CCR1995207COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #207-95
BETWEEN WASTE MANAGEMENT AND THE CITY OF MUSKEG0
APPROVAL OF EXTENSION OF LEASE AGREEMENT
FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT
WHEREAS, Resolution #193-93 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 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 second one-year extension of
the lease agreement, as attached, between Waste Management and
the City of Muskego to expire August 1, 1996.
DATED THIS 24TH DAY OF OCTOBER , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #207-95 which was adopted by the Common Council of
the City of Muskego.
10/95jmb
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
Muskego, together with such other uses as may be incidental to
and supervision of a police shooting range for the City of
the operation of a shooting range.
IMPROVEMENTS. The City shall be responsible for the
rearrange such earth or other materials, including trees,
construction of said range. The City may remove, level and
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
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
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 replacement property, it being the intent of
replacement property from property Lessor already owns or leases the parties that the Lessor would attempt to provide such
at the time of such termination.
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 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 the remainder of Lessor's property by the Lessor, it agents
or employees.
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
The City shall hold harmless and indemnify Lessor from any such
City's right to use and improve the premises as herein provided.
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).
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
with respect to said notice. Similarly, the Lessee may further
expiration date hereof, but time shall not be of the essence
renew this lease for up to four (4) additional one-year
extensions, using the foregoing procedures.
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 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
the premises at the expiration of this lease, Lessor shall have
event the City may desire to sell any buildings or structures on
the right and option to purchase such buildings or structures.
Any improvements to buildings or structures remaining on the
2
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 anv time durinq 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
understood and agreed to be paramount and superior to any rights
activities. The rights reserved in this paragraph are
possession hereunder or the continuation of the leasehold.
of City, including the City's right of quiet enjoyment and
DATED this 2 e day of sCP7. , 1993.
WASTE GEMENT OF WISCONSIN, INC.
Ti IdlJIC,II ?l?Crimvr
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
j SS.
Personally came
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.
- M7,7 -9d
3
PURSUANT TO RESOLUTION # 193-93 Of the Common Council Of
the City of Muskego, passed and approved the 10th day Of
August , 1993, this lease
By :
'0
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came.before me this +A day of -<eofemXerr
1993, the above-named ,5 /and
-oregoing instrument on behalf of the City of
Muskego.
dd , to me known tode the persons who
y, Wisconsin
8-22 - 7L
TXTCITY/COUnCIL:LS-WRSTE
4
W A Waste Management Cmcany
EXHIBIT 4
Description of shootin5 range 2rea to be used by the City of
Muslteoo
A parcel of land located in the hW i/J of the NE 1/4 of Section
18. T5N. R20E City of Muskego, Waukesha County, Wisconsin,
described as follows Commencing a: the North 1/1 corner of said
Section 18; thence Sl0 06' 54"E elong the west line of said NE
1/4. 183 88 feet; thence S83O 20' 10" E. 239 62 feet to the place
of beoinnino; thence continue 583' 30' 40" E. 120.00 feet; thence
S6" 29' 20" W. 170 00 fee[; thmc? N83" 30' 40" W. 120.00 feet;
thence N6" 29' 20" E. 170 00 feet to the place of beginnino
containing 0 47 Acres of land
hisconsin Land Surveyor No. 1331