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CCR1986299RESOLUTION #299-86 APPROVAL OF LEASE AGREEMENT BETWEEN MUSKEGO- NORWAY SCHOOL DISTRICT AND CITY OF MUSKEGO (Mill Valley and Bay Lane) WHEREAS, the Parks and Recreation Board has recommended approval Muskego-Norway Joint School District for providing recreational of a lease arrangement between the City of Muskego and the facilities for the city, and WHEREAS, the property involved is the Mill Valley and Bay Lane Schools. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Recreation Board and the Finance Committee, does hereby authorize City of Muskego, upon the recommendation of the Parks and the Clerk and Mayor to execute the lease in the name of the City. BE IT FURTHER RESOLVED that this lease is hereby assigned to the Parks and Recreation Board for the purpose of managing and controlling the property pursuant to the terms of the lease. DATED THIS 23rd DAY OF December , 1986. City Clerk jm 12/86 LEASE AGREEMENT WHEREAS, the Muskego-Norway School District operates premises known as the Bay Lane and Mill Valley School in the City of Muskego and has the authority to enter into leases of said property for public purposes; and, WHEREAS, the City of Muskego desires to lease said properties for the purpose of establishing thereon a recreational area for the use of the residents of the district, THEREFORE, in consideration of the covenants and agreements herein contained, it is hereby agreed as follows: This Agreement is made between the Muskego-Norway School District, P. 0. Box 900, Muskego, Wisconsin, herein- after called "District", and the City of Muskego, a munici- pal corporation, P. 0. Address W182 S8200 Racine Avenue, Muskego, Wisconsin, hereinafter called "City". DESCRIPTION , The property covered by this lease is that property known as the Bay Lane and Mill Valley School grounds.^ The property is more specifically described in and shown on 0 Exhibits "A" and r'B't attached hereto and incorporated herein by reference. LENGTH OF TERM This lease shall commence on the first day of January, 1987, and shall continue through the thirty-first day of December, 1991. PURPOSES This land is leased by the District to the City for the purposes of enabling the City to use the land for recrea- tional purposes primarily but not limited to the use of the property for baseball diamonds and for use in the late Spring and Summer and early Fall and for such other recrea- tional purposes to which the property might be attributable as may be deemed advisable by the City or by the Parks and Recreation Board of the City. Any conflict in the use of the area between the District and the City shall be resolved at the sole discretion of the District. IMPROVEMENTS. Any improvements to be made on the premises for recrea- tional purposes shall be made by and at the sole expense of the City. Any substantial changes in grade or elevation or the construction of fixtures such as electric utility poles, flood lights, grandstands, bleachers, barbecue pits, etc. must first be approved by the District Board. Any and all improvements which are placed upon the premises byathe City during the term of this lease or any renewal thereof shall upon termination of the lease become the property of, the District. a Parking Lot - Mill Valley: The parties agree that with respect to parking facilities at the Mill Valley site that the City will agree to assist the District in the mainte- nance, improvement and development of the east parking lot parallel to Hillendale Drive. The City shall budget one-third of estimated improvement costs as such improve- -2- - F ments and repair might be negotiated by the parties during the term of this lease. REPAIRS AND MAINTENANCE The City shall he responsible for the maintenance of the premises and shall provide adequate containers for litter and trash and other necessary containers to prevent littering on the premises and shall maintain the premises in a clean condition at all times. Repairs and maintenance of any improvements and of the grounds itself shall be the sole responsibility of the City. At no time shall any persons be able to use school buildings while using the school grounds for recreational purposes under this lease. SUPERVISION. The City through its Parks and Recreation Board shall provide and be responsible for adequate supervision of the area at all times that it shall be used as a recreational area. The City through its Parks and Recreation Board may prescribe such rules and regulations for the use and manage- ment of the area as it may deem reasonable provide; only that all persons living within the boundaries of the Muskego-Nomay School District shall be eligible to use the facilities and participate in any planned programs subjecJ only to reasonable rules and regulations with respect thereto. INSURANCE . The City shall maintain sufficient insurance to protect both the District and the City from all claims for personal injury or death and $50,000 property damage. The City shall -3- .- file with the District sufficient evidence of insurance coverage in accordance with this paragraph. 0 RENEWAL. This Lease may be renewed by the City for a term of five (5) years upon one month's notice given in writing by the City to the District, and contingent upon mutually satisfactory resolution for continuing maintenance of the Mill Valley parking area. CANCELLATION. In the event the City or the Recreational Department should decide to discontinue the recreation activities at the sites, this lease shall be automatically cancelled. The District, however, may not cancel this lease during the term thereof, or any renewal thereof without the express consent of the City. 0 It is understood between the parties that.this lease may be assigned by the City to its Parks and Recreation Board for the purposes of allowing the Parks and Recreation Board of the City to manage and control the property pursu- ant to the terms of this Lease. , Pursuant to a resolution of the Muskego-Norway School District, passed and approved on the day of .o , 19-, this lease is hereby executed. -4-