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CCR1983229RESOLUTION # 229-83 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 from August 1, 1963 through July 31, 1984. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the lease agreement in the name of the City. e DATED THIS 23 DAY OF n UGUS7- , 1983. FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Mitch Penovich CLL CdL Ald. Charles Colburn ATTEST City Clerk LEASE 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 fi.om 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 CuIIlIlI~I1cill~ ut tile IIU~~IICUSL CoI'IICr 01' ~:~ld NoI'LII- west Quarter (NW 1/4) of Section 18, thence South Qunrrur (NW 1/4), 1054.29 feet Lo the point 01 be- Oo 27'. West along the east line of said Northwest ginning of lands herein to be described, thence continuing South Oo 27' West along said east line of the Northwest Quarter (NW 1/4), 273.46 feet, thcnce 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 1st day of August , 1983. The rental therefol'e shall be in the sum of $50 00 per year with payment to be made on the lst day of September198 3. - Pur~. 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, egether with such other uses as may be incidental to the operation of a shooting range XJl'ovements. The City shall be solely responsible for the construction of said range The City may remove, level and YearranFe such earth 01' other 111aterials including trees, sllrubberies, etc. as lllay be necessary to construct bullkers, targets, target pits, shelters, buildings or other structures as in its sole dis- crecion is necessary and convenient lor the efficient operation tlw range, provided tllat the City shall not erect any builcli.ngs of a permiinent nuture on the premises without the express c onsent of the lessors, and provided further, that all permanent fixtures or structures erected thereon shall remain the property -2- &he 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 ol' removing the same. or designating the replacing of the same, on the site, provided the @,me 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 uy , 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 und use thercol. The City III;LY at its discretion Pence 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. Liability of Lessor. The lessor shall not be liable to the my, its agents, employees, servants, customers, visitors or I 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 I amount of One Hundred Thousand ($100,000.00) Dollars. e Renewal. This lease may be renewed at the expiration of the term hereof at the option of the City for a period of a e (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- e 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 expiratior of this lease, the City and the lessor will negotiate for the sale thereof to the lessor. Dated this /~ day of BY Carl Wauer STATE OF WISCONSIN VAUKESHA COUNTY ) ) ss Perso ally came before me this IM day of *f 1983, &d instrument and acknowledging that he is the owner of said property. t )&LJA to me known to be the person who ex cu ed the fore oing A2 klALL LL ary Public, lfbukesha County ~i; CO& exp. /o la I 8;~ PURSUANT TO A RESOLUTION of the Common Coun . Muskego, passed and approved the ABeqday , 1983, this lease is hereby executed. BY STATE OF WISCONSIN ) WAUKESHA COUNTY 0