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psca20130411att2'fA Q c4 W v SKEGO March 13, 2013 To: Finance Committee & Common Council PARKS AND RECREATION DEPARTMENT W182 S8200 Racine Avenue PO Box 749 Muskego WI 53150-0749 Office (262) 679-4108 Fax (262) 679-5637 From: Craig Anderson, Parks & Recreation Director Re: 2013 Water Bugs Ageements (Usage Dates/Pier Placement/Water Ski Jump) The Parks & Recreation Board is recommending approval of the usage dates and pier placement agreement. The 2013 park usage dates include 31 practice and 14 show dates (31 practices/14 show dates for 2012). The volume of the public address announcer has historically been a problem and in 2012, the Parks & Recreation Board made this a priority with the Water Bugs. We are happy to report that improvements were made with no justified loud noise complaints to the Police Department. The pier placement agreement is for the placement of their pier, affixed to the shoreline of Idle Isle Park. There have been no changes to the pier agreement from last year. Common Council approves the water ski jump agreement. The ski jump is to be placed in the same spot as last year (Public Safety Committee decided this). Island ownership was changed to Scott Dickmann for 2012, and the Water Bugs should be providing the city a copy of the agreement between both parties for ski jump placement that is adjacent to this privately owned island. Both agreements are attached along with the list of usage dates. A Water Bugs representative will be in attendance. Thank you for your consideration. AGREEMENT WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO THIS AGREEMENT is made by and between the Water Bugs Ski Team, Inc., a Wisconsin corporation, hereafter referred to as "the Corporation," and the City of Muskego, hereafter referred to as "the City." WHEREAS, the Corporation understands it is necessary for the Corporation to obtain appropriate approvals from the Wisconsin Department of Natural Resources, hereafter referred to as "the WDNR," to place a water ski jump on the bed of Little Muskego Lake; and WHEREAS, the City's approval of the placement of said ski jump is conditioned upon the execution of this Agreement, NOW, THERERFORE, in exchange for the execution of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Corporation and the City agree as follows: 1. Term of Agreement. a. The term of this Agreement shall commence on the date on which the Corporation obtains all required approvals from all governing bodies and agencies, including, but not limited to, the WDNR, for placement of a water ski jump on the bed of Little Muskego Lake. The Corporation shall provide the City copies of all approvals obtained by the Corporation under this Agreement. Unless earlier terminated by action of the City, the term of this Agreement shall terminate on the 21 st day of September, 2013. b. The term of this Agreement shall automatically terminate in the event the Corporation is properly ordered or otherwise required to remove the water ski jump from the bed of Little Muskego Lake by any governmental authority or agency. C. Upon termination of this Agreement, the Corporation shall remove the ski jump from the bed of the lake, together with any related equipment and materials, within seven (7) calendar days or no later than September 28, 2013. 2013 Agreement— Regarding Ski Jump Water Bugs Ski Team, Inc. and City of Muskego Page 2 2. Ownership and Placement of Ski Jump, a. At all times during the term of this Agreement, the Corporation shall be the sole owner of the ski jump located at Idle Isle Park, W182 S6666 Hardtke Drive, and MSKC#2189.999, (island owned by Scott K. Dickmann Revocable Living Trust), in the City of Muskego. The Corporation cannot, without the prior written approval of the City, assign any ownership interests in the ski jump or any of the Corporation's rights, duties or obligations under this Agreement to any person, entity or association. b. The Corporation shall be responsible for the physical placing and removal of the ski jump on and from the bed of Little Muskego Lake. The physical location of the ski jump on the bed of the lake shall be subject to the direction and decision of the City. C. While the ski jump is on the bed of the lake, the Corporation shall cause the installation, maintenance and operation of a flashing yellow light on the ski jump, from dusk to dawn. The flashing yellow light must be visible for at least 500 feet in all directions. d. The Corporation shall be solely responsible for and shall promptly perform all maintenance and upkeep required or recommended for the ski jump. In the event the Corporation fails, at any time, to perform any maintenance or upkeep reasonably deem necessary by the City, upon written notice to the Corporation, the term of this Agreement shall immediately terminate. 3. Liability Matters. a. The Corporation shall indemnify the City and hold the City harmless against and from any and all liabilities, fines, suits, claims, demands and actions, including costs and expenses of any kind or nature, including, but not limited to, attorneys' fees, brought or asserted by anyone due to or arising out of (a) any default by the Corporation in observing any provision of this Agreement required to be observed and performed by the Corporation, or (b) any damage to property or injury to person or persons, including death, occasioned by or resulting from the Corporation's ski jump. b. During the term of this Agreement, the Corporation, at its expense, shall maintain comprehensive general liability coverage, bodily injury coverage, and property damage coverage, insuring the Corporation and the City against liability for injury to persons or property occurring on or about the ski jump or arising out of the ownership, maintenance, or use of the ski jump. The insurance shall have a limit of not less than $1,000,000 per occurrence with an aggregate limit of not less than $2,000,000. The Corporation shall cause the City to be named as an additional insured for the types and limits of coverage stated above in respect to this Agreement, and shall, upon request by the City, provide the City a certificate of insurance demonstrating the Corporation's 2013 Agreement — Regarding Ski Jump Water Bugs Ski Team, Inc. and City of Muskego Page 3 compliance with the above insurance provisions. C. The Corporation and its insurance carrier(s) shall provide the City not less than a 30-day notice of any change in the terms or conditions, or the cancellation of any of the required types and limits of insurance coverage. 4. Notices. a. Notices required or permitted by this Agreement shall be given by certified mail, addressed: In the case of the Corporation, to: Mark Moriarty, President Water Bugs Ski Team, Inc. P.O. Box I I I Muskego, WI 53150 In the case of the City, to: Director of Finance/Admin. City of Muskego W 182 S8200 Racine Avenue P. O. Box 749 Muskego, WI 53150-0749 b. Notice shall be deemed to have been given on the date such notice is postmarked by the United States Post Office. 5. Miscellaneous. a. The failure of either party to insist on strict performance of any term, covenant, or condition hereof, or to exercise any option herein contained shall not be construed as a waiver of such term, covenant, condition, or option in any other instance. b. This Agreement cannot be changed orally, but only by an instrument signed by both parties. C. This Agreement shall be construed in accordance with and governed by the laws of the State of Wisconsin. IN WITNESS WHEREOF, the Corporation and the City have duly executed this Agreement on the day of May, 2013. Water Bugs Ski Team, Inc. IN Mark Moriarty, President 2013 Agreement — Regarding Ski Jump Water Bugs Ski Team, Inc. and City of Muskego Page 4 Attest: , Secretary City of Muskego al Attest: Kathy Chiaverotti, Mayor Sharon Mueller, Director of Finance/Administration