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CCR1993193COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #193-93 Approval of Lease between Waste Management of Wisconsin, Inc. and City of Muskego for Police Department Shooting Range WHEREAS, the City of Muskego has been leasing an area of land from Waste Management of Wisconsin, Inc. for the purpose of operating a police shooting range; and WHEREAS, the current lease executed in 1988 allowed the City to renew the lease for up to four additional one-year extensions; and WHEREAS, the four additional one-year extensions have been exercised and the lease expires on August 1, 1993; 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 the attached lease between Waste Management of Wisconsin, Inc. and the City of Muskego for the period of one year with four additional one-year extensions. 0 BE IT FURTHER RESOLVED that the Mayor and City Clerk are City upon review and approval of the City attorney. authorized to sign the necessary documents in the name of the DATED THIS lOTH DAY OF AUGUST , 1993. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Durnke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #193-93 which was adopted by the Common Council of the City of Muskego. 8/93jmb LEASE WISCONSIN, INC. (Lessor) and CITY OF MUSKEG0 (City). This agreement is made between WASTE MANAGEMENT OF lease from the Lessor the following described real estate: The Lessor hereby agrees to lease to and the City agrees to (See Exhibit A attached hereto) after the 1st day of August, 1993. The rental therefore shall be in the sum of $1.00, with payment to be made on the 1st day of August, 1993. TERM. This lease shall be for a term of one year from and 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 shall not erect any buildings of a permanent nature on the for the efficient operation of the range, provided that the City 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 herein. Lessor shall make a reasonable good-faith effort to lease and require City to surrender the premises as provided for find and offer to the City suitable replacement property: purchase or lease replacement property, it being the intent of however, good-faith efforts shall not require the Lessor to 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 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 pertaining to the use and operation of the range. The City the consent of the City, and shall enact rules and regulations shall be solely responsible for the supervision of the range at may enact, the City shall post signs, in conspicuous areas on all times. In addition to other rules and regulations which it 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, it agents or employees. and the operation thereof. The City shall take all measures as LIABILITY OF LESSOR. The Lessor shall not be liable to the City, its agents, employees, servants, customers, visitors, guests or 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 a policy of public liability insurance covering the leased further maintain in force at all times during the terms hereof, mmlmum amount of One Million Dollars ($1,000,000). 1 premises and naming the Lessor as additional insured, in the 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, the Lessee may further renew this lease for up to four (4) additional one-year extensions, using the foregoing procedures. 1 REMOVAL OF IMPROVEMENTS; RESTORATION. The City agrees that at the expiration of the term of this lease or anv 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 and maintained by the City in the operation of said range. The City shall not be required, however, to replace any earth 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 may desire to sell any buildings or structures on the premises at the expiration of this lease, Lessor shall have Any improvements to buildings or structures remaining on the 0 the right and option to purchase such buildings or structures. 2 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, 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 environmental integrity of the adjacent landfill or to continue to 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 , 1993. B 1 WASTE MANAGEMENT OF WISCONSIN, INC. By : Title: STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me this ~ I day of 1993, the above-named to be the person who executed the foregoing instrument and acknowledging that he is an employee of the owner of said property. , to me known Notary Public, Waukesha County, Wisconsin My Commission is/expires: 3 0 PURSUANT TO RESOLUTION # the City of Muskego, passed and approved the of the Common Council of day of , 1993, this lease is hereby executed. By : David L. De Angelis, Mayor By : Jean K. Marenda, City Clerk STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before me this , day of 1993, the above-named Muskego. executed the foregoing instrument on behalf of the City of and , to me known to be the persons who Notary Public, Waukesha County, Wisconsin My Commission is/expires: 4 W A Waste Management Company EXHIBIT A Description of shooting range area to be used by the City of Musltezo A parcel of land located in the NW 1/4 of the NE 1/4 of Section 18, T5N. R2OE City of Muskego, Waukesha County, Wisconsin, described its follows: Commencing at the North 1/4 corner of said Section 18; thence S1' 06' 54"E along the west line of said NE 1/4. 183 88 feet: thence 583O 30' 40" E. 239 62 feet to the place of beginning: thence continue S83" 30' 40" E. 120.00 feet; thence S6' 29' 20" W. 170 00 feet; thcncc NR3O 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.