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CCR1987189COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #189-87 APPROVING LEASE BETWEEN WASTE MANAGEMENT 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 him for the purpose of operating a police shooting range, and WHEREAS, that range has been moved onto Waste Management property, and WHEREAS, the Finance Committee has recommended approval of the lease for a term of one (1) year with Waste Management. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Management and the City of Muskego for a one (1) year period from Committee, does hereby approve a lease agreement between Waste August 1, 1987 through July 31, 1988 with a rental fee of $1.00. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to by the City Attorney. execute the lease agreement in the name of the City, after review DATED THIS DAY OF &yh)m) , 1987. FINANCE COMMITTEE LEAS E This agreement is made between WASTE MANAGEMENT, (Lessor) and CITY OF MUSKEGO, WISCONSIN, (CITY). The Lessor hereby agrees to lease to and the City agrees to lease the following described real estate: from the Lessors The North f feet of the Twenty East Northwest 1 Wisconsin. ive hundred feet of the East two hundred fifty Northeast 114 of the Northeast 114 of the /4 of Section Eighteen, Town Five North, Range , in the City of Muskego, Waukesha County, theist day of August, 1987. The rental therefore shall be in TERM This lease shall be for a term of one year from and after the sum of $1.00 per year with payment to be made on the 1st day of September, 1987. 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 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 not erect any buildings of a permanent nature on the premises efficient operation of the range, provided that the City shall 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 the site, or replaced on the site, the Lessor shall have the option of removing the same, or designating the placing of the proposed use by the City. same, on the site, provided the same does not interfere with the MAINTENANCE AND OPERATION The City shall be solely responsible for the maintenance of the premises 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 pertaining to the use and operation of the range. The City shall be solely responsible for the supervision of the range at all enact, the City shall post in conspicuous areas on the range, times. In addition to other rules and regulations which it may signs which shall notify users and persons on the range regarding . Waste ManagementICity Shooting Lease - Page 2 @ discretion fence in so much of the range as it may deem 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 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, to any other person who may be damaged or injured including, but its agents, employees, servants, customers, visitors, guests or not by way of limitation, loss of life or damage to property by 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 liability insurance covering the leased premises and naming the Lessor as additional insured, in the minimum amount of One Million Dollars ($1,000,000). RENEWAL This lease may be renewed at the expiration of the term upon the same terms and conditions. The City will notify Lessor hereof at the option of the City for a period of five (5) years 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 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 the City in the operation of said range. The City shall not be range equipment placed thereon, constructed, and maintained by other material which it may have removed during the term of this required, however, to replace any earth or trees, shrubberies or 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, Lessor shall have the first right and option to purchase such buildings or structures. Any improvements to buildings or structures Carl Wauer/City of Muskego Shooting Range Lease Agreement remaining on the premises 30 days after expiration or other terminatin of this lease shall be deemed abandoned and shall become property of Lessor. 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, Waste Management /City .' Shooting Lease - Page 3 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 possession hereunder or the continuation of the leasehold. of City including the City's right of quiet enjoyment and DATED THIS DAY OF , 1987. BY Waste Management STATE OF WISCONSIN WAUKESHA COUNTY Personally came before me this day of , 1987, 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 this lease is hereby executed. day of , 1987, BY BY hayne G. Salentine, Mayor Charlotte L. Stewart, City Clerk STATE OF WISCONSIN ) WAUKESKA COUNTY ) Personally came before me this day of I 987, an7 me known to be the persons who executed the foregoing instrument to on behalf of the City of Muskego. 9/87 ca Notary Public, Waukesha County My Comm. exp.