CCR2015050-Agreement
PARK ARTHUR EQUESTRIAN TRAIL AGREEMENT
This agreement is made and effective as of the _____ day of __________, 2015, by and between Bob
Janke d/b/a 4J’s Equestrian Center (“Stable Owner”) and the City of Muskego (the “City”).
Preamble
A. Properties. Although neither party warrants title to the other, the City is believed to be the
owner of a property known as Park Arthur, further identified by Tax Key Number MSKC2173993
(the “Park”); and the Stable Owner is believed to be the owner of property located next to the
park addressed as S36W17271 College Avenue, known as Tax Key Number MSKC 2173998 (the
“Stable Property”).
B. Purpose. It is the intention of the City and the Stable Owner to share use and responsibility for
the ongoing maintenance and repair of an equestrian trail, to be located in the Park. It is further
the intention of the City and the Stable Owner that the Park Equestrian Trail shall be a City
facility, open to the general public.
C. Consideration. The Stable Owner has determined that use of the Park for equestrian trail riding
will enhance its business, and the City has determined that having an equestrian trail in the Park
will be a benefit to the City and its residents. The City and the Stable Owner, upon their mutual
promises, and upon the foregoing mutual benefits, find that there is ample consideration for
this agreement and hereby intend to be bound.
Section One: Use of the Park
A. Park Area. The Stable Owner will only be allowed to conduct equestrian activities in the specific
equestrian trail area shown on Exhibit A, attached hereto and incorporated herein by reference
(the “Equestrian Trail”).
B. Park Use. The Park Equestrian Trail uses shall be conducted in a manner that is consistent with
the multiple shared uses of the Park. The equestrian uses shall have no priority over any other
uses of the Park, and shall yield to pedestrians, vehicles and other users of the Park.
C. Obstructions to Use of the Equestrian Trail. Neither the City nor Stable Owner, nor any person
permitted to use the Equestrian Trail under the terms of this agreement, may utilize the
Equestrian Trail in a way that permanently interferes with its use by any other person permitted
to use it. Any obstructions or impediments to the use of the Equestrian Trail contrary to the
terms of this agreement may be removed, without notice, by the City and the costs of such
removal shall be borne by the party causing or responsible for such obstruction. The Stable
Owner’s uses must not interfere with Park operations. The City reserves the right to close off
areas of the Equestrian Trail as it deems to be necessary for Park operations.
Section Two: Stable Owner Responsibilities
A. Maintenance. The Stable Owner shall keep the Equestrian Trail graded; shall remove horse
droppings in a timely manner; shall remove litter from the Equestrian Trail; and shall spread
woodchips, to ensure that the Equestrian Trail is a safe and sanitary amenity of the Park at all
time. The Stable Owner shall use Stable Owner’s own equipment and personnel for all
maintenance activities.
B. Education. The Stable Owner shall educate the Stable Owner’s customers on the proper use of
the Equestrian Trail.
C. Inspection. The Stable Owner shall inspect the Equestrian Trail at least once per week and shall
notify the City in the event the inspection reveals any defective conditions, hazardous
conditions, or other concerns.
D. Rules and Signage. The Stable Owner shall assist the City in developing rules and associated
signage for Equestrian Trail users.
E. Limited Private Access. As further consideration for this agreement, the Stable Owner agrees
that it will make its private Equestrian Trail, located on the Stable Property, available to
equestrian uses by the general public, subject to the following limitations. Any such equestrian
rider must first obtain approval from the Stable Owner, before entering the Stable Property.
The Stable Property Owner reserves the right to prohibit such access to riders who fail to follow
the Stable Owner’s policies and rules.
Section Three: City Responsibilities
A. Signage. The City shall purchase, install and maintain signage along the Equestrian Trail, and
also in the parking lot for trailer stalls (if needed).
B. Oversight. The City shall monitor the Equestrian Trail as needed, and shall notify the Stable
Owner of any defective conditions, unsanitary conditions, or other concerns. In the event the
Stable Owner fails to correct the conditions identified by the City within the time required by
the City, the City reserves the right to close the Equestrian Trail, or to terminate this agreement,
or to take such other action as the City deems to be appropriate.
Section Four: Legal Provisions
A. Enforcement of Agreement - The City shall have the right to legally enforce this agreement and
the covenants, conditions and restrictions set forth herein, by whatever action or actions are
legally available, including, without limitations, enjoining any violation or threatened violation
hereof.
B. Amendments - This agreement may not be modified, amended or terminated except by
execution of a written instrument signed by all owners.
C. Severability - If any provision or specific application of this agreement is found to be invalid by a
court of competent jurisdiction, the remaining provisions or specific applications of this
agreement shall remain valid and binding.
D. Default. Should either party fail to carry out this agreement, the other party shall be entitled to
exercise any and all available rights and remedies at law or in equity.
E. Assignment. Neither the Stable Owner 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 discretion.
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F. No Warranties or Representations; and Indemnification. The City makes no representations or
warranties whatsoever about the Equestrian Trail, the safety thereof, its fitness for a particular
purpose or any other aspect of the trail. In addition to, and not to the exclusion or prejudice of,
any provisions of this agreement or documents incorporated herein by reference, the Stable
Owner hereby waives all claims arising out of this agreement, and shall indemnify and save
harmless and agrees to accept tender of defense and to defend and pay any and all legal,
accounting, consulting, engineering and other expenses relating to the defense of any claim
asserted or imposed upon the City, its officers, agents, employees and independent contractors
growing out of this agreement by any party or parties. The Equestrian Trail is a recreational
trail, and all uses of the trail are conducting recreational activities, even in the maintenance
thereof, pursuant to Wisconsin Statutes Section 895.52. Nothing herein constitutes a waiver of
protections afforded to the City by Wisconsin Statutes Chapter 893 or 895 or other applicable
laws.
G. 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 Business: Bob Janke
d/b/a 4J’s Equestrian Center
S63W17271 College Avenue
Muskego, WI 53150
To the City: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
H. 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.
I. 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.
J. 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.
K. 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.
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L. 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.
M. Counterparts. This agreement may be executed in one or more counterparts, each of which will
be deemed an original.
N. 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.
O. Fax Signatures. The parties agree that fax signatures shall be binding on the parties hereto.
Section Five: Insurance
At all times during the term of this agreement, Stable Owner shall provide a copy of their insurance
policy to the City.
Section Six: Term
This agreement shall be effective for an initial term of two (2) years, to expire on the second anniversary
of its effective date. The parties may agree to continue the agreement for additional years, by separate
written agreement.
Section Seven: Termination
This agreement may be terminated by either party with or without cause upon written notice, to be
effective 30 days following the date of the notice, subject to the following. Upon termination of this
agreement, the City shall have the right to prohibit the Stable Owner and patrons of the Stable Owner
from using the Equestrian Trail in relation to the Stable Owner’s business operations.
IN WITNESS WHEREOF, the parties have executed this Park Arthur Equestrian Trail Agreement.
Dated this _____ day of _______________, 2015.
City of Muskego
ATTEST:
By: ________________________________ By: __________________________________
Print Name: Kathy Chiaverotti Print Name: Sharon Mueller
Title: Mayor Title: Finance/Admin. Director/Clerk
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
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Personally came before me on this _________ day of ________________, 2015, the above-named Kathy
Chiaverotti, Mayor; and Sharon Mueller, Finance/Admin. Director/Clerk, executed the foregoing
instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
Dated this _____ day of _______________, 2015.
BOB JANKE d/b/a 4J’S EQUESTRIAN CENTER
By: _________________________________
Print Name: __________________________
Title: ________________________________
STATE OF WISCONSIN )
) ss.
COUNTY OF WAUKESHA )
Personally came before me on this _________ day of ________________, 2015, the above-named Bob
Janke executed the foregoing instrument and acknowledged the same.
_______________________________
NOTARY PUBLIC, STATE OF WI
My Commission Expires: ___________
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