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CCR1979106RESOLUTION #106-79 8 APPROVING LEASE BETWEEN WAUER'S FUR FOODS, INC AND CITY OF MUSKEG0 FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT e WHEREAS, the City of Muskego has been leasing from Wauer Fur Foods, Inc. an area of land owned by them for the purpose of operating a police shooting range, and WHEREAS, the Finance Committee has recommended approval of the lease for a term of one (1) year, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve of a lease agreement between Wauer Fur Foods, Inc. and the City of Muskego for a one (1) year period. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the lease agreement in the name of the City. DATED THIS 3 2 DAY OF 9 1979. FINANCE COMMITTEE Ald. Ronald J. Ford &k??+ Ald. Ralph R. Tomcz9 ATTEST: D 5/79 LEASE This agreement is made between WAUER'S FLTR.FOODS, INC., hereinafter called lessors and the CITY OF MUSKEGO, Wisconsin, leesee. The lessors hereby agree to lease to and the City agrees to lease from the lessors the following described real estate: AI1 that part of the Northwest Quarter (NW 1/41 of Section 18, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wiscons'n, bounded and described as follows: Commencing at the northeast corner of said North- west Quarter (NW 1/41 of Section 18; thence South O"77' West along the east line of said Northwest Quarter (NW 1/41, 1054.29 feet to the point of be- ginning of lands herein to be described; thence continuing South O"27' West along said east line of the Northwest Quarter (NW l/4), 273.46 feet; thence South 47"27' West, 500 feet; thence North O"27' East, 273.46 feet; thence North 47"77' East, 500 feet to the point of beginning. Term. This lease shall be for a term of one year __ from and after the lstday of March , 1979. The rental there- for shall be in the sum'of $50 00 per year with payment to be made on the 1st day of March, 1979 Purpose. The purpose of this lease is to allow the City to use said premises for the construction, operation, maintenance and supervision of a police shooting range for the City of Muskego, together with such other uses as may be incidental to the operation of a shooting range. Improvements. The City shall be solely responsible for the construction of said range. The City may remove, level and rearrange such earth or other materials including trees, shrubberies, I ' "0 F etc. as may be necessary to construct bunkers, targets, target pits; shelters, buildings or other structures as in its sole dis- cretion is necessary and convenient for the efficient operation of the range, provided that the City shall not erect any build- ings of a permanent nature on the premises w consent of the lessors, and provided further fixtures or stkctures erected thereon shall ithout the express , that all permanent rema in of the City. In the event it becomes nececsary that amounts of material be removed from the site, or rep the property substantial laced on the site, the lessee shall have the option of removing the same, or designating the replacing of the same, on the site, provided the scme does not interfere with the proposed use by the city. Maintenance and operation. The City shall be solely responsible for the maintenance of the premises and the range and the operation thereof. The City shal I take such measures as may be necessary to insure the safety of all persons using the range, or who may be on the prsmises with the consent of the City, and shall enact rules and regulations pertaining to the use and operation of the range. The City shall be solely respon- sible for the supervision of the range at all times. In addition to other rules and regulations which it may enact, the City shall I. post in conspicuous areas on the range, signs which shall not users and persons on the range regarding rules for the operat and use thereof. The Citytmay at its discretion fence in so i fy I on much of the range as it may deem advisable, but in no event shal I it interfere with the use of the roodway along the west boundary o the range by the lessor, its agents or employees. Liability of Lessor. The lessor shall not be liable to the City, its agents, employees, servants, customers, visitors I- > e .' 3r guests for any injuries or for injuries r-sulting in death occurring on o'r about the leased premises and the lessee agrees to hold I-ssor harmless from any and all such claims. Tha Issse? shall carry a policy of public liability insurancs covering the premises leased, which shalI be maintained during the term of this leass, and any renewals or Sxtensions thereof, in a minimum amount of One Hundrsd Th3usand (3l00,OOO.UOj Dollars. 0 a Renewal. This leas? may be renewed at the expiration of the term hereof at the option of the City for a period of natify lessor of its intention ta rznew the leas? within nicety (90) days of the lxpirstion date hereof, but time shall not be of the essence with respect to said noEics. .. Termination. The City agrees that at thz termination of this Izase or any renewal thereof, upon sixty (60) day norice if said property is sold, It will promptly surrender the premises to the I-ssor and will have removed therefr,m all of its property and range equipment placed thereon, constructed, and maintained by the City in the operation of said range. The City shall not be required, however, to replace any earth or trees, shrubberies or other material .which-.it.>may have removed during the term of -, th is-.lease nor sha1.I it 'be required to remove any .concrete pits or abutments or other items which it may have constructed. In the event the City may desir.5 to sel'l' any-bCi.ldings or structures on the premises at the expiration of-this-lsase, ths City and the lessor will nsgotiate for the sale thereof to the lessor. -. .. m I. Dated this day of - , 1968. In Presence of: WAVER'S FUR FOODS, INC. - " - - " by: __. - Pres idznt - - Secretary I, t/ I 'I' 'a STATE OF WISCONSIN) WAUKESHA COUNTY 1 Personally 5s. came before me. this , President, and 1979 Secretary of the above named Corporation, to me known to be the day of persons who executed the foregoing instrument, and to me known to be such President and Secretary of said corporation, and acknow- ledged that they executed the foregoing instrument as such officers as the deed of said corporation, by its authority. Notary Public, Waukesha County, I My commission exp. PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and approved the day of 1979. this lease is hereby executed. In Presence of: pyyg - / /Mayor- STATE OF WISCONSIN) WAUKESHA COUNTY ) 1 ss l Personally came before me, this day of 1979, Jerome J. Gottfried, Mayor and Bette J. Bowyer, City Clerk, of the City of Muskego, a municipal corporation, to me known to be the persons who executed the foregoing instrument and to me known to be the Mayor and City Clerk of said City of Muskego, and acknowledged that they executed the foregoing instrument as such officers as the deed of said City, by its authority i: I Notary Public, Waukesha County My commission exp.