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CCR1986011RESOLUTION 1/11-86 APPROVAL OF LEASE AGREEMENT BETWEEN CITY OF MUSKEG0 AND CARL WAUER (SHOOTING RANGE) WHEREAS, the Common Council adopted Resolution 11177-85 on 8/13/85, approving a lease between Waste Management and the City for a shooting range, and WHEREAS, it has been determined that the shooting range is located on land still owned by Carl Wauer, and WHEREAS, Carl Wauer has recommended certain terminology changes including the "Liability of Lessor'' section, which would increase the liability insurance from $500,000 to $1,000,000 and the addition of the section entitled "Lessor's Right of Entry", and WHEREAS, the Finance Committee has recommended approval of the lease for a term of one year begininng August 1, 1985. NOW, 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, 1985 through July 31, 1986 with a rental fee of $1 .oo. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized review by the City Attorney. to execute the lease agreement in the name of the City, after FINANCE COMMITTEE r / LEASE This agreement is made between CARL WAUER, (Lessor). and CITY OF MUSKEGO, WISCONSIN, (CITY). The Lessor hereby agrees 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: Quarter (NW 1/4) of Section 18; thence South Oo 27' Commencing at the northeast corner of said Northwest West along the east line of said Northwest Quarter (NW 1/4), 1054.29 feet to the point of beginning of land herein to be described; thence continuing South 0' 27' West along said east line of the Northwest Quarter (NW 1/4), 273.46 feet; thence South 47O 27' West, 500 feet; thence North 0' 27' East, 273.46 feet; thence North 47O 27' East, 500 feet to the point of the beginning. TERM. This lease shall be for a term of one year from and shall be in the sum of $1.00 per year with payment to be after the 1st day of August, 1985. The rental therefore made on the 1st day of September, 1985. PURPOSE. The purpose of this lease is to allow the City to maintenance and supervision of a police shooting range for use said premises for the construction, operation, 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 shrubberies, etc., as may be necessary to construct bunkers, rearrange such earth or other materials including trees, targets, target pits, shelters, buildings or other structures as in its sole discretion 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 Lessor, and provided further, that all permanent fixtures or structures erected thereon shall remain the property of the City. In material be removed from the site, or placed on the site, the the event it becomes necessary that substantial amounts of Lessor shall have the option of removing the same, or desig- nating the placing 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 respon- sible for the maintenance of the Dremises and the range and may be necessary to insure the safety of all persons using, the operation thereof. The City s-hall take such measures as or i.;&roximity te, 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 responsible 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 of the range by the Lessor, its agents or employees. " -LIABILITY OF LESSOR. The Lessor shall not be liable to the guests or to any other person who may be damaged or injured City, its agents, employees, servants, customers, visitors, damage to property by reason of or arising by, through or including, but not by way of limitation, loss of life or herein provided. The City shall hold harmless and indemnify out of the City's right to use and improve the premises as Lessor from any such costs, claims, damages, expenses and liabilities and shall further maintain in force at all times during the terms hereof, a policy of public liability insur- ance covering the leased premises and naming the Lessor as Dollars ($l,ooo,ooo). additional insured, in the minimum amount of One Million 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. TERMINATION. The City agrees that at the termination of this lease or any renewal thereof, upon a 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 the event the City may desire to sell any buildings or abutments or other items which it may have constructed. In structures on the premises at the expiration of this lease, Lessor shall have the first right and option to purchase such buildings or structures. Any improvements to buildings or structures remalning on the premises 30 days after deemed abandoned and shall become property of Lessor. expiration or other termination of this lease shall be LESSOR‘S RIGHT OF ENTRY. Lessor reserves the right. exercisable at any time during the term hereof or any extensions thereof upon notice to the City to enter upon the premises for the purpose of testing, monitoring soils and water and constructing any improvements which may be or become necessary to protect, establish or preserve the environmental integrity of the adjacent waste disposal sites. The rights reserved in this paragraph are understood and agreed to be paramount and superior to any rights of City including the City‘s right of quiet enjoyment and possession hereunder or the continuation of the leasehold. DATED THIS 1 DAY OF -, 19a6. STATE OF WISCONSIN ) WAUKESHA COUNTY ) Personally came before me this x day of . 1986, (’F@c” /;~p,L/f to me known and acknowledging that he is the owner os said property. /. PURSUANT TO A RESOLUTION of the Common Council Of the City of Muskego, passed and approved the 1985, this lease is hereby executed. day of BY Wayne G. Salentine, Mayor BY Charlottte L. Stewart, City Clerk WAUKESHA COUNTY STATE OF WISCONSIN ) ) Personally came before me this day of 1985, and to me known to be the persons who executed the foreaoina instrument on behalf of the City of Muskego. - a Notary Public, Waukesha County My Commission Expires