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CCR1992294COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #294-92 BETWEEN WASTE MANAGEMENT AND THE CITY OF MUSKEG0 APPROVAL OF EXTENSION OF LEASE AGREEMENT FOR A SHOOTING RANGE FOR THE POLICE DEPARTMENT WHEREAS, Resolution #212-88 approved the lease of Waste Management property to the City of Muskego for the purpose of operating a police shooting range, and Resolutions #190-89, #173-90, and #187-91 approved a one-year extension, and WHEREAS, under the terms of said lease, the City may renew the lease for up to four additional one-year extensions, and WHEREAS, the Finance Committee has recommended approval of a one-year 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 agreement between Waste Management and the City of Muskego as attached for a period of one year to expire August 1, 1993. DATED THIS 24TH DAY OF NOVEMBER , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #294-92 which was adopted by the Common Council of the City of Muskego. 11/921h LEASE WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City). This agreement is made between WASTE MANAGEMENT OF The Lessor hereby agrees to lease to and the City agrees to lease from the Lessor the following described real estate: (See Zxhibit A attached nereto) 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. 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 Lessor, and provided further that all permanent fixtures or City. structures erected thereon shall remain the property of the thc -..- pAG.,.Lss ------ ;.ithicut thz express written consent of the TERMINATION. In the event that the Lessor deternines 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 shall not require the Lessor to purchase or lease replacement suitable replacement property; however, good-faith efforts 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 OPEUTION. 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 thc 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 tha ramaicder 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 +rising by, through or out of the City's right to use and improve the premises as herein provided. The City shall hold harmless and indemify 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 the Lessor as additional insured, in the minimun amount of liability insurance covering the leased premises and naming One Million Dollars ($1,000.000). RENEWAL. The Lessee may renew this lease at the expiration of the term hereof for a one-year extension, upon 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, additional one-year extensions, using the foregoing the Lessee rr.2~ f-rtker rent:: this lease fzr up to four (4) 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 landfilling activities, it will promptly surrender the premises to the Lessor and will have removed therefrom all of 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 0 required to remove any concrete pits or abutments or other items which it may have constructed. In the event the City -2- PURSUANT TO A RESOLUTION Of the Common Council Of the City of Muskego, passed and approved the 27th day of Seuternber , 1988, this lease is hereby executed. By: ck/,, LA v/ JA-25 Way,rte G. Salentine, Mayor STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before ted the foregoing instrument on behalf of the City of 19aa;) the above-named bLYm r. hd7 , to de known to be the persons who A Nccary Public, Waukesha pounty, WI MY Commission is/expires: /O-S-~? -4-