CCR1997194AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #194-97
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND SUPERIOR EMERALD PARK LANDFILL, INC.
Police Department Firearm's Facility
WHEREAS, the Finance Committee has reviewed a proposed Lease Agreement
between the City of Muskego and Superior Emerald Park Landfill, Inc. to allow the
lessee the use of premises for the construction, operation, maintenance, and
supervision of a police shooting range; and
WHEREAS, the Finance Committee has recommended approval of the Lease
Agreement subject to final review by the Mayor and City Attorney.
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, as amended, for a term of thirty (30) years subject to final review
by the Mayor and City Attorney, with the Mayor to make any necessary technical
changes.
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are authorized to
execute the Lease in the name of the City.
DATED THIS 26th DAY OF AUGUST, 1997
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #194-97 which was
adopted by the Common Council of the City of Muskego.
8197jmb
LEASE
AMENDED AS OF 08/22/97
This agreement is made between SUPENOR EMERALD PARK LANDFILL, INC
(Lessor) and the CITY OF MUSKEG0 (Lessee).
The Lessor hereby agrees to lease to and the Lessee agrees to lease from the Lessor the
following described real estate:
See Exhibit A Attached Hereto
TERM. This lease shall be for a term of thirty (30) years from and after the -
day of , 1997 The rental therefore shall be in the sum $1.00, with payment to
be made on the ~ day of , 1997
PURPOSE. The purpose of this lease is to allow the Lessee to use said premises
for the construction, operation, maintenance, and supervision of a police shooting range
for the City ofMuskego and other law enforcement organizations as determined by the
Lessee, together with such other uses as may be incidental to the operation of a shooting
range. The above said purpose and use shall be consistent with the attached site and
operation plan which is marked Exhibit B. If the Lessee wishes to make a substantial
change in the site and operational plan, said plan must receive prior approval of the Lessor
and said approval shall not be unreasonably withheld.
IMPROVEMENTS. The Lessee shall be responsible for the construction of said
range. The Lessee 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, parking lots, and other structures as, in its sole discretion, it deems
necessary and convenient for the efficient operation of the range. As Dart of this
construction, Lessee aerees to construct a bullet trap system. The Lessee shall
construct berms and other facilities as described on Exhibit B at its expense. That Lessor
shall provide the necessary ground fill for the construction of said berms in a timely
manner as required by Lessee.
MAINTENANCE AND OPERATION. The Lessee shall be solely responsible
for the maintenance of the premises and the range and the operation thereof, including
periodic cleaning of the bullet trao svstem. The Lessee 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 Lessee, and shall enact rules and
regulations pertinent to the use and operation of the range. The Lessee 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 Lessee 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 Lessee may, at is 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, its agents or employees.
LIABILITY OF LESSER. The Lessor shall not be liable to the Lessee, 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 Lessee’s right to use and
improve the premises as herein provided. The Lessee shall hold harmless and indemnify
Lessor from any such costs, claims, damages, expenses, and liabilities and shall hrther
maintain in force at all times during the terms hereof, a policy of public liability insurance
covering the leased premise and naming the Lessor as additional insured, in the minimum
amount of One Million Dollars ($1,000,000.00).
REMOVAL OF IMPROVEMENTS: RESTORATION. The Lessee agrees
that at the expiration of the terms of this lease or any renewal thereof, 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 Lessee in the
operation of said range. The Lessee 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 Lessee 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 structures. 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 Lessee, 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 01
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 Lessee, including the Lessee’s right of quiet
enjoyment and possession hereunder or the continuation of the leasehold.
DATED this __ day of , 1997
SUPERIOR EMERALD PARK LANDFILL, INC.
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this - day of , 1997. the above named
to me known to be the person who
executed the foregoing instrument and acknowledged that he is an employee of the owner
of said property. 0
NOTARY PUBLIC, STATE OF WI.
My commission expires:
PURSUANT TO RESOLUTION # of the Common Council of the City of
Muskego, passed and approved the ~ day of , 1997, this lease is hereby
executed.
CITY OF MUSKEGO
By:
David L. De Angelis, Mayor
By:
Jean K. Marenda, Clerk
STATE OF WISCONSM )
COUNTY OF WAUKESHA )
1 ss e
Personally came before me this - day of , 1997, the above named
DAVID L. DE ANGELIS, as Mayor, and JEAN K. MAREmA, as Clerk, to me km~n
to be the persons who executed the foregoing instrument on behalf ofthe CITY OF
MUSKEGO.
NOTARY PUBLIC, STATE OF WI
My commissions expires:-
Superior Emerald Park Landtill Inc. Lease Agreement Exhibit A +w- 97
LEGAL DESCRIPTION
FIRING RANGE PARCEL
That part ofthe northeast 1/4 of Section 36, Town 5 North, Range 20 East, in the City of
Muskego, County of Waukesha, State of Wisconsin, bounded and described as follows:
Commencing at the East 1/4 corner of said Section 36; thence N 00 29’ 55” W along the
East line ofthe NE 1/4 of said Section 36, 1355.00 feet to a point in the north line ofthe
South 1/2 of said NE 1/4; thence S 87 49’ 03” W along said north line, 200.03 feet to the
point of beginning of lands to be described; thence continuing S 87 49’ 03” W along said
north line, 700.00 feet; thence S 00 29’ 55” E and parallel to the east line of said NE 114,
200.00 feet; thence N 87 49’ 03” E and parallel to the north line of the South 1/2 of said
NE 1/4, 60.00 feet; thence S 00 29’ 55” E and parallel to the east line of said NE 114,
450.00 feet; thence N 87 49’ 03” E and parallel to the north line of the South 112 of said
NE 1/4, 240.00 feet; thence N 00 29’ 55” W and parallel to the east line of said NE 114,
500.00 feet; thence N 87 49’ 03” E and parallel to the north line of the South 112 of said
NE 1/4, 440.00 feet; thence N 00 29’ 55” W and parallel to the east line of said NE 114,
150.00 feet to the point of beginning, said parcel containing 227,932 square feet (5.2326
acres) of land. more or less.
Superior Emerald’ Park Landfill Inc. Lease Agreement Exhibit B
Approved as of 6/03/97
Site/Operational Plan Citv Of Muskego Police Department Firearm’s Facilie
Location:
W124 SI0629 124th Street
Muskego, Wisconsin 53 I50
Description:
The Firearm’s Facility is located on the Superior Emerald Park Landfill property
consisting of approximately ten acres.
Facilities:
The overall facilities would eventually include:
Phase I Improvements: (See site plan sketch)
A 24-point pistol firing range with four foot concrete walkways at the 3, 5, 7. 15, 25,
A 32 inch high target wall at the “target line” approximately fifteen feet from the base
A 24-point (pistol range) “turning target” system
A covered bleacher adjacent to the Range Control Tower to seat thirty people
An asphalt paved parking area adjacent to the existing Emerald Park parking lot, room
A 6-point Rifle Range to include covered Ramada Firing line and 32 inch target wall
A 6-point (rifle range) “turning target” system
A 2-story Range Control Tower with storage area on the first floor, 150 square
A 10-point Combat Range
Phase I1 Im~rovements:
ClassroodAdministration building, approximately 1.800 square feet.
Ecoloev:
The DNR has no requirements or regulations for the siting of a firearm’s range, therefore,
no permits are required. Sand pits at the target berms will allow for the periodic recovery
of spent ammunition.
and 50 yard firing positions.
of the rear “impact berm”
for 25 to 30 parking spaces
foot/floor
Use olFncilitv:
The facility described in this document will be used exclusively for police firearm’s training
by the agencies stated in this document. Any additional use by the agencies, the City of
Muskego, or Emerald Park of this property would have to be as a modification of this
plan.
Aaencies:
The agencies permitted under this operational plan to utilize this facility are as follows:
The City of Muskego Police Department.
The Federal Bureau of Investigation - Milwaukee Office
City of Milwaukee Police Department - recruit shotgun’training and Tactical Team
training only.
Additional agencies wishing to participate in this facility may only do so upon the
recommendation of the City of Muskego Police Department and the Standing
Committee of the Emerald Park Landfill to the Planning Commission of the City of
Muskego.
Hours of Operation:
The range hours of operation are as follow:
Use of the range facility is limited to 65 days annually
Monday thru Friday, 8:OOAM to 5:OOPM
Saturday, 8:OOAM to 12:OO noon
Sundays and Holidays - no shooting
Evening hours until 8:OOPM will be limited to the months September thru April.
Liability:
Liability for range operations will be the responsibility of the City of Muskego.
Additionally, other departments who are using the range would be responsible and liable
through an agreement with the City of Muskego for any occurrence that would happen
while they are using the facility. The land lease agreement with Superior Emerald Park
Inc. includes a “hold harmless” clause that the City will sign accepting liability and
responsibility for the operations of this facility.
Manaeement oTRnnge Oaerrtions:
The City of Muskego Police Department accepts the responsibility of scheduling and
maintaining of the facility and will be the contact agency for citizens or committee
members, or Emerald Park officials to inquire as to complaintdconcems they may have
with the operation. If the complaint is not satisfactorily rectified. the complaint will be
heard by the Emerald Park Landfill Standing Committee who may recommend a solution
to the Mayor and the Common Council of the City.
Modification oFPInn:
The City of Muskego Planning Commission, upon a recommendation of the City of
Muskego Police Department id Emerald Park Standing Committee, will decide^ any
modifications of the site or operational plan. Residents of the sociological impact area of
the Emerald Park Landfill must be notified of any modification to the site prior to any
Standing Committee action.
Utilities:
The site shall be served by utilities existing at the site
Noise/Safety Buffwine:
The property directly north of the site will be buffered by a protective berm The
entire impact (target line) will be protected by a berm The property directly south will
be protected by a berm the length of the pistol range (see site plan sketch).
A “Ramada” style structure will cover the six point rifle tiring line. The structure will
provide additional noise suppression to the berm enclosed range.
Ballistic/noise barriers will be constructed between the firing point and impact berm of
the rifle range.
Site Access:
Primary access to the facility will be via the existing driveway of Superior Emerald Park
Landfill facility from US 45. An additional access from US 45 may be utilized using an
existing driveway in the rifle range area near the north property line.
Traffic:
Vehicular traffic generated by the training facility will be limited. Most training events will
generate less than six vehicles.
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #194-97
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF MUSKEG0
AND SUPERIOR EMERALD PARK LANDFILL, INC.
Police Department Firearm's Facility
WHEREAS, the Finance Committ
between the City of Muskego and
lessee the use of premises forth
supervision of a police shooting range; and
WHEREAS, the Finance Commi
Agreement subject to final revie
NOW, THEREFORE, BE IT RE
Muskego, upon the recommen
the attached Lease for a term
and City Attorney.
BE IT FURTHER RESOLVED
execute the Lease in the nam
DATED THIS
/ SPONSORED BY: 1 FINANCE COMMITTEE
Ald. Domonic R. D'Acquisto
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certifr that this is a true and accurate copy of Resolution #194-97 which was
Common Council of the City of Muskego.
Clerk-Treasurer
8l97jmb
LEASE
This agreement is made between SUPENOR EMERALD PARK LANDFILL, INC
(Lessor) and the CITY OF MUSKEGO (Lessee).
The Lessor hereby agrees to lease to and the Lessee agrees to lease from the Lessor the
following described real estate:
See Exhibit A Attached Hereto
TERM. This lease shall be for a term of thirty (30) years from and after the -
day of , 1997 The rental therefore shall be in the sum $1 .OO, with payment to
be made on the - day of , 1991
PURPOSE. The purpose of this lease is to allow the Lessee to use said premises
for the construction, operation, maintenance, and supervision of a police shooting range
for the City of Muskego and other law enforcement organizations as determined by the
Lessee, together with such other uses as may be incidental to the operation of a shooting
range. The above said purpose and use shall be consistent with the attached site and
operation plan which is marked Exhibit B. If the Lessee wishes to make a substantial
change in the site and operational plan, said plan must receive prior approval of the Lessor
and said approval shall not be unreasonably withheld. 0
IMPROVEMENTS. The Lessee shall be responsible for the construction of said
range. The Lessee 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, parking lots, and other structures as, in its sole discretion, it deems
necessary and convenient for the efficient operation of the range. The Lessee shall
construct berms and other facilities as described on Exhibit B at its expense. That Lessor
shall provide the necessary ground fill for the construction of said berms in a timely
manner as required by Lessee.
MAINTENANCE AND OPERATION. The Lessee shall be solely responsible
for the maintenance of the premises and the range and the operation thereof. The Lessee
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 Lessee, and
shall enact rules and regulations pertinent to the use and operation of the range. The
Lessee 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 Lessee 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 Lessee may, at is 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, its agents or employees. e
LIABILITY OF LESSER. The Lessor shall not be liable to the Lessee, 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 Lessee’s right to use and
improve the premises as herein provided. The Lessee shall hold harmless and indemnify
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 liability insurance
covering the leased premise and naming the Lessor as additional insured, in the minimum
amount ofOne Million Dollars (Sl,OOO,OOO.OO).
REMOVAL OF IMPROVEMENTS: RESTORATION. The Lessee agrees
that at the expiration of the terms of this lease or any renewal thereof, 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 Lessee in the
operation of said range. The Lessee shall not be required, however, to replace any earth
or trees, shrubberies or other material which it may have removed during the term ofthis
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 Lessee 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 structures. 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 a
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 Lessee, 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 Lessee, including the Lessee’s right of quiet
enjoyment and possession hereunder or the continuation of the leasehold.
DATED this - day of , 1997
SUPERIOR EMERALD PARK LANDFILL, INC.
By:
Title:
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
1 ss
Personally came before me this - day of , 1997, the above named
to me known to be the person who
executed the foregoing instrument and acknowledged that he is an employee of the owner
of said property.
NOTARY PUBLIC, STATE OF WI.
My commission expires:
PURSUANT TO RESOLUTION #- of the Common Council of the City of
Muskego, passed and approved the - day of , 1997, this lease is hereby
executed.
CITY OF MUSKEGO
By:
David L. De Angelis, Mayor
By:
Jean K. Marenda, Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss
Personally came before me this - day of , 1997, the above named
DAVID L. DE ANGELIS, as Mayor, and JEAN K. MARENDA, as Clerk, to me known
to be the persons who executed the foregoing instrument on behalf of the CITY OF
MUSKEGO.
NOTARY PUBLIC, STATE OF WI
My commissions expires:-