CCR1988212COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 1/21 2-88
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 an area of land
from Waste Management for the purpose of operating a police
shooting range, and
WHEREAS, the location of that range has been moved onto a
different portion of Waste Management property, and
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve a lease agreement between Waste
Management and the City of Muskego as attached.
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 37th DAY OF ~~~+~~h~~ , 1988.
FINANCE COMMITTEE
Ald. Mitchel Penovich
Ald. Edwin P. Dumke
Ald. Daniel J. Hilt
ATTEST:
City Clerk
9/88
jz
a LEASE
WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City).
This agreement is made between WASTE MANAGEMENT OF
to lease from the Lessor the following described real
The Lessor hereby agrees to lease to and the City agrees
estate:
(See Exhibit A attached hereto)
m. This lease shall be for a term of one year from
and after the 1st day of August 1988. The rental therefore
shall be in the sum of $1.00, with payment to be made on the
1st day of August 1988.
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. 0
construction of said range. The City may remove, level and
IMPROVEMENTS. The City shall be responsible for the
rearrange such earth or other materials, including trees,
targets, target plts, shelters, buildings or other structures
shrubberies, etc.! as may be necessary to construct bunkers,
as, in its sole discretion, it deems 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 written consent of the
Lessor, and provided further that all permanent fixtures or
structures erected thereon shall remain the property of the
City.
TERMINATION. In the event that the Lessor determines
that the premises are, in the Lessor's business judgment,
required for its landfilling activities, the Lessor may
terminate this lease and require City to surrender the
premises as provided for herein. Lessor shall make a
reasonable good-faith effort to find and offer to the City
suitable replacement property: however, good-faith efforts
shall not require the Lessor to purchase or lease replacement
property, it being the intent of the parties that the Lessor
would attempt to provide such replacement property from
property Lessor already owns or leases at the time of such
termination.
MAINTENANCE AND OPERATION. The City shall be solely
responsible for the maintenance of the premises and the range
and the operation thereof. The City shall take all measures
as may be necessary to insure the safety of all persons
using, or in 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 times. In addition to other
rules and regulations which it may enact, the City shall post
signs, in conspicuous areas on the range, 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 remainder
of Lessor's property by the Lessor, its agents or employees.
LIABILITY OR LESSOR. The Lessor shall not be liable to
visitors, guests or to any other person who may be damaged or
the City, its agents, employees, servants, customers,
injured, including, but not by way of limitation, loss of
through or out of the City's right to use and improve the
life or damage to property by reason of or arising by,
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).
0
RENEWAL.
expiration of the term hereof for a one-year extension, upon
The Lessee may renew this lease at the
the same terms and conditions. The City will notify Lessor,
in writing, of its intention to renew the lease ninety (90)
days prior to the expiration date hereof, but time shall not
be of the essence with respect to said notice. Similarly,
the Lessee may further renew this lease for up to four (4)
procedure.
additional one-year extensions, using the foregoing
REMOVAL OF IMPROVEMENTS: RESTORATION. The City agrees
that at the expiration of the term of this lease or any
Lessor determines that it needs the leased premises for its
renewal thereof, or upon sixty (60) days written notice that
premises to the Lessor and will have removed therefrom all of
landfilling activities, it will promptly surrender the
its property and range equipment placed thereon, constructed
The City shall not be required, however, to replace any earth
and maintained by the City in the operation of said range.
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
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may desire to sell any buildings or structures on the
premises at the expiration of this lease, Lessor shall have
tures. Any improvements to buildings or structures remaining
the right and option to purchase such buildings or struc-
on the premises thirty (30) days after expiration or other
termination of this lease shall be deemed abandoned and shall
become property of Lessor.
LESSOR'S RIGHT OF ENTRY. Lessor reserves the right,
extensions thereof and upon notice to the City, to enter upon
exercisable at any time during the term hereof or any
water and constructing any improvements which may be or
the premises for the purpose of testing, monitoring soils and
become necessary to protect, establish or preserve the
environmental integrity of the adjacent landfill or to
continue or expand its landfilling activities. 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 , 1988.
WASTE MANAGEMENT OF WISCONSIN, INC.
BY :
Title:
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this - day of I
1988, the above-named
known to be the person who executed the foregoing instrument
, to me
and acknowledging that he is an employee of the owner of said
property.
Notary Public, Waukesha County, WI
My Commission is/expires:
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PURSUANT TO A RESOLUTION of the Common Council of the
City of Muskego, passed and approved the day of , 1988, this lease is hereby executed.
By : Wayne G. Salentine, Mayor
By : Charlotte L. Stewart, City Clerk
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) 5s.
Personally came before me this - day of ,
1988, the above-named and , to me known to be the persons who
executed the foregoing instrument on behalf of the City of
Muskego.
Notary Public, Waukesha County, WI
MY Commission is/expires:
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0 ..
W A Wasle Managernenl Cornpanv
EXHIBIT A
Description of shooting range area to be used by the City of
Muskezo
A parcel of land located in the NW 1/4 of the NE 1/4 of Section
18. T5N. R20E City of Muskego. Waukesha County. Wisconsin,
described as follows: Commencing at the North 1/4 corner of said
Section 18; thence 5.1' 06' 54"E along the west line of said NE
1/4. 183.88 feet; thence S83" 30' 40" E. 239 62 feet to the place
of beginning; thence continue S83O 30' 40" E. 120 00 feet; thence
S6' 29' 20" W. 170 00 feet; thcncc NH3' 30' 40" W. 120 00 feet;
thence N6' 29' 20" E. 170 00 feet to the place of beginning
containing 0 47 Acres of land.
hisconsin Land Surveyor No 1331
... .
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