Loading...
CCR1989190COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #190-89 APPROVAL OF EXTENSION OF LEASE BETWEEN WASTE MANAGEMENT AND THE CITY OF MUSKEGO FOK A SHOOTING RANGE FOR THE POLICE DEPARTMENT WHEREAS, Resolution 11212-88 approved the lease of Waste Management property to the City of Muskego for the purpose of operating a police shooting range, and WHEREAS, under the terms of said lease the City may renew the lease for the term of one year, and WHEREAS, the Finance committee has recommended approval of the extension. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the extension of the lease attached for a period of one year to expire August 1, 1990. agreement between Waste Management and the City of Muskego as DATED THIS 25th DAY OF July , 1989. e FINANCE COMMITTEE Ald. Edwin P. Dumke Ald. Daniel J. Hilt Ald. Harold L. Sanders ATTEST : City Clerk 7/89 jz 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) and after the 1st day of August 1988. The rental therefore TERM. This lease. shall be for a term of one year from 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 maintenance and supervision of a police shooting range for to 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 responsible for the construction of said range. The City may remove, level and rearrange such earth or other materials, including trees, shrubberies, etc.! as may be necessary to construct bunkers, targets, target pits, shelters, buildings or other structures 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 prmises 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. reasonable good-faith effort to find and offer to the City Lessor shall make a 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 me 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 premises with the consent of the City, and shall enact rules using, or in proximity to, the range or who may be on the 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 the City, its agents, employees, servants, customers, visitors, guests or to any other person who may be damaged or injured, including, but 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). 0 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) be of the essence with respect to said notice. Similarly, days prior to the expiration date hereof, but time shall not the Lessee may further renew this lease for up to four (4) additional one-year extensions, using the foregoing procedure. REMOVAL OF IMPROVEMENTS; RESTORATION. The City agrees that at the expiration of the term of this lease or any renewal thereof, or upon sixty (60) days written notice that Lessor determines that it needs the leased premises for its 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 required to remove any concrete pits or abutments or other removed during the term of this lease, nor shall it be items which it may have constructed. In the event the City a -2- may desire to sell any buildings or structures on the premises at the expiration of this lease, Lessor shall have the right and option to purchase such buildings or struc- on the premises thirty (30) days after expiration or other tures. Any improvements to buildings or structures remaining termination 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 and 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 continue or expand its landfilling activities. The rights environmental integrity of the adjacent landfill or to paramount and superior to any rights of City, including the reserved in this paragraph are understood and agreed to be the continuation of the leasehold. City's right of quiet enjoyment and possession hereunder or DATED this \5 day of , 1988. WASTE MANAGEMENT OF WISCONSIN, INC. BY : STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before me this /5 day of (?tnfi& , 1988, the above-named know]. 20 be the person who executed the foregoing instrument , to me and acknowledging that he is an employee of the owner of said - t Vfd fJ O'TL'CLl5 property. -3- a PURSUANT TO A RESOLUTION of the Common Council of the City of Muskeqo, passed and approved the 27th day of Sevtember , 1988, this lease is hereby executed. " By : Way$e G. Salentine, Mayor By : " City Clerk 2 STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. I Personally came before the above-named and d the foreq*strument on behalf of the City of M khfl , to de known to be the persons who n Notary Public, Waukesha Bounty, WI MY Commission is/expires: /o-~o-fP -4- 0 '... EXHIBIT A Description of shooting range area to be used by the City of Muskego. A parcel of land located in the NW 1/4 of the ?X 1/4 of Section 18. T5N. R20E City of Muskego. Waukesha County, Wisconsin, described as follows: Conmencing at the North 1/4 corner of said Section 18; thence Sl0 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 S83' 30' 40" E. 120.00 feet; thence S6O 29' 20" W. 170 00 feet; thence N83' 30' 40" W. 120 00 feet; thence N6O 29' 30'' E. 170 00 feet to the place of beginning containing 0,47 Acres of land. - hisconsin Land Surveyor No 1331 . ._-.