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CCR2008098-access-Fickau-Agreement ACCESS AGREEMENT THIS AGREEMENT is made by and between the City of Muskego, a Wisconsin Municipal Corporation in Waukesha County, and Lyle Fickau. The property, which is the subject of this agreement, is described as follows: Engel Conservation Land: SEE ATTACHED LEGAL DESCRIPTION – Exhibit A Tax Key No. MSKC 2238.992 INTENT: The intent of this agreement is to provide access to adjacent farmland (Tax Key No. MSKC2239.999) situated west of the Engel Conservation Land that is leased by Lyle Fickau from others for farming purposes. DESCRIPTION: lands subject to agreement are depicted in Exhibit B and described as follows: A 25-foot wide access drive from Henneberry Drive northward and westward through the subject property to leased lands described above shall be available free of charge for ingress and egress for the purpose of planting, managing, and harvesting crops on farmlands within Tax Key No. MSKC2239.999 as depicted in Exhibit B. LIABILITY INSURANCE: Lyle Fickau shall, at his own expense and at all times during the term of this access agreement, maintain in full force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure the City of Muskego against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the City prior to entering said property. ASSIGNMENT: This agreement shall not be assigned by Lyle Fickau to another without the expressed written consent of the City. TERMS AND RENEWAL: The access of said property shall be for the term of one year, free of charge, commencing on the_____day of ________, 2008, and ending the 31st day of December, 2008. This agreement is not subject to automatic renewal after the one (1) year period. Lyle Fickau shall notify the City of Muskego Conservation Coordinator to renew the agreement. Page 1 of 2 Pursuant to Resolution #098-2008 passed and approved on 5/13/2008 by the Common Council of the City of Muskego, this Access Agreement is hereby executed this day of , 2008. ______________________________________ Lyle Fickau __________________________ City of Muskego John R. Johnson, Mayor Attest: __________________________ City of Muskego Janice Moyer, City Clerk-Treasurer Page 2 of 2