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CCR1984151RESOLUTION #151-84 THE CITY OF MUSKEG0 FOR A SHOOTING RANGE APPROVING LEASE BETWEEN CARL WAUER AND FOR THE POLICE DEPARTMENT WHEREAS, the City of Muskego has been leasing from Carl Wauer, an area of land owned by him for the purpose of operating a police shooting range, and WHEREAS, the Finance Commitee 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, 1984 through July 31, 1985 with a rental fee of $50.00. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the lease agreement in the name of the City. FINMCE C~MITTEE Ald. Edwin P. Dumke Ald. ,!$itchel Pengvich *d +3% Ald. RBlph Tomczyk ATTEST : City Clerk 8/84 ca LEASE This agreement is made between Carl Wauer hereinafter called lessors and the CITY OF MUSKEGO, Wisconsin, lessee. 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 1/4) of Section 18; thence South 0' 27' West along the east line of said Northwest Quarter (NW 1/4), 1054.29 feet to the point of beginning of lande herein to be described; thence continuing South 0' 27' West along said east line of the Northwest Quarter (NW 1/4), 273.46 feet; Oo 27' East, 273.46 feet; thence North 47' 27' thence South 47' 27' West, 500 feet; thence North East, 500 feet to the point of the beginning. TERM This lease shall be for a term of one year from and after theist day of August, 1984. The rentti1 therefore ehall be in Lhe eum of $50.00 per year with payment to be made on the 1st day of September, 1984. 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, etc., as may be necessary to construct bunkers, targets, target pits, shelters, buildings or other structures as efficient operation of the range, provided that the City shall in its sole discretion is necessary and convenient for the without the express consent of the lessors, and provided further, not erect any buildings of a permanent nature on the premises that all permanent fixtures or structures erected thereon shall reroain the property of the City. In the event it becomes neceosary that substantial amount8 of material be removed from the site, or replaced on the site, the lessee shall have the eame, on the site, provided the same does not interfere with the option of removing the same, or designating the replacing of the proposed use by the City. MAINTENANCE AND OPERATION The City shall be solely responsible for the malntenance of the premises and the range and the operation thereof. The City shall take such measures as may be who may be on the premises with the consent of the City, and necessary to insure the safety of all persons using the range, or shall enact rules and regulations pertaining to the use and operation of the range. The City shall be solely responsible for the supervieion 04 the ranga at ali times. In addition to other rules and regulations which it may enact, the City shall poet in conspicuous areas on the range, signs which shall notify users rlnd peroons on the range regarding rule0 for the operatlon und 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 'Ynterfere with the use of the roadway along the west boundary the rhge by the lessor, its agents or employees. \ -2- LIABILITY OF LESSOR The lessor shall .not be liable to the City, its aaents. emDlovees. servants. customers, visitors or guests 0 ~ ~Y for any injuries or for injuries resulting- in death occurring on or about the leaeed premiees 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. mat the option of the City for R period of five (5) years RENEWAL This lease may be renewed at the expiration of the term upon the same terms and conditions. The City will notify lessor of itu intention to renew the leaoe within ninety (90) days of the expiration date hereof, but time shall not be oP the essence with respect to said notice. TERMINATION The City agrees that at the termination of this property is sold, it will promptly surrender the premises to the lease or any renewal thereof, upon sixty (60) day notice if said 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. DATED THIS day of 1984 - BY Carl Wauer STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this day of 1984, to me known to be the person who executed the foregoing instrument and acknowledging that he is the owner of said property. motary Public, Waukesha County My comm. exp. PURSUANT TO A RESOLUTION of the Common Council of the City of Muskego, p-ssed and approved the day of , 1984, this lease is hereby executed. BY BY Wayne G. Salentine, Mayor Charlotte L. Stewart,City Clerk - - .. "~ - -~- - - STATE OF f1SFONSJ.N"- WAUKESHA COUNTY i - - - ~ -, - Personally came before.me this day of 1 984 , and me known to be the persons who executed the foregoing instrument on behalf of the City of Muskego 9 to My Comm. exp. Notary Public, Waukesha Countf 8/84 ca