUED" .2'
e CONSTRUCTION DETAILS
4" COMPACTED TOPSOIL
(3:l MAXIMUM SIDE SLOPE)
7 COMPACTED CRUSHED GRAVEL
BASE COURSE, GRADATION NO. 2
45" ANGLE BEVELED EDGE
1.5% CROWN FOR ACCESS DRIVE AND 1.5%
MIN. CROSS SLOPE FOR PARKING LOT
1 - 1/2" ASPHALT WEARING COURSE,
GRADATION NO. 3
1 - 1/2" ASPHALT BINDER COURSE,
GRADATION NO. 1
COMPACTED SUBGRADE (EXISTING
SUBSOIL AND/OR GENERAL FILL)
e ACCESS DRIVE & PARKING LOT
NO SCALE
/ //-
4" COMPACTED TOPSOIL
(3:l MAXIMUM SIDE SLOPE)
45' ANGLE BEVELED EDGE
1.5% MAXIMUM CROSS SLOPE
2" ASPHALT WEARING COURSE,
GRADATION NO. 3
4" OF 3/4" CRUSHED LIMESTONE
T.B. BASE. COMPACTED TO 95%
DENSITY
COMPACTED SUBGRADE (EXISTING
SUBSOIL AND/OR GENERAL FILL)
ACCESS PATH
NO SCALE
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EASEMENT
THIS IXDENTURE, made this day of , 1995,
by and between COUNTY OF WAUKESXA, a Wisconsin Municipal
Corporation, hereinafter referred to as party of the first part,
and CITY OF MUSKEGO, a Wisconsin Municipal Corporation, located
in Waukesha County, Wisconsin, hereinafter referred to as party
of the second part. .
WITNESSETH:
WiERELXS, the party of th? first part, COUNTY OF WAUiiSZR,
owns a parcel of real estate located in the City of Muskeqo and
described as follows:
SEE ATTACED LEGAL DESCRIPTION MARKED EXHIBIT “1“
WEEREAS, party of the second part has requested from the
party of the first part a pe--anent easement for water maiz
purposes including construction, repair, maintenance and
reconstruction of the water main. 0 NOW, TEZ.XEFORE, party of the first part, in considerztion of
the sum of ONE DOLLAR and other good and valuable considerztion,
the receipt whereof is hereby acknowledged and confessed, do
grant and cozvey unto the party of the second part, forever, free
and clear of all encumbrances that would prohibit the use herein
granted, a permanent easement for water main purposes inclcaicg
construction, repair, maintenance and reconstruction of the water
I main in the City of Muskego, Wackesha County, Wisconsin, on, over
and in the following described real estate:
! SEE ATTACKED LEGPL DESCRIPTION MARKED EXXISIT “2“
<,Ai - : LXY‘ST) ”” ”
Party of the first part consents to the entry of the
employees, workmen, +cents or independent contractors of party of
the second. part for 2ii.z :.-.c!.der.cal to the construction, re2air.
maintenance and reconstructicr: of said water main, but rese-rve to
themselves the .risht Co make such use of land included in said
easement, subject to ;;le or(2lnances of the City of Muskego, the
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regulations of ths party of the second part, and the statuies of
the State of Wisconsin as will not.disturb or interfere with such
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a water main or prevent ingress, or egress, thereto for the purpose
of construction, repair, maintenance and reconstruction thereof.
The parties expressly acknowledge that the party of the
second part may allow others not parties to this easement to use
the easement for the purposes indicated above.
THIS INiYENTURE, upon its acceptance by the party of the
first part, shall be binding upon and inure to the benefit of the
parties hereto, their resgective heirs, successors and assigns.
IN WITNESS WHEILOF, party of the first part has executed
this indenture the day and year first above written.
THIS IS NOT HOMESTEAD PROPERTY.
COUNTY OF WAUKESFFI
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STATE OF WISCONSIN
COUNTY OF WAUESHA
)ss.
Personally came before me this day of , 1995,
the above named ane , as
and , respectively, of
the COUNTY OF WAUKESEA, to 1x2 known to be the persons who
executed the foregoing instrument and ackaowledged the same.
NOTARY PUBLIC, STATE OF Wi
MY commission expires -
CITY OF E.IUSiCEGC
By :
David L. De hgelis, Mayor
By :
Jean K. Marenda, Clerk STATE OF WISCONSIN
i.
0 COUNTY OF WAUKESK4
) ss.
Personally came before me this - day of , 1995,
the above named DAVID L. DE ANGELIS and JEAN K. MARENDA as the
Mayor and Clerk, respectively, of the CITY OF MUSKEGO, to me
known to be the persons who executed the foregoing instrument and
acknowledged the same.
NOTARY PUBLIC, STATE OF WI
MY commission expires:
THIS INSTRUMENT W9-S 3.3A-33 BY:
Attorney Donald S. "rolter, Jr.
ARENZ, MOLTER, MACV & giFFiE, S.C.
720 N. East R>-enue, F 0 Sox 1348 0 Waukesha, Wisconsir 53187-1348
.- 3 -
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June 30,1995
Addendum to Legal Description For the City of Muskego
That part of the Southwest 1/4 and the Nor!!west 1/4 of Section 17, Town 5 North, Range
in Vol. 923, Page 81 of Deeds as Document No 569798 and Vol. 923, Page 85 of Deeds as
20 Easf City of Muskego, Waukesha County, Wmnsin being part of the lands desmied
Document No. 565800.
James R Beaty, U.S.
Owner: Waukesha County Park and Planning Department
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31-92059101 IcgaWmlukcgdmmkaddd~
cc: File
May 24,1995
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GROUND LEASE
Exhibit E
This Agreement of Lease made and entered into as of the
day of , 1995 by and between WAUKESHA COUNTY, hereinafter
referred to as "Landlord", and the CITY OF MUSKEGO, hereinafter
referred to as "Tenant" ;
WITNESSETH:
1 Leased Premises The Landlord, for and in consideration
of the rents to be paid by the Tenant and the covenants and
agreements herein contained, does hereby demise, lease and let
unto the Tenant the premises, hereinafter called the "premises"
or "leased premises" situated in the City of Muskego, Waukesha
County, Wisconsin, and more fully described on Exhibit "1"
attached hereto and made a part hereof, together with all
privileges and appurtenances thereunto belonging or appertaining,
including all rights, interest, easements and reversions of the
Landlord in, to or under adjacent streets
2. Term of Lease. The Tenant shall have and hold said
leased premises for a term of Ninety-Nine (99) years commencing
on , 1995, and ending on , 2094,
which is hereinafter called the "lease term". Each "lease year"
shall commence on the anniversary date of the first day of the
first full month of the lease term and end on the last day of the
twelfth month thereafter. 0
1
3. Tenant's Option to Renew Lease. The Tenant, upon at
least 90 days prior written notice to the Landlord prior to the
termination of the lease term, or any renewal term as the case
may be, may, upon mutual agreement of the Landlord and Tenant,
renew this lease for five year terms.
4. Use of Premises. The Tenant shall have the right to use
and occupy the lease premises for the following purpose
Oueration and maintenance of a municiDal well, Dumpstation and
all associated eauiment.
The Tenant shall, at its sole cost and expense, observe and
comply with all ordinances or laws, rules and regulations of the
City of Muskego, State of Wisconsin, United States of America,
and any agencies thereof or any other applicable governmental
authority, now in force or which may here after be in force,
pertaining to the leased premises or the use and occupancy
thereof.
5. Construction of Improvements In the event and at such
time as Tenant may desire to construct an/or reconstruct
buildings and/or other major improvements upon the leased
premises, then the Tenant shall prepare or have prepared and file
with the Landlord for Landlord's approval and permission which
shall not be unreasonably withheld, the following:
A. A complete set of plans and specifications for such
buildings and/or major improvements; and
B. A construction contract or set of contracts for the
construction of said buildings and/or major improvements,
including all site work necessary therefor.
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6. Rents. The Tenant shall pay to the Landlord in advance
the sum of One ($1 00) Dollar as rents for said leased premises
for the entire term of the lease and the same amount in advance
for each renewal term thereafter
7. ImDrovements on Leased Premises. The Tenant shall have
the right to remodel and/or add to existing improvements or to
demolish or remove any building or other improvement erected on
the leased premises and to replace it, at Tenant's sole cost and
expense, with a new suitable improvement for the leased premises
as long as the restroom facilities remain to substantially the
same extent Such demolition or removal shall be preparatory to
and in connection with such new improvement, and such new
improvement shall involve an estimated cost of not less than the
then fair market value of the structure being demolished or
removed, and it shall be of such type, size, design, quality of
construction ana general character as to provide, under the then
existing conditions, a fair and reasonable economic utilization
of the land The plans and specifications for such new
improvement or najor remodeling shall be submitted to the
Landlord for examination and approval which approval shall not be
unreasonably withheld.
8 Insurance Tenant agrees that it will at all times during
the tern of this lease, including during times of
construcEion, keep in force and effect insurance policies
as outlined below, issued by a company or companies
authorized to do business in the state of Wisconsin.
Such insurance shall be primary. Upon execution of this
lease, Tenant shall furnish the Landlord with a
Certificate of Insurance and upon request, certified
c1 copies of the required insurance policies. The
Certificate shall reference this lease and additional
insured status. The County, through its Risk Management
Unit-Department of Administration, shall be given thirty
(30) days advance notice of cancellation, nonrenewal, or
material reduction of coverages, scope or limits during
the term of this lease.
9. Liabilitv Insurance
A. Worker's Compensation and Employers' Liability
Insurance-Statutory worker's compensation benefits and
employers' liability insurance with a limit of liability
not less than $100,000 each accident. Tenant shall
require subcontractors not protected under its insurance
to take out and maintain such insurance
B. Commercial General Liability Insurance-Policy shall
be written to provide coverage for, but not limited to
the following: premises and operations, personal injury,
blanket contractual, independent contractors. Limits of
liability not less than $500,000 each occurrence and
aggregate. The Landlord, its boards, commissions,
agencies, officers, employees and representatives shall
be named as additional insured and so stated on the
Certificate of Insurance It is understood that such
insurance shall cover any buildings, improvements,
equipment and parking areas on the leased premises, as
well as other parts of the leased premises, and all
driveways and sidewalks in front of or adjacent to the
leased premises including during periods of construction.
Furthermore, during periods of construction Tenant shall
require subcontractors to take out and maintain such
insurance naming Landlord as additional insured and
require subcontractor to provide Landlord with a
Certificate of Insurance evidencing such coverage.
C. The aforesaid limits of liability may be increased or
decreased by mutual consent of the parties, which consent
shall not be unreasonably withheld by either party, in
the event of any factors or occurrences, including
substantial increases in the level of jury verdicts or
judgments or the passage of state, federal or other
governmental compensation plans, or laws which would
material increase or decrease the Landlord's or Tenant's
exposure to risk.
10. Fire and Other Insurance and Destruction of Premises.
The Tenant agrees at all times during the term of this lease to
maintain in force, at its sole cost and expense, insurance on the
buildings and o~her improvements, including all equipment;
fixtures, boilers, motors and machinery, that may be built or
placed upon the leased premises, and all additions thereto and
replacements thereof, against the hazard of fire and such other
hazards as are covered by policies of insurance commonly referred
to and known as "extended coverage insurance" including vandalism
and malicious mischief, in an amount in no event less than eighty
(80%) percent of the actual cash value of the insurable
buildings, improvements and equipment, with replacement cost
endorsement, excluding the cost of excavation and of foundations
below the level of the lowest basement floor, or if there is no
basement, below the level of the ground; and during the
construction of the buildings and improvements on the leased
11. Hold Harmless Clause. The City of Muskego agrees to
indemnify, hold harmless and defend the County, its officers,
agents, and employees from any and all liability including
claims, demands, damages, actions or causes of action, together
with any and all losses, costs or expense, including attorney
fees, in connection with or related thereto, for bodily injury,
sickness, disease, death, personal injury (including to employees
of the City of Muskego) or damage to property or loss of use
resulting therefrom arising out of or in connection with or
occurring during the course of this agreement including during
the construction, reconstruction, maintenance, use, repair, or
operation of the water well, pump station, rest rooms, water
main, parking lot, and easements, or ingress or egress to or from
the premises where such liability is founded upon or grows out of
the acts, errors or omissions of the City of Muskego, its
employees, agents, or subcontractors or while on the premises
included under the permission herein given.
12. Reuairs and Maintenance. The Landlord agrees to maintain
in good condition all roads, drives, parking lots, the exterior
of the pump station building and the interior of the restroom
facilities except for damage or vandalism caused by peril insured
against by City's insurance carrier, and City agrees to be liable
for deductible on said occurrences. The Tenant agrees to
maintain in good condition the well, interior of the pump station
building and be responsible for the replacement of the well and
pump station roof. The Landlord and Tenant further agree that it
will not suffer any waste to be committed upon the leased 3 premises or to any building or other improvement thereof or the
equipment thereof; that it will not at any time do anything to
the leased premises or to any building, improvement or equipment
thereof which will in any way impair or diminish the value
thereof, except for ordinary wear and tear; and that it will not
permit any nuisance to exist on the leased premises
13. Entire Aqreement. This lease and the exhibits and
attachments, if any, set forth all the covenants, promises,
agreements, conditions and understandings between the Landlord
and Tenant concerning the lease of said premises. No subsequent
alteration, amendment, change or addition to or of this lease
shall be binding upon the Landlord or Tenant unless the same is
reduced to writing and signed by the parties.
0 14 Partial Invaliditv The terms and provisions of this
lease shall be deemed separable, and if any term or provision of
this lease or the application thereof to any person or
circumstances shall to any extent be invalid or unenfbrceable,
the remainder of this lease, or the application of such term or
provision to persons or circumstances other than those as to
which it is invalid or unenforceable shall not be affected
thereby, and each term and provision of this lease shall be valid
and be enforced to the fullest extent permitted by law
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15. Captions and ParaqraDh Numbers. The captions and
paragraph numbers appearing in this lease are inserted only as a
matter of convenience and in no way define or limit the scope or
intent of such paragraphs or this lease, nor in any way affect
this lease.
16. Recordina Neither the Landlord nor Tenant shall record
this lease without the written consent of the other party.
However, upon request by either party hereto the parties shall
join in the execution of a memorandum or so-called "short-form"
of this lease for the purposes of recordation.
17. No Waiver. No failure or delay on the part of either
party to enforce any of the terms, covenants, conditions or
agreements hereof shall operate as a waiver thereof nor avoid or
affect the right of the party to enforce the same upon a
subsequent default or breach
18. Remedies Cumulative. Except as otherwise provided in
the rights and remedies herein granted are cumulative and are in
addition to any given by statues, rule of law, or otherwise, and
the use of one remedy shall not be taken to exclude or waive the
right to the use of another.
19. Successors and Assicrns This lease shall be binding
upon and inure to the benefit of the parties hereto and their
respective heirs, representatives, successors and assigns, except
as otherwise specifically provided herein.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals as of the day, month and year firsE above written.
LANDLORD: WAUKESHA COUNTY TENANT: CITY OF MUSKEGO
By : By :
David L De Angelis, Mayor
By :
cs/rnt
RGONlWUZ
By :
Jean K. Marenda, Clerk
June 14, 1995
For- City of Muskego
Crmnnencjn3 a~ the Nonhwgt mer of thr Soud~~es 1/4 of said Section 17;
tb~ SO1'10'24"E, along the West line ofbe Somhwesr 1/4, 31625 fe-to the
entdine of Janesville Road (C.TH "L");
b=-N78"09'36"E, along said 1135.40 fe=t to a poinr of curve;
~alongsaidcenteriineandthean:ofacrwetothel~21950f~radiuso~~864.79
fed a chord bemq N75"57535"E, 219.45 feq
thcnceN16"13'49"W, 60.00 feerut the Nd lineof JanesviUe Road (CTH T.7;
thace N10"00'00"W, 128.99 fq thmce NO7TO'OO"E, 243.50 fez5
hce N67"00'00"W, 124.66 fee~thencNjl"OO'OOnW, 93.51 feq then= N35"00'00"W, 94.60 fet to the point of beprrmng of the lands herein describe&
thc S66°00'00"W, 27.82 feq thence 1Ni?4~00'~0"w, 100.00 feeg
thence N66"00'00"E, 100.00 feq thmce S24"00'OO"E, 100.00 fee;
thence S66"00'OO"W, 2.18 fer to the poim ofbmz, conmining 0.2296 acres
(10,000 Sq. Ft), more or less of land
Jamie Be~y
OWNER: Waukesha County Park and Planning Dqamnent
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