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CCR19862244 CORRECTED RESOLUTION #224-86 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 Committee has recommended approval of the lease for a term of one (1) year. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Committee, does hereby approve a lease agreement between Carl City of Muskego, upon the recommendation of the Finance Wauer and the City of Muskego for a one (1) year period from August 1, 1986 through July 31, 1987 with a rental fee of $1.00. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to bv the Citv Attornev. execute the lease agreement in the name of the City, after review FINANCE COMMITTEE Ald. L@@A Edwin P. Dumke Ald. JKBchelWPe‘novich City Clerk 10/86 ca 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: Commencing at the northeast corner of said Northwest 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 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 47" 27' West, 500 feet; thence North 0' 27' East, 273.46 feet; thence North 47" 27' 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, 1986. The rental therefore shall be in the sum of $1.00 per year with payment to be made on the 1st day of September, 1986. 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, operation of a shooting range. together with such other uses as may be incidental to the 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 lessors, and provided further, that all permanent fixtures or structures erected thereon shall necessary that substantial amounts of material be removed from remain the property of the City. In the event it becomes option of removing the same, or designating the placing of the the site, or replaced on the site, the Lessor shall have the proposed use by the City. same, on the site, provided the same does not interfere with the . Carl Wauer/City of Muskego Shooting Range Lease Agreement Page 2 MAINTENANCE AND OPERATION The City shall be solely responsible for the maintenance of the Dremises and the range and the necessary to insure the safety of all persons using, or in operation thereof. The City shall take such measures as may be proximity to, the range, or who may be on the premises with the consent of the City, and shall enact rules and regulations be solely responsible for the supervision of the range at all pertaining to the use and operation of the range. The City shall 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 advisable, but in no event shall it interfere with the use of the discretion fence in so much of the range as it may deem 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 City, its agents, employees, servants, customers, visitors, guests or not by way of limitation, loss of life or damage to property by to any other person who may be damaged or injured including, but reason of or arising by, through or out of the City's right to use and improve the premises as herein provided. The City shall hold harmless and indemnify 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 Lessor as additional insured, in the minimum amount of One liability insurance covering the leased premises and naming the Million Dollars ($1,000,000). 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. 0 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 abutments or other items which it may have constructed. In the lease nor shall it be required to remove any concrete pits or event the City may desire to sell any buildings or 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 " I . Carl WauerICity of Muskego Shooting Range Lease Agreement Page 3 terminatin of this lease shall be deemed abandoned and shall remaining on the premises 30 days after expiration or other become property of Lessor. LESSOR'S RIGHT OF ENTRY Lessor reserves the right, exercisable at any time during the term hereof or anv extensions thereof uDon notice to the City to enter upon the premises for the purpose bf testing, monitoring soils and water and constructing any establish or preserve the environmental integrity of the adjacent improvements which may be or become necessary to protect, 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 DAY OF , 1986. BY Carl Wauer STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this day of , 1986, to me known and acknowledging 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 day of , 1986, this lease is hereby executed. BY Wayne G. Salentine, Mayor BY Charlotte L. Stewart, City Clerk STATE OF WISCONSIN ) WAUKESHA COUNTY 1 1986, me known to be the persons who executed the foregoing instrument to on behalf of the City of Muskego. Personally came before me this day of and 10/86 ca Notary Public, Waukesha County My Comm. exp.