CCR2001246COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #246-2001
APPROVAL OF LEASE AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
uskego, upon the
prove the attached Lease
d Lois Bennett Family
BE IT FURTHER RESOLVED That the Mayor
DATED THIS -
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #246-2001 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
12lOljmb
LEASE AGREEMENT FOR
PUBLIC ACCESS TO NAVIGABLE WATERS
This agreement is entered into by and between The City of Muskego and
Richard and Lois Bennett Family Trust (Owner); and
WHEREAS, the Owner and City wish to provide adequate access to the waters of
Big Muskego Lake for public use including boating and fishing; and
WHEREAS, lands owned by the Owner in the City of Muskego, County of Waukesha,
Wisconsin, provides an opportunity for boaters and fishers seeking access to waters of
Big Muskego Lake; and
NOW THEREFORE, the Owner agrees to allow the City to operate and maintain, a
public access site to Big Muskego Lake on the following described property of the Owner
according to the following terms and conditions:
I. PREMISES
The description and location of the Big Muskego Lake access site are contained in
Exhibit A and B , attached hereto and made a part hereof this agreement.
11. USE OF THE PREMISES
e
A. The City shall allow the public to use the access site and will charge a fee for
boat launching. Such fees shall not exceed the fee charged for daily entrance
in City Parks or City boat launches, unless a higher fee is adopted by the
Common Council.
B. The City shall maintain the access site in a neat, sanitary, and usable
condition, and in compliance with all City standards.
Public AccessiBennett Family Trust Page 2
C. The City shall design and maintain the access site to provide barrier-free and
boating access for persons with disabilities. All facilities constructed at the
access site during the effective period of this agreement shall be handicap
accessible.
D. The City hereby agrees that the access site shall include at a minimum 4
launch lane(s) and 2 boarding dock(s), and that designated parking shall
be a minimum of 25 car-trailer parking stalls of which at least one is
accessible to persons with disabilities. Each stall shall be marked “trailer
parking” only.
E. The hours of operation of the access site shall be at a minimum from 6:OO am
until 11:OO pm daily. Any boat launched during the hours of operation may
not be denied egress from the water at anytime through the access site.
F The Ownedlessee may post signs and posters along the access site to delineate
the access site for public use and inform the public of hours of operation, if
restricted, and launch fees charged.
111. OBLIGATIONS OF THE CITY
A. The City shall consider the access site a public access site.
B. The City agrees to initially overlay and continually maintain the access,
launch and six (6) street lamps.
C. The City agrees to provide a portable, handicap accessible toilet serviced on a
monthly basis.
D. The City agrees to furnish and service trash receptacles.
Public AccesslBennett Family Trust Page 3
E. The City agrees to provide heavy equipment help when snowfalls or buildup
of snowbanks exceed the ability of light snow equipment capabilities; i.e. a
pickup truck snow plow.
IV LENGTH OF AGREEMENT AND RIGHTS OF EACH PARTY
A. This agreement shall become effective when signed by both parties and
recorded in the Waukesha County Office of the Register of Deeds. This
agreement shall remain in effect for a period of 20 years and may be
modified or renewed upon written agreement of both parties, with no specific
time period for renewal. This agreement binds all subsequent owners, lessors,
heirs or assignees during the period of the agreement.
0 V GENERAL PROVISIONS
A. Neither this agreement nor any right or duty of either party may be transferred,
assigned, conveyed or contracted without the prior written permission of the other
Pafly.
B. The City shall have sole control of the method, hours worked, and time and
manner of any performance under this agreement other than as specifically
provided herein. The owner reserves the right only to inspect the premises for the
sole purpose of ensuring that the performance is progressing or has been
completed within compliance of the agreement. The City assumes no
responsibility for supervision or direction of the performance of the agreement to
be performed by the Owner or the Owner’s employees or agents. The City further
Public AccesdBennett Family Trust Page 4
a agrees that it will exercise no control over the selection and dismissal of the
Owner’s employees or agents.
I
C. The OwneriCity agrees to save, keep harmless, defend, and indemnify the
Owner/City and all its officers, employees, and agents against any and all liability
claims, and costs whatever kind and nature, for injury to or death of any person or
persons, and for loss or damage to any property (OwneriCity or other) occurring
in connection with or in any way incident to or arising out of the Owner’siCity’s
occupancy, use, service, operation, or performance of work in connection with
this agreement. The OwneriCity shall be responsible for obtaining insurance for
any improvements or structures located on the subject property placed and used
by each party
D. It is understood by all partie , the City and the owner, that this lease of the area is 0 a shared use lease for ingress & egress and parking on the described area. Neither
party can disrupt, restrict or deny free described use of this area.
VI. Payment for use
A. The City agrees to pay the amount of $2000 for all due consideration and use of
the easement property. The amount will increase by 3% yearly, with the ability to
renegotiate this amount after 5 years.
VI1 OTHER MUTUALLY AGREED UPON CONDITIONS
A. The owner agrees to plow the access road and all other paved surfaces at the site. On
a regular and timely basis, the City agrees (as stated in 111 Obligations of the City,
0 paragraph E ) to help out in heavy snow conditions.
Public Accessknnett Family Trust Page 5
B. The City agrees to honor all Boxhorn membership cards displayed on the
dashboards of vehicles towing trailers as paid launch fees thru December 3 1,
2002.
SIGNED THIS DAY OF ,2001
By :
CITY OF MUSKEGO: RICHARD AND LOIS BENNETT
FAMILY TRUST
David L. De Angelis, Mayor
DATED:
ATTEST
Jean K. Marenda, ClerWTreasurer
I
RICHARD & LOIS BENNETT
FAMILY TRUST PROPERTY N
1 (BOAT LAUNCH ACCESS EASEMENT)
0 SCALE 1" = 150'
EXHIBIT "A"
.. 6 I
,
11 /21/01 n 4
REV. 12/05/01
Exhibit “B”
AI1 that part of the Southeast !4 of the Northeast !4 of Section 23, and part of the
Southwest ‘A of the Northwest ‘A of Section 24, Town 5 North, Range 20 East, in
the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southwest comer of Parcel 2, Certified Survey Map No.
8153, said point also being the point of beginning of lands described herein; thence North
02O28’25” West along the West line of said Parcel 2,226.76 feet; thence North
71”25’32” West 189.05 feet; thence South 35’11’ 08” West 41.74 feet; thenceNorth
71’25’32” West 350.77 feet to a point on a meander line on Big Muskego Lake; thence
North 26”28’05” East, along said meander line, 189.46 feet to an intersection of meander
lines; thence North 04“32’47” East along said meander line, I I ., 12 feet; thence South
77’01’50”East 234.10 feet; thence South 1 1°13’02” West 92.09 feet; thence South
71”25’32” East 318.33 feet; thence South IO”33’35” West 65.15 feet; thence South
02’28’25” East 234.83 feet, to the North right-of-way line of Boxhorn Drive; thence
South 87”32’30” West along said right-of-way line 50.00 feet to the point of beginning.
Also including those lands lying between said meander line and lakeshore on the
easement lines extended. Containing 96,591 square feet (2.22 acres) more or less as
measured to the meander line.
Daniel R. Flamini RLS #/ S-2486
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