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CCR1991295AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #295-91 AUTHORIZE EXECUTION OF AGREEMENT BETWEEN CITY OF MUSKEGO AND MUSKEGO VOLUNTEER FIRE COMPANY WHEREAS, the Common Council directed the City Attorney to Muskego Volunteer Fire Company Building in Resolution #196-91; prepare an offer to purchase land for the expansion of the and WHEREAS, a condition of the offer to purchase was to have an agreement in place between the City and the Fire Company; and WHEREAS, an agreement, as attached, has been drafted by the City Attorney. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Committee, does hereby authorize execution of the attached City of Muskego, upon the recommendation of the Finance Volunteer Fire Company. amend,ed Agreement Between the City of Muskego and the Muskego BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the necessary documents in the name of the City. DATED THIS 12TH DAY OF NOVEMBER , 1991 SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders This is to certify that this is a true and accurate copy of Resolution #295-91 which was adopted by the Common Council of the City of Muskego. 11/9lcac AND THE MUSKEGO VOLUNTEER FIRE DEPARTMENT AGREEMENT BETWEEN THE CITY OF MUSKEGO AGREEMENT entered into this day of I 199 - I by and between the MUSKEGO VOLUNTEER FIRE DEPARTMENT, an independent corporation (hereinafter referred to as "DEPARTMENT"), and the CITY OF MUSKEGO, a municipal corporation (hereinafter referred to as "CITY"), regarding the following described property: SEE ATTACHED LEGAL DESCRIPTION PARCEL NO. 1 (COMMONLY REFERRED TO AS FIRE STATION NO. 1 AND LOCATED AT S76 W17050 JANESVILLE ROAD IN THE CITY OF MUSKEGO, WISCONSIN) SEE ATTACHED LEGAL DESCRIPTION PARCEL NO. 2 (COMMONLY REFERRED TO AS FIRE STATION NO. 2 AND LOCATED AT W195 S10030 RACINE AVENUE IN THE CITY OF MUSKEGO, WISCONSIN) WHEREAS, the DEPARTMENT is an independent corporation organized under the provisions of Wisconsin Statute Chapter and - WHEREAS, for many years the CITY and the DEPARTMENT have cooperated in providing fire services to certain areas of the CITY: and WHEREAS, in the past the CITY has provided the necessary funds to the DEPARTMENT for the purchase and maintenance of necessary fire fighting equipment as well as the purchase and maintenance of land and buildings to house the same, including the above-noted Parcel No. 1 and Parcel No. 2: and WHEREAS, the above-noted equipment and property have been titled in the name of the DEPARTMENT: and WHEREAS, it now appears necessary to substantially increase the size of the real property necessary to house the DEPAFtl'MENT's equipment: and WHEREAS, the parties to this Agreement have agreed that, prior to the CITY expending the funds necessary to provide for this expansion, the parties shall agree as to the ownership of both current property and property acquired in the future. NOW, THEREFORE, the parties to this Agreement, in consideration of the mutual covenants contained herein, do hereby agree as follows: 1. The DEPARTMENT shall, upon execution of this Agreement, convey to the CITY a one-half (i) undivided interest in the above-described Parcel No. 1 free and clear of all encumbrances to the sole satisfaction of the CITY and shall execute all closing documents as similar as possible to close attached hereto and made a part hereof and marked Exhibit A, said closing shall take place on or before February 10, , 199 2. 2. All real property purchased, constructed or otherwise acquired by the CITY on behalf of the DEPARTMENT or by the DEPARTMENT itself after the date of this Agreement shall be titled jointly in the names of the CITY and the DEPARTMENT. 3. The DEPARTMENT shall continue to provide fire protection service for the CITY, under terms as mutually agreed to by the CITY and the DEPARTMENT. 4. In the event that the CITY and the DEPARTMENT are unable to agree to terms for the provision of fire protection service to the CITY or in the event that the DEPARTMENT, for any other reason, fails to provide fire protection to the CITY, then and in that event, the DEPARTMENT shall transfer all its property and assets, whether real or personal, free and clear of all encumbrances except for mechanic’s liens and other liens which have attached to property through the ordinary course of business, which at that time is titled in the name of the DEPARTMENT or jointly in the name of the DEPARTMENT and the CITY,’to the sole ownership of the CITY and shall relinquish all ownership rights in said property and shall sign all documents the CITY deems necessary to accomplish the same. -2- 5. The DEPARTMENT shall maintain and keep in good repair and sound condition all real and personal property, whether solely or jointly owned, and shall make all repairs necessary to maintain the condition of the same. The DEPARTMENT shall maintain adequate fire and casualty insurance on all real and personal property in an amount equal to not less than the replacement value of all property, and shall maintain adequate public liability insurance, insuring the CITY against claims for damage because of, or resulting from any property damage, injury or death sustained in an amount of at least five hundred thousand dollars ($500,000.00). 6. This agreement shall be a covenant running with the land and shall be recorded as an encumbrance on title so as to affect all the real property herein described. The DEPARTMENT agrees to execute all documents as required by the city to encumber any subsequently acquired property with the terms of this agreement. 7. The DEPARTMENT shall not operate the fire siren located 0 on Parcel No. 1 except in case of a tornado. MUSKEG0 VOLUNTEER FIRE DEPARTMENT By: STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )ss. Personally came before me this day of 199 , the above named of the MUSKEG0 VOLUNTEER FIRE DEPARTMENT to me known to be the persons who executed the foregoing instrument and acknowledged the same. - NOTARY PUBLIC, STATE OF WI My commission expires: -3- CITY OF MUSKEG0 By : Wayne G. Salentine, Mayor By: Jean K. Marenda, Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) )SS. Personally came before me this day of 199 , the above named WAYNE G. SALENTINE, as Mayor, and JEAN K. MARENDA, as Clerk, of the CITY OF MUSKEGO, to me known to be the persons who executed the foregoing instrument and acknowledged the same. - NOTARY PUBLIC, STATE OF WI My commission expires: ~ ~~ ~~~~~~~~ THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY h RIFFLE, S.C. 720 N. East Avenue, P. 0. Box 1348 Waukesha, Wisconsin 53187-1348 -4- 5 F*- VI82 S8200 RacYne Avenue .P.O. Box 903 Muskego. UI 53150 1. bpmWddb~? 0 YI )(P .................................................. Attorney Donald S. UoltPr. Jr. 720 N. E~S~ ~ve.,Uaukesha, W~"J3186 ACXNOWLEDOHENT STATE OF WISCONSIN 1 *B. .Caunty. Pcrmnmlly came before mc thi. ., 19. the above nmd .day of ....... ...... COMMON COUNCIL - CITY OF MUSKEG0 ATTACHMENT TO RESOLUTION #295-91 LEGAL DESCRIPTION PARCEL NO. 1 (COMMONLY REFERRED TO AS FIRE STATION NO. 1 AND LOCATED AT i76 wi7858 JANESVILLE ROAD IN THE CITY OF MUSKEGO, WISCONSIN) CTR OF HY, TH N 67 45'E 13.25 FT, TH N 81 42'E 385.95 FT PT SE1/4 SEC 9 T5N R20E COM AT S1/4 STONE TH N 1721.4 FT TO THE PL OF BGN. TH N 8 34'W 165 FT, TH N 81 42'E 92.6 FT, TH S 8 44'E 165 FT TO CTR OF RD, TH S 81 42'W 93.1 FT TO BGN. VOL 1097/547 DEEDS FROM CITY R672/908 QCD 5/85 Also PT SE1/4 SEC 9 T5N R20E A LOT BOUNDED ON S BY HY & ON THE W BY SCHUETT LOT BEING 4 RDS WIDE & 10 RDS NW FROM CTR RD. ALSO STRIP 13 FT WIDE & 10 RDS ALONG NE SIDE ABOVE DESC LOT. EX ROAD 0 LEGAL DESCRIPTION PARCEL NO. 2 W195 510030 RACINE AVENUE IN THE CITY OF MUSKEGO, WISCONSIN) (COMMONLY REFERRED TO AS FIRE STATION NO. 2 AND LOCATED AT PT SE1/4 SEC 29 T5N R20E CERT SURV 5/232 PCL A 2 AC