CCR2001246aAMENDED
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #246-2001
APPROVAL OF LEASE AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND
THE RICHARD G. AND LOIS A. BENNETT LIVING TRUST
FOR PUBLIC ACCESS TO NAVIGABLE WATERS
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
Agreement, as amended, between the City of Muskego and the Richard G. and Lois A.
Bennett Living Trust to operate and maintain a public access site to Big Muskego Lake.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
execute the Lease Agreement in the name of the City.
BE IT FURTHER RESOLVED That this Lease shall be attached to an Offer to
Purchase agreement in the normal form with all the normal eminent domain
requirements and that the Mayor may make technical changes in the Lease and in said
documents.
BE IT FURTHER RESOLVED That the City shall not enter into the Lease agreement
unless existing mortgage holders release the mortgage on the leased property or 0 subordinate as to the leased property.
DATED THIS 1lth DAY OF DECEMBER ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #246-2001 which
was adopted by the Common Council of the City of Muskego.
LEASE AGREEMENT FOR
PUBLIC ACCESS TO NAVIGABLE WATERS a This agreement is entered into by and between The Richard G. and Lois A. Bennett Living
Trust Dated October 19, 1999, Lessor and City of Muskego, Lessee; and
WHEREAS, the Lessor and City-Lessee wish to provide adequate access to the waters of
Big Muskego Lake for public use including boating and fishing; and
WHEREAS, lands owned by the Lessor in the City of Muskego, County of Waukesha,
Wisconsin, provides an opportunity for boaters and fishers seeking access to waters of Big Muskego
Lake; and
WHEREAS, Lessor warrants and represents that it has fee simple legal title to the lands
which are the subject matter of this lease free and clear of all liens and encumbrances other than
recorded easements and restrictions and municipal and zoning ordinances, and real estate taxes in
year of closing.
NOW THEREFORE, the Lessor agrees to allow the City-Lessee to operate and maintain a
public access site to Big Muskego Lake on the following described property of the Lessor according
to the following terms and conditions:
1. PREMISES
The description and location of the Big Muskego Lake access site are contained in Exhibits -
A and B , attached hereto and made a part hereof this agreement.
11. USE OF THE PREMISES
A. The City-Lessee shall allow the public, pursuant to rules and regulations of the City-
Lessee and all applicable governmental agencies as they may apply from time to time, to
use the access site and will charge a fee for boat launching. Such fees shall not exceed
the fee charged for City boat launches, unless a higher fee is adopted by the Common
Council.
Page 2
B. The City-Lessee shall maintain the access site in a neat, sanitary, and usable condition,
and in compliance with all City standards.
C. The City-Lessee shall design and maintain the access site to provide barrier-free and
boating access for persons with disabilities. All facilities constructed at the access site
during the effective period of this agreement shall be handicap accessible.
D. The City-Lessee hereby agrees that the access site shall include at a minimum 4
launch lane(s) and 2 boarding dock(s), and that designated parking shall be a
minimum of 25 car-trailer parking stalls of which at least one is accessible to
persons with disabilities. Each stall shall be marked “trailer parking” only
E. The City-Lessee may post signs and posters along the access site to delineate the access
site for public use and inform the public of hours of operation, if restricted, and launch
fees charged.
a 111. OBLIGATIONS OF THE CITY-LESSEE
A. The City-Lessee shall consider the access site a public access site
B. The City-Lessee agrees to initially overlay and continually maintain the access, launch
and six (6) street lamps.
C. The City-Lessee agrees to provide a portable, handicap accessible toilet serviced on a
monthly basis.
D. The City-Lessee agrees to furnish and service trash receptacles.
E. The City-Lessee agrees to provide heavy equipment help when snowfalls or buildup of
snowbanks exceed the ability of light snow equipment capabilities; i.e. a pickup truck
snow plow.
IV LENGTH OF AGREEMENT AND RIGHTS OF EACH PARTY
A. This agreement shall become effective when signed by both patties and shall be recorded
in the Waukesha County Office of the Register of Deeds. This agreement shall remain in
Page 3
effect for a period of 20 years and may be modified or renewed upon written
0 agreement of both parties.
V GENERAL PROVISIONS
A. This agreement shall not be assigned or otherwise transferred without the prior written
consent of the other party, which shall not be unreasonably withheld.
B. The City-Lessee shall have sole control of the method, hours worked, and time and
manner of any performance under this agreement other than as specifically provided
herein. The Lessor reserves the right only to inspect the premises for the sole purpose of
ensuring that the performance is progressing or has been completed within compliance
ofthe agreement. The City-Lessee assumes no responsibility for supervision or direction
of the performance of the agreement to be performed by the Lessor or the Lessor’s
employees or agents. The City-Lessee further agrees that it will exercise no control over
the selection and dismissal of the Lessor’s employees or agents.
C. The Lessor agrees to save, keep harmless, defend, and indemnify the City-Lessee and all
its officers, employees, and agents against any and all liability claims, and costs
whatever kind and nature, for injury to or death of any person or persons, and for loss or
damage to any property occurring in connection with or in any way incident to or arising
out of the Lessor’s occupancy, use, service, operation, or performance of work in
connection with this agreement. The Lessor shall be responsible for obtaining insurance
for any improvements or structures located on the subject property placed and used by
Lessor.
The City-Lessee agrees to save, keep harmless, defend, and indemnify the Lessor and all
its officers, employees, and agents against any and all liability claims, and costs
whatever kind and nature, for injury to or death of any person or persons, and for loss or
damage to any property occurring in connection with or in any way incident to or arising
out of the City-Lessee’s occupancy, use, service, operation, or performance of work in
Page 4
connection with this agreement. The City-Lessee shall be responsible for obtaining
insurance for any improvements or structures located on the subject property placed and
used by City-Lessee.
Each party will carry public liability insurance including protection for bodily injury and
property damage in an amount of not less than $1,000,000 per occurrence. A Certificate
of Insurance naming the City-Lessee as an additional insured shall be sent to the City-
Lessee on the City’s approved form providing for written notice to the City-Lessee 30
days in advance of full or partial cancellation.
0
D. It is understood by all parties, the City-Lessee and the Lessor, that this lease of the area
is a shared use lease for ingress & egress and parking on the described area. Neither
party can disrupt, restrict or deny free described use of this area.
VI. PAYMENT FOR USE
0 A. The City-Lessee agrees to pay the amount of $2000 for all due consideration and
use of the leased property during the first year of the lease. The amount will increase by
3% of the prior year’s lease amount yearly commencing with the second year of the
lease each year unless otherwise negotiated by the parties.
VII. OTHER MUTUALLY AGREED UPON CONDITIONS
A. The Lessor agrees to plow the access road and all other paved surfaces at the site. On a
regular and timely basis, the City-Lessee agrees (as stated in 111 Obligations of the City,
paragraph E ) to help out in heavy snow conditions.
B. The City-Lessee agrees to honor all Boxhorn membership cards displayed on the
dashboards of vehicles towing trailers as paid launch fees thru December 31,2002.
VIII. TAXES AND ASSESSMENTS
0 The Lessor shall pay all property taxes and special assessments and special charges when
due.
Page 5
IX. MORTGAGES AND OTHER LIENS
0 The Lessor shall, at all times during the term of this lease, keep the property free and clear
of any mortgages and/or other liens superior to the right of the City-Lessee.
X. SUCCESSORS AND ASSlGNS
This lease shall be binding upon and inure to the benefit of the parties hereto and their
respective heirs, representatives, successors and assigns, and shall be a covenant running with the
land.
SIGNED THIS DAY OF ,200 1
By:
CITY OF MUSKEGO: THE RICHARD G. AND LOIS A. BENNETT
LIVING TRUST DATED OCTOBER 19.1999
David L. De Angelis, Mayor
0 Clerk-Treasurer
Jean K. Marenda, CMC
ACKNOWLEDGEMENT
State of Wisconsin
Waukesha County }
Personally came before me this ~
,200- the above named David L. De Angelis
day of
and lean K. Marenda to me known to be the persons who
cxecutcd the foregoing instrument and acknowledged the same.
ss
ACKNOWLEDGEMENT
State of Wisconsin )
Waukesha Counry }
Personally came before me this ~ day of
SI
,200- the above named
to me known to be the person(s) who executed the
foregoing instrument and acknowledged rhe same.
(name printed)
Notary Public
My Commlssion is permanent. (If not, state expiration
County, Wis.
date .I
(name printed)
Notary Public County, Wis.
My Commission is permanent. (Ifnot. state expiralion
date: .I
This document was drafted by David L. De Angelis, City of Muskego, W 182 S8200 Racine Avenue, Muskego.
Wisconsin 53150.
C.S.M. 8153
PARCEL 4
PARCEL 1
I
RICHARD & LOIS BENNETT
LlVlNG TRUST PROPERTY
(BOAT LAUNCH ACCESS EASEMENT)
EXHIBIT “A”
..
SCALE: 1” = 150’
REV. 12/05/01 REV. 12/13/01 y. 7
a
Exhibit “B”
rl, All that part of the Southeast % of the Northeast % of Section 23, and part of the
Southwest % of the Northwest % of Section 24, Town 5 North, Range 20 East, in
the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southwest corner of Parcel 2, Certified Survey Map No.
8153, said point also being the point of beginning of lands described herein; thence North
02O28’25” West along the West line of said Parcel 2,226.76 feet; thence North
71”25’32” West 189.05 feet; thence South 35”11’ 08” West 41.74 feet; thence North
71’25’32’’ West 350.77 feet to a point on a meander line on Big Muskego Lake; thence
North 26’28’05” East, along said meander line, 189.46 feet to an intersection of meander
lines; thence North 04’32’47” East along said meander line, 11.12 feet; thence South
77”01’50” East 234.10 feet; thence South 1 1’13’02” West 92.09 feet; thence South
71”25’32” East 318.33 feet; thence South lO”33’35” West 65.15 feet; thence South
02”28’25” East 234.83 feet, to the North right-of-way line of Boxhorn Drive; thence
South 87’32’30” West along said right-of-way line 50.00 feet to the point of beginning.
Also including those lands lying between said meander line and lakeshore on the
easement lines extended. Containing 96,591 square feet (2.22 acres) more or less as
measured to the meander line.
0 Daniel R. Flamini RLS # S-2486
a