CCR2005128.
.
.
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #128-2005
APPROVAL OF LIONS CLUB PAVILION STORAGE AGRE:EMENT
BETWEEN THE CITY OF MUSKEGO AND
MUSKEGO FESTIVAL COMMITTEE
WHEREAS, The attached Agreement with the Muskego Festival Committee has been
reviewed by the Finance Committee and has been recommended for 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 Agreement between the City of Muskego and lVIuskego Festival
Committee for storage in the Lions Club Pavilion at Veterans Memorial Park.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Agreement in
the name of the City.
DATED THIS 28th DAY OF June ,2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Nancy Salentine
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #1 :~8-2005 which
was adopted by the Common Council of the City of Muskego.
6/05jmb
8
.
.
LIONS CLUB PAVILION STORAGE
AGREEMENT WITH THE FESTIVAL COMMITTEE:
This agreement is made and effective as of the First day of July, 2005, and runs thru the
Thirtieth day of June, 2015, by and between the Muskego Community Festival, Inc. (the
"Festival Committee") and the City of Muskego (the "City"). This agreement is
renewable with consent of both parties.
Section One: Introduction
Purpose
A. This agreement is meant to give the Festival Committee exclusive use rights
for the main storage area in the Lions Club Pavilion at Veterans Memorial
Park.
Section Two: Contact Persons
Contact person from the Festival Committee will be the Festival Committee President.
The Festival Committee will also be responsible for listing an alternate contact.
The contact for the City will be the Parks & Recreation Director.
Section Three: Maintenance and Operation of Storage Area
The City hereby agrees to lease to the Festival Committee and the Festival
Committee agrees to lease from the City the following described real estate.
Portion of park pavilion, described as large storage area,
NW 'l4 NE 'l4 Sec 16 T5N R20E EX
ELEC RR & SE 'l4 NW 'l4 VOL
1085/1839.535 AC. EX VOL
813/303 EX VOL 928/257,
966/397977/217 & 2191005/42,
1056/618 EX HY (29.85 AC REMAINING)
VOL 1146 PG 582
DEEDS EX MUSKEGO IND PARK
& EX R 1411079
A. The Festival Committee shall be solely responsible for maintaining the rental
property in good condition during the term of this agreement. Any
improvements, additions or install improvements are subject to prior review
and approval by the Parks and Recreation Board and will be at the expense of
the Festival Committee.
B. The Festival Committee agrees that they will not allow rubbish to accumulate
in any form on the premises used by them or at a prescribed distance from
such facility used by them. The City will not provide garbage service for their
operation.
.
C. The Festival Committee agrees that they will, at their own expense, cause all
damage or injury to the property of the City of Muskego to be repaired if the
Festival Committee, their agents or employees cause such damage.
D. The Festival Committee agrees that no sign or advertising matter of any kind
shall be displayed on the building or grounds at Veterans Memorial Park
unless approved by the Parks and Recreation Board and, if necessary, Plan
Commission of the City of Muskego.
E. The Festival Committee shall not, without written consent of the City of
Muskego, sublet the premises or any part thereof for storage use by a third
party, nor assign, hypothecate or mortgage the agreement.
F. Those persons representing the City of Muskego reserve the right, exercisable
at any time during the term hereof, or extension thereof, to enter the premises
for the purpose of inspection and making repairs to the building for the proper
preservation and maintenance of said premises.
G. If the premises are destroyed by fire, flood, casualty, war or any other
purpose, then the agreement at the option of either party shall c,ease and come
to an end. But in case of any partial damage, the City of Muskego may restore
the premises to the previous condition.
H. The Festival Committee shall be responsible for maintaining their door locks
and keys, to the main storage area, as 3l separate key entry system from the
City used door locks and key system. A key for the Festival Committee
storage room doors will be kept within the Parks and Recreation Department
key lock box.
.
Section Four: Legal Provisions
Other Governmental Regulations. This agreement is subject to any and all governmental
regulations as they may be amended from time to time over the term of this agreement. If
the agreement is in conflict with said regulations, the regulations must be followed.
Assignment. Neither the Festival Committee nor the City may assign its interest under
this Agreement without the other party's prior written consent, which may be granted or
withheld in such party's sole reasonable discretion.
Notices. All notices permitted or required by this Agreement shall be given in writing
and shall be considered given upon receipt if hand delivered to the party or person
intended, or upon facsimile transmission to the fax numbers set forth herein, or one
business day after deposit with a nationally recognized overnight commercial courier
service, air bill prepaid, or three (3) business days after deposit in the United States mail,
postage prepaid, by certified mail, return receipt requested, addressed by name and
address to the party or person intended as follows:
To the Festival: Muskego Festival Committee
P.O. Box 167
Muskego, \VI 53150
Attn: President
To the City: City of Muskego
W182 88200 Racine Avenue
Muskego, ViI 53150- 0749 .
.
.
.
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
Governing Law. This Agreement concerns real property located in the State of
Wisconsin, and shall be interpreted and construed according to the laws of the State of
Wisconsin.
Severability of Provisions. If any of the terms or conditions contained herein shall be
declared to be invalid or unenforceable by a court of competent jurisdiction, then the
remaining provisions and conditions of this Agreement, or the application of such to
persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
Captions. The captions in this Agreement are inserted only as matters of convenience
and for reference and in no way define or limit the scope or intent of the various
provisions, terms or conditions hereof.
Binding Effect. The terms and conditions of this Agreement shall be binding upon and
benefit the parties hereto and their respective successors and permitted assigns.
Entire Agreement. This writing constitutes the entire agreement between the parties
hereto, and all prior statements, letters of intent, representations and offers, if any, are
hereby terminated. This Agreement may be modified or amended only by written
instrument signed by both parties
Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original.
Representations as to Authority. Each party to this Agreement represents and warrants
that: (a) it has the power and authority to consummate the transactions contemplated by
this Agreement; (b) all proceedings necessary for it to consummate the transactions
contemplated by this Agreement have been duly taken in accordance with law; and ( c)
the persons executing this Agreement on behalf of it have been duly authorized to
execute this Agreement.
Termination. The Festival Committee agrees that at the termination of this lease or any
renewal thereof, they will promptly surrender the premises to the City and will have
removed therefrom all of its appliances and equipment, placed thereon, and maintained
by the Festival Committee in the operation of said concession operation. Any appliances
or equipment remaining on the premises 30 days after expiration or other termination of
this lease shall be deemed abandoned and shall become property of the City. The
Festival Committee agrees that they will peaceably vacate all premises occupied by them
and deliver to the City of Muskego in good condition all premises used by them, ordinary
wear and tear, damage by fire and by the elements excepted.
Fax Signatures. The parties agree that fax signatures shall be binding on the parties
hereto.
Section Five: Insurance
The City shall not be liable to the Festival Committee, their agents, employees, servants,
customers, visitors, guests or to any person who may be damaged or injure:d including,
but not by way of limitation, loss of life or damage to property by reason or arising by,
through or out of the Festival Committee right to use and improve the premises as herein
provided. The Festival Committee shall hold hannless and indemnify the City from any
.
.
.
such costs, claims, damages, expenses and liabilities and shall further maintain in force at
all times during the term hereof, a policy of renters insurance and the Festival Committee
shall furnish to the City, as requested annually, a certificate of said insurance.
Dispute Resolution. In the event of a dispute between the Festival Committee and the
City arising out of this Agreement or the use ofthe Facilities, the Festival Committee and
the City agree to attempt to resolve such dispute through mediation. In the event that the
Festival Committee and the City cannot agree upon a mediator, they shall each propose a
qualified mediator, and such quålified mediators shall choose a qualified third-party who
will mediate the dispute. In the event that mediation does not resolve the dispute, the
Festival Committee and the City agree to submit the matter to binding arbitration. Such
arbitration shall be conducted in accordance with the then-current rules for commercial
arbitration of the American Arbitration Association. The arbitration shall be before one
arbitrator who is chosen in accordance with the American Arbitration Association
procedures. The arbitrator's decision in the dispute shall be binding.
I have reviewed these rules and fully understand the implications of them to the Festival
Committee.
IN WITNESS WHEREOF, the parties have executed this agreement.
Signature of Festival Committee President
Date
Signature of Festival Committee Secretary
Date
Toby Whipple, President
Parks & Recreation Board
~P1~ Charles H. Damaske, Mayor :~:OfM~ t. ~OQ)~