FM20060314 Historical Society(DRAFT)
AGREEMENT BETWEEN THE CITY OF MUSKEGO
AND THE MUSKEGO HISTORICAL SOCIETY, INC.
This agreement is made the day of , 2006, and supersedes agreement's dated
November 13, 1973; November 21,.1985 and July 16, 1991. This agreement is made by
and between the City of Muskego, a municipal corporation, hereinafter called the "City",
and the Muskego Historical Society, Inc., a non -stock, non-profit corporation, in accord
with Wisconsin Statute 44.03 (1), hereinafter called "Society"
Whereas it is the intention of the City of Muskego and the Muskego Historical Society to
deliver educational, social, recreational, and cultural services to all members of the
community.
And whereas, the Society is desirous of using certain existing building and premises,
appurtenances thereto, known as the Old Muskego Settlement Centre and having the post
office address of W183 S8100 Racine Avenue, Muskego, Wisconsin, 53150, for the
purpose of using same as a site for the Muskego Historical Society.
It is hereby agreed between the parties as follows:
Old Muskego Settlement Centre (New description of lands)
Including existing buildings and appurtenances thereto. Wollman House, Mill Valley
Schoolhouse, Church, Heinrich Log Cabin, Kearny Log Cabin, Machinery Shed,
Museum Barn and East Wing (lower level) of Old Muskego Town Hall.
1. Upon the execution of this Agreement by both parties, the old Agreements
referred to above are terminated.
2. This agreement is for an undetermined term and shall terminate upon either party
giving a 30 days' written notice of said termination to the other.
3. The existing well building is exempt from this agreement. The City shall pay for
any expenses for well maintenance and well repair, and up -keep and repair of
pump house.
4. The Society shall make all incidental repairs up to ($2,500) to the interior or
exterior of the demised premises, and maintain the buildings and adjacent areas in
good condition. These repairs must have the approval of the Engineering
Department of the City. This will include repairs of the roof, and walkways, as
well as repairs as required because of water entering the premises from the roof or
other parts of the building or from other causes not under the control of the
Society.
5. The City agrees to maintain major grass and parking areas of the site and to plow
from the roads, pathways and the parking lot on a non -priority basis.
6. The City, shall at its expense, at all times during this agreement, maintain in force
a policy or polices of insurance, which will insure the City against liability for
injury to or death of persons or loss of damage to property occurring in or about
the demised premises. Such insurance shall not be less than $1,000,000 combined
single limit for bodily injury or property damage. The City shall provide all risk
insurance for physical damage for the buildings. The City shall be held harmless
for any loss or damage to the contents of the buildings. In the event that part of, or
all of the building named herein are damaged or destroyed by fire, water, wind,
vandalism, or any act of God, the City agrees that the insurance proceeds shall be
used for the reconstruction, replacement or repair of the damaged property.
7. The Society will not use or keep in or about the premises any article which would
in any way affect the validity of the City's fire insurance policy.
8. The Society has examined and knows the condition of the premises and received
the same on an "as is" basis.
9. The City does hereby agree to allow the Society to use the Lower Level (East
Wing) of the Old Muskego Town Hall as for an artifact and record keeping room.
10. Any changes desired by the Society in the site for the Old Muskego Settlement
Centre or construction of additional buildings must have prior approval of the
Parks and Recreation Board, the Plan Commission and the Common Council of
the City of Muskego. Such changes/additions shall become part of the premises,
and shall not therefore be removed without the consent of the City.
11. If at any time there is a major repair interior or exterior of ($2,500 or more) on
any of the building, the Society and the City will work together to get the building
safe for the public. If no joint effort is reached the building will be closed until it
will be safe for the public.
12. The Society shall furnish the City Clerk's office with a brief report by February 1
of each year concerning the renovations, maintenance, condition. of buildings and
financial statement. An annual review of this agreement will be made by the
Common Council.
13. The Society shall provide the City keys to all building, alarms, or any
appurtenances requiring keys, at the time of this agreement is signed. The
necessary keys shall be made available to the Parks and Recreation Director and
the Muskego Police Department for access to all keyed areas.
14. The Society shall not assign this agreement to anyone else.
15. If the premises shall be deserted or become vacant during this agreement or any
breach in the performance of any of the covenants herein contained, or a violation
of any of the terms and conditions hereof, the City or its representatives may.
terminate this agreement upon 30 days' notice and may re-enter the premises
without liability to the Society. City shall be entitled, nevertheless, to hold the
Society liable for any charges due and to become due to the City by virtue of this
agreement.
16. If the Society shall become inactive or defunct, Wisconsin Statute 44.03(3) (and
amendments thereto Successor Statutes) shall apply to the title to the property of
said agreement. The City of Muskego shall be named as the protector of such
property, records and collection.
17. The Muskego Historical Society agrees that all minutes and financial records of
the Society shall be made available to the City for inspection at any time during
this agreement upon seven (7) days' notice.
18. The Society's interests are also subordinate to that of the use by the city and/or its
representatives in conducting the Muskego Community Festival and the Treasure
of the Holidays on the premises during this agreement, the City and/or its
representatives may construct any temporary structure it deems necessary in the
conduct of such festivals.
19. The City further agrees to allow the Muskego Historical Society to use portions of
the City Hall complex area for Civil War Days or other events which do not
interfere with any events held by the City or its representatives. All events must
be scheduled thru the Park & Recreation Department.
20. Not included in this agreement, besides well building, are boardwalks, sanitary
sewer, water mains, asphalt paths or any other utility easements.
CITY OF MUSKEGO MUSKEGO HISTORICAL SOCIETY, INC.
Mayor
President
City Clerk Secretary
Dated: 3/9/06