CCR2004190.
.
.
AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #190-2004
APPROVAL OF LEASE AGREEMENT BETWEEN
WAUKESHA COUNTY AND THE CITY OF MUSKEGO
FOR THE TESS CORNERS MUNICIPAL PARKING LOT
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 Waukesha County and the City of Muskego for the
construction and operation of a public municipal parking lot.
BE IT FURTHER RESOLVED That the Mayor, in consultation with the City Attorney
and Engineering/Building Inspection Director, may make any necessary technical
changes to the Agreement.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Lease Agreement, as amended, in the name of the City.
DATED THIS 14th DAY OF DECEMBER ,2004.
SPONSORED BY
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
Deferred: 11/9/04, 11/23/04
This is to certify that this is a true and accurate copy of Resolution #190-2004 which
was adopted by the Common Council of the City of Muskego.
11/2004jmb
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.
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This lease is made this day of , 2004, between the County of
Waukesha, a municipal corporation ("lessor"), and The City of Muskego, a municipal corporation.
("lessee"):
Lessor, in consideration of the rent later specified to be paid by lessee, and in the covenants and
agreements later contained herein to be performed by the lessee, has let the lessee those certain
premises located at S 67 W14543 and S 67 W14549 Janesville Road, City of Muskego, County of
Waukesha, State of Wisconsin ("leased premises"). Said parcel is also described in attachment "A"
and attachment "B"
This agreement holds unto the lessee the following terms and conditions:
1. Term: The term of this lease shall be Ten Years beginning on the , and
ending on , except as otherwise subsequently provided.
2. Rental Amount: Lessee agrees to pay to lessor as rent for the premises the sum of One Dollar
($1.00) for the full term of this lease, which shall be paid without delay, deduction or default.
3. Purpose and Use: Lessee shall use the leased premises solely for construction and operation of a
public municipal parking lot. The leased premises shall be used for no other purpose without prior
written consent of lessor.
4. Assignment and Mortgage: Neither the leased premises nor any portion of them shall be sublet, nor
shall this lease or any interest in it be assigned, hypothecated or mortgaged by lessee. Any
attempted assignment, subletting, hypothecation or mortgaging of this lease shall confer no rights
upon any assignee, sublease, mortgagee or pledgee.
.
5. Improvements Repairs and Maintenance: Lessee represents that lessee has inspected and examined
the leased premises and accepts them in the present condition. Except as provided below, the
Lessee shall make no improvement, alterations or changes of any nature to the property without
first receiving the written consent of the County. Lessee agrees to make any improvements and
repairs at lessee's sole cost and expense. Lessee also agrees to keep the leased premises safe and in
good order and condition at all times during the term.
a. The Lessee shall be permitted to construct a municipal parking lot, along with
appurtenant signs, lighting, and markings. The Lessee, at their own cost, shall
grade, place gravel, asphalt pave and mark the designated parking area. The Lessee
shall follow all requirements placed by local zoning along with State laws pertaining
to surface drainage and runoff. Lessee shall be responsible for all construction
.
permits, costs and inspections. All fixtures and improvements installed by lessee
shall remain the property of lessee, who may remove them upon the termination of
this lease. Removal shall be done in a manner that will not injure or damage the
leased premises
b. Lessee shall fence the existing channel and creek to protect trespass between the
parking area and the creek. Said fence shall be placed along the east line of the
lease area as described in exhibits "A" and "B" The fence shall be 6 feet high
chain link, or other type by mutual agreement. Any changes in fence type shall be
at the mutual agreement of both Lessee and County.
c. Lessee is made aware of identified Environmental Issues including released
hazardous substances and former leaking underground storage tanks at this location.
Lessee agrees to follow all applicable federal, state and local environmental laws
and regulations in the construction and operation ofthe parking area. Additionally,
.
Lessee agrees to protect all monitoring wells and associated equipment placed by
Waukesha County at this location for the duration of this lease. Lessee shall be
responsible for all costs to repair or replace damaged monitoring wells within the
lease area for the duration of this lease or until such time as wells are no longer
required.
.
.
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Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 3 of8
d. Within 30 days prior to the termination of this Lease, the Lessee shall restore the
land to the a similar condition it vias in, prior to the lease, satisfactory to the County
as to that which it was in prior to entering of this Lease. All such work is at Lessees
cost. Restoration of site shall include the removal of all improvements, including
asphalt paving, lighting, signage and fixtures. The Lessee shall grade all disturbed
areas, place a minimum of 3 inches of topsoil, seed and mulch. Lessee agrees to
protect all monitoring wells and associated equipment during restoration activities.
6. Lessor May Enter: Lessee agrees that lessor, lessor's agents or employees, may enter upon the
leased premises at any time, without written notice, during the lease term or any extension of the
lease term for the purpose of inspection or other work necessary for the maintenance of the
property. Lessor and lessee agree that work will be performed in such a manner as to cause a
minimum interference with lessee's use of the property.
7. Insurance: During the term of the lease, lessee shall, at its sole cost and expense, maintain
general liability insurance on forms and in companies satisfactory to lessor, against claims for
personal injury, death or property damage occurring upon, in or about the leased premises. The
general liability insurance policy shall be written to provide coverage for, but not limited to, the
following: premises and operations, personal injury and blanket contractual coverage.
Waukesha County, its boards, commissions, agencies, officers, employees and representatives
shall be named as additional insured. It is understood that the specified coverage in no way
limits the liability of lessee and that lessee shall carry insurance in amounts so as to indemnify
the lessor from all claims, suits, demands and actions.
C:\Documents and Settings\sm\Locai Settings\Temporary Internet Files\OLK5\Lease parking CTH Ll.doc
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Lease Agreement
Waukesha County and The City of Muske go
S67 W14543 and W14549 Janesville Road
Page 4 of8
All policies of insurance issued pursuant to the provisions in this paragraph shall contain an
agreement by the insurer that the policies shall not be canceled without at least Thirty (30) days
prior written notice to lessor.
Prior to lessee taking possession of the leased premises, lessee shall furnish lessor with a Certificate
of Insurance. The certificate shall reference this agreement and additional insured status as
required.
8. Indemnity: The Lessee shall defend, indemnify and hold harmless the County and all of its
officers and employees for and against any lawsuits, claims and demands, and all losses,
expenses, damages, judgments, awards, fees and costs, that result from or are in any way
related to the PROPOSED use of the leased premises. The County shall defend, indemnify and
hold harmless the Lessee and its officers and employees for and against any lawsuits, claims,
and demands, and all losses, expenses, damages, judgments, awards, fees and costs, that result
from or are in any way related to the migration of the kno\vn contaminated materials from the
site any environmental issues affecting the property.
9. Default: In the event that lessee shall be in default in the performance of any of the terms or
conditions agreed to be kept and performed by the lessee, lessor may terminate and end this lease
immediately, without written notice to lessee. Upon termination, lessor may enter upon the
premises and remove all persons and property, and lessee shall not be entitled to any money paid or
any part of that money paid. In the event that the lessor shall bring a legal action to enforce any of
the terms of this lease, to obtain possession of the premises by reason of any default oflessee, or
otherwise, lessee agrees to pay lessor all costs allowed by law.
10. Notices: Any notices that are required here, or which either lessor or lessee may desire to serve
upon the other, shall be in writing and shall be deemed served when delivered personally. Notices
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Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 5 of8
shall also be deemed served when deposited in the United States mail, postage pre-paid, return
receipt requested, addressed to lessee at W182 S8200 Racine Avenue, Muskego WI 53150 or
addressed to lessor at Department of Public Works, 1320 Pewaukee Road, Suite 220,
Waukesha, WI. 53188.
11. Waiver: Waiver by lessor of any default in performance by lessee of any of the terms, convenants,
or conditions contained here shall not be deemed a continuing waiver ofthat default or any
subsequent default.
12. Compliance with Law: Lessee agrees to comply with all laws, ordinances and regulations that may
pertain or apply to the leased premises, lessee's facility and lessee's use of the leased premises.
In witness, the parties have executed this agreement on
County of Waukesha
By:
Date:
The City of Muskego
By:
Date:
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Lease Agreement
Waukesha County and The City of Muske go
S67 W14543 and W14549 Janesville Road
Page 6 of8
Attachment "A"
Legal Description of the Lease Area
Being part of Parcel 1, and part of Parcel 2, Certified Survey Map No. 6642 located in the Northwest
1/4 of the Southeast 1/4 of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows:
Commencing at the Southwest comer of Parcel 1 of said Certified Survey Map No. 6642, said point
also being the point of beginning; thenceN26053' 09" W 159.45 feet, to the
Southerly right-of-way line of Janesville Road; thence N 57031' 11" E
along said Southerly line 39.21; thence S 54022' 03" E 28.88 feet, to
a point on a curve; thence 95.01 feet along the arc of a curve, with
the center lying to the Northeast, having a radius of 120.00 feet,
and a chord distance of 92.55 feet which bears S 56046' 48" E, to the
Easterly line of Parcel 2 of said Certified Survey Map No. 6642;
thence S 28050' 55" E along said Easterly line 58.83 feet, to the
Southerly line of said Parcel 2; thence S 63054' 05" W along said
Southerly line and also along the Southerly line of said Parcell a
distance of 100.50, to the point of beginning. Containing 12,349
sq. ft. (0.28 acres) (Bearings are referenced to Certified Survey Map
No 6642.)
Daniel R. Flamini R.L.S. 2486
9/14/2004
C:\Documents and Settings\sm\Local Settings\Temporary Internet FiIes\OLK5\Lease parking CTH L1.doc
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Lease Agreement
Waukesha County and The City of Muske go
S67 W14543 and W14549 Janesville Road
Page 7 of8
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Lease Agreement
Waukesha County and The City of Muske go
S67 W14543 and W14549 Janesville Road
Page 80f8
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C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH Ll.doc
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #190-2004
APPROVAL OF LEASE AGREEMENT BETWEEN
WAUKESHA COUNTY AND THE CITY OF MUSKEGO
FOR THE TESS CORNERS MUNICIPAL PARKING LOT
sfegol' upon the
ro~ tt)ê attached Lease
ego'òi the construction
\,;"
BE IT FURTHER RESOLVED That the Mayor, in con Itatioþl with the City Attorney
and Engineering/Building Inspection Director, may ke ~y necessary technical
changes to the Agreement. ~)
BE IT FURTHER RESOLVED That the Mayor a (j CI~i'k-Treasurer are authorized to
sign the Lease Agreement in the name of the ty. \'
>,
BE IT RESOLVED That the Common Council of the City of
recommendation of the Finance Committee, does hereby a
Agreement between Waukesha County and the City of M
and operation of a public municipal parking lot.
DATED THIS DAY OF
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
Deferred: 11/9/04, 11/23/04
This is to certify that this is a true and accurate copy of Resolution #190-2004 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
11/2004jmb
.-"
.
.
.
This lease is made this day of , 2004, between the County of
Waukesha, a municipal corporation ("lessor"), and The City of Muskego, a municipal corporation.
("lessee") :
Lessor, in consideration ofthe rent later specified to be paid by lessee, and in the covenants and
agreements later contained herein to be performed by the lessee, has let the lessee those certain
premises located at S 67 W14543 and S 67 Wl4549 Janesville Road, City of Muskego, County of
Waukesha, State of Wisconsin ("leased premises"). Said parcel is also described in attachment "A"
and attachment "B"
This agreement holds unto the lessee the following terms and conditions:
1. Term: The term of this lease shall be Ten Years beginning on the , and
ending on , except as otherwise subsequently provided.
2. Rental Amount: Lessee agrees to pay to lessor as rent for the premises the sum of One Dollar
($1.00) for the full term of this lease, which shall be paid without delay, deduction or default.
3. Purpose and Use: Lessee shall use the leased premises solely for construction and operation of a
public municipal parking lot. The leased premises shall be used for no other purpose without prior
written consent of lessor.
4. Assignment and Mortgage: Neither the leased premises nor any portion of them shall be sublet, nor
shall this lease or any interest in it be assigned, hypothecated or mortgaged by lessee. Any
attempted assignment, subletting, hypothecation or mortgaging of this lease shall confer no rights
upon any assignee, sublease, mortgagee or pledgee.
Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 2 of7 .
5. Improvements Repairs and Maintenance: Lessee represents that lessee has inspected and examined
the leased premises and accepts them in the present condition. Except as provided below, the
Lessee shall make no improvement, alterations or changes of any nature to the property without
first receiving the written consent of the County. Lessee agrees to make any improvements and
repairs at lessee's sole cost and expense. Lessee also agrees to keep the leased premises safe and in
good order and condition at all times during the term.
a. The Lessee shall be permitted to construct a municipal parking lot, along with
appurtenant signs, lighting, and markings. The Lessee, at their own cost, shall
grade, place gravel, asphalt pave and mark the designated parking area. The Lessee
shall follow all requirements placed by local zoning along with State laws pertaining
to surface drainage and runoff. Lessee shall be responsible for all construction
.
permits, costs and inspections. All fixtures and improvements installed by lessee
shall remain the property of lessee, who may remove them upon the termination of
this lease. Removal shall be done in a manner that will not injure or damage the
leased premises
b. Lessee shall fence the existing channel and creek to protect trespass between the
parking area and the creek. Said fence shall be placed along the east line of the
lease area as described in exhibits "A" and "B" The fence shall be 6 feet high
chain link, or other type by mutual agreement. Any changes in fence type shall be
at the mutual agreement of both Lessee and County.
c. Lessee is made aware of identified Environmental Issues including released
hazardous substances and former leaking underground storage tanks at this location.
Lessee agrees to follow all applicable federal, state and local environmental laws
.
and regulations in the construction and operation of the parking area. Additionally,
Lessee agrees to protect all monitoring wells and associated equipment placed by
Waukesha County at this location for the duration of this lease. Lessee shall be
responsible for all costs to repair or replace damaged monitoring wells within the
lease area for the duration of this lease or until such time as wells are no longer
required.
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc
,
.
.
.
Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 3 of7
d. Within 30 days prior to the tennination of this Lease, the Lessee shall restore the
land to the condition it was in, prior to the lease, satisfactory to the County. All
such work is at Lessees cost. Restoration of site shall include the removal of all
improvements, including asphalt paving, lighting, signage and fixtures. The Lessee
shall grade all disturbed areas, place a minimum of 3 inches of topsoil, seed and
mulch. Lessee agrees to protect all monitoring wells and associated equipment
during restoration activities.
6. Lessor May Enter: Lessee agrees that lessor, lessor's agents or employees, may enter upon the
leased premises at any time, without written notice, during the lease tenn or any extension of the
lease tenn for the purpose of inspection or other work necessary for the maintenance of the
property. Lessor and lessee agree that work will be perfonned in such a manner as to cause a
minimum interference with lessee's use of the property.
7. Insurance: During the tenn of the lease, lessee shall, at its sole cost and expense, maintain general
liability insurance on fonns and in companies satisfactory to lessor, against claims for personal
injury, death or property damage occurring upon, in or about the leased premises. The general
liability insurance policy shall be written to provide coverage for, but not limited to, the following:
premises and operations, personal injury and blanket contractual coverage. Waukesha County, its
boards, commissions, agencies, officers, employees and representatives shall be named as
additional insured. It is understood that the specified coverage in no way limits the liability of
lessee and that lessee shall carry insurance in amounts so as to indemnify the lessor from all claims,
suits, demands and actions.
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc
.
.
.
Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 4 of7
All policies of insurance issued pursuant to the provisions in this paragraph shall contain an
agreement by the insurer that the policies shall not be canceled without at least Thirty (30) days
prior written notice to lessor.
Prior to lessee taking possession of the leased premises, lessee shall furnish lessor with a Certificate
of Insurance. The certificate shall reference this agreement and additional insured status as
required.
8. Indemnitv: The Lessee shall defend, indemnify and hold harmless the County and all of its officers
and employees for and against any lawsuits, claims and demands, and all losses, expenses,
damages, judgments, awards, fees and costs, that result from or are in any way related to the
PROPOSED use of the leased premises. The County shall defend, indemnify and hold harmless
the Lessee and its offìcers and employees f()r and against any lawsuits, claims, and demands, and
aJI losses, expenses, damages, judgments, awards, fees and costs, that result from or are in any way
relatcd to thc migration ofthc known contaminated materials fì-om the site
9. Default: In the event that lessee shall be in default in the performance of any of the terms or
conditions agreed to be kept and performed by the lessee, lessor may terminate and end this lease
immediately, without written notice to lessee. Upon termination, lessor may enter upon the
premises and remove all persons and property, and lessee shall not be entitled to any money paid or
any part of that money paid. In the event that the lessor shall bring a legal action to enforce any of
the terms of this lease, to obtain possession of the premises by reason of any default of lessee, or
otherwise, lessee agrees to pay lessor all costs allowed by law.
10. Notices: Any notices that are required here, or which either lessor or lessee may desire to serve
upon the other, shall be in writing and shall be deemed served when delivered personally. Notices
shall also be deemed served when deposited in the United States mail, postage pre-paid, return
receipt requested, addressed to lessee at W182 88200 Racine Avenue, Muskego WI 53150 or
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc
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.
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Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 5 of7
addressed to lessor at Department of Public Works, 1320 Pewaukee Road, Suite 220,
Waukesha, WI. 53188.
11. Waiver: Waiver by lessor of any default in perfonuance by lessee of any ofthe tenus, convenants,
or conditions contained here shall not be deemed a continuing waiver of that default or any
subsequent default.
12. Compliance with Law: Lessee agrees to comply with all laws, ordinances and regulations that may
pertain or apply to the leased premises, lessee's facility and lessee's use of the leased premises.
In witness, the parties have executed this agreement on
County ofWaukesha
By:
Date:
The City of Muskego
By:
Date:
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc
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Lease Agreement
Waukesha County and The City of Muskego
567 W14543 and W14549 Janesville Road
Page 6 of7
Attachment "A"
Legal Description of the Lease Area
Being part of Parcel 1, and part of Parcel 2, Certified Survey Map No. 6642 located in the Northwest
1/4 of the Southeast 1/4 of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows:
Commencing at the Southwest comer of Parcell of said Certified Survey Map No. 6642, said point
also being the point of beginning; thence N 26053'09" W 159.45 feet, to the Southerly right-of-way
line of Janesville Road; thence N 57031' 11" E along said Southerly line 39.21; thence S 54022 '03" E
28.88 feet, to a point on a curve; thence 95.01 feet along the arc of a curve, with the center lying to the
Northeast, having a radius of 120.00 feet, and a chord distance of92.55 feet which bears S 56046'48"
E, to the Easterly line of Parcel 2 of said Certified Survey Map No. 6642; thence S 28050' 55" E along
said Easterly line 58.83 feet, to the Southerly line of said Parcel 2; thence S 63054'05" W along said
Southerly line and also along the Southerly line of said Parcell a distance of 100.50, to the point of
beginning. Containing 12,349 sq.ft. (0.28 acres) (Bearings are referenced to Certified Survey Map
No 6642.)
Daniel R. Flamini R.L.S. 2486
9/14/2004
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc
Lease Agreement
Waukesha County and The City of Muskego
S67 W14543 and W14549 Janesville Road
Page 7 of7
.
A"ACHMENT -B- LOCATION MAP
.
2165-977
.'s/ :."
1165-'J84
,>,
\ 2165-96+001
C:\Documents and Settings\sm\Local Settings\Temporary Internet Files\OLK5\Lease parking CTH L.doc