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CCR1981102RESOLUTION #102-81 APPROVING LEASE BETWEEN CARL WAUER AND THE CITY OF MUSKEG0 FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT WHEREAS, the City of Muskego has been leasing from Carl Wauer, 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 Carl Wauer and the City of Muskego for a one (1) year period. BE IT FUXTHER RESOLVED that the Mayor and Clerk are authorized to execute the lease agreement in the name of the City. FINANCE COMMITTEE Ald. Edwin Dumke Ald.fiayne Xadtke ATTEST This agreement is made between Carl Wauer 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. All that part of the Northwest Quarter (NW 1/4) of Section 18, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows. Commencing at the northeast corner of said North- west Quarter (NW 114) of Section 18; thence South 00 27" West along the east line of said Northwest Quarter (NW 1/4), 1054.29 feet to the point of be- ginning of lands herein to be described, thence of the Northwest Quarter (NW 1/4), 273.46 feet, continuing South Oo 27' West along said east line thence South 47'27' West, 500 feet, thence North 0'27' East, 273.46 feet, thence North 47O27' East, 500 feet to the point of beginning. Term. This lease shall be for a term of one year from and after the day of , 1981. The rental therefore shall be in the sum of $50.00 per year with payment to be made on the day of , 1981. 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 together with such other uses as may of a shooting range. Improvements. The City shall be the construction of said range The range for the City of Muskego, be incidental to the operation solely responsible for City may remove, level and rearrange such earth or other materials including trees, shrubberies, 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 buildings of a permanent nature on the premises without the express consent of the lessors, and provided further, that all permanent fixtures or structures erected thereon shall remain the property -2- of the City. In the event it becomes necessary that substantial amounts of material be removed from the site, or replaced on the site, the lessee shall have the option of removing the same, or a designating the replacing of the same, on the site, provided the same 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 shall take such measures as may be necessary to insure the safety of all persons using the range, or who may be on the premises 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 post in conspicuous areas on the range, signs which shall notify users and persons on the range regarding rules for the operation and use thereof. The City may at its discretion fence in so much of the range as it may deem advisable, but in no event shall it interfere with the use of the roadway along the west boundary the range by the lessor, its agents or employees. e Liability of Lessor. The lessor shall not be liable to the City, its agents, employees, servants, customers, visitors or 0 guests for any injuries or for injuries resulting in death occurring on or about the leased premises and the lessee agrees to hold lessor harmless from any and all such claims. The lessee shall carry a policy of public liability insurance covering the premises leased, which shall be maintained during the term of this lease, and any renewals or extensions thereof, in a minimum amount of One Hundred Thousand ($100,000.00) Dollars. Renewal. This lease may be renewed at the expiration of the term hereof at the option of the City for a period of five (5) years upon the same terms and conditions. The City will notify lessor of its intention to renew the lease within ninety (90) days of the expiration date hereof, but time shall not be of the essence with respect to said notice. -3- Termination. The City agrees that at the termination of this lease or any renewal thereof, upon sixty (60) day notice if said property is sold, it will promptly surrender the premises to the lessor and will have removed therefrom 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 this lease nor shall it be required to remove any concrete pits or abutments or other items which it may have constructed. In the event the City may desire to sell any buildings or structures on the premises at the expiration of this lease, the City and the lessor will negotiate for the sale thereof to the lessor. 0 Dated this day of , 1981. BY Carl Wauer STATE OF WISCONSIN ) ss WAUKESHA COUNTY ) . - to llle.known to be the person-who executed the foregoing instrument and Personally came before me this day of , 1981, Carl Wauer amnowledging that .he is the owner of said property. Notary Public, Waukesha County My comm. exp. PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, passed and approved the is hereby executed. day of , 1981, this lease BY Mayor City Clerk STATE OF WISCONSIN ) WAUKESHA COUNTY )