CCR2006142.
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COMMON COUNCIIL - CITY OF MUSKEGO
RESOLUTION #142-2:006
RESOLUTION TO AMEND THE AGRE:EMENT BETWEEN
THE CITY OF MUSKEGO AND W'ATER IBUGS SKI TEAM, INC.
FOR USE OF IDLE ISLE P~~RK AND
THE IDLE ISLE: PAVILION
WHEREAS, The Common Council approved an Agre!ement Between the City of
Muskego and Water Bugs Ski Team, Inc. for USH of Idle Isle Park and the Idle Isle
Pavilion on November 22, 2005; and
WHEREAS, The Water Bugs Ski Team, Inc. requestl~d an amendment to Section 15 of
the Agreement regarding the required insurance covE~rage to eliminate the $10,000
Medical Expense as this component is covered under the $1,000,000 Liability
Insurance; and
WHEREAS, The Parks and Recreation Board and Finance Committee have reviewed
the proposed amendment and have recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Parks and Recreation Board and Finance
Committee, does hereby approve the attached J31~greE!ment Between the City of
Muskego and Water Bugs Ski Team, Inc. for Use of Idle Isle Park and the Idle Isle
Pavilion with an amendment to Section 15 as noted above.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the amended
Agreement in the name of the City.
DATEDTHIS 11th DAY OF JULY ,2006.
~5PONSORED BY
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. EilE~en Madden
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #142-2006 which
was adopted by the Common Council of the City of Muskego.
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. CITY OF MUSKEGOIWATER IBUGS SKI TEAM, INC.
AGREEMENT FOR USE OF IDLE ISLE PARK
AND THE IDLE ISLE PA VILION
This agreement is made and effective as of the First day of May 2006, and runs thru the
Thirtieth day of April 2016, by and between the Muskego Water Bugs Ski Team, Inc.
(the "Water Bugs") and the City of Muskego (the "City"). Due to prorated dollars under
section two, lease payments to the City of Muskego may be made after the 10-year
period. This agreement is renewable with consent of both parties.
Section One: IntrodlLlction
Purpose
A. This agreement is contingent upon the City completing the proposed building
at its discretion. If the City decides not to complete the building for any
reason, this Agreement is null and void.
Section Two: Term (]If Lease and Lease PaJIments
.
The term of this lease shall be for a period of ]2 years commencing on the first
day of Mav 2006, and ending on the !J}jrtieth day of April 2016. The Water Bugs
shall pay the sum of $94,390 by making monthly payments of $786.58 before the
first of the month to the City of Muskego. The following conditions would also
apply:
a. The Water Bugs will be able tc use the pavilion year round for various
fundraisers and functions. Parks & Recreation Board will approve on
a case-by-case basis with pavilion rental fees waived.
b. In the event the City of Muskego or the Wisconsin DNR determines
Little Muskego Lake unusable, the payment for that time period will
be prorated past the In-year lease. A maximum monthly payment of
$786.58 would be used. In the event the lake is deemed unusable for a
period of more than 2 years, thls agreement and payments will
discontinue.
c. If the Water Bugs Ski Team, Inc. ceases to exist during the repayment
of the lease amount, all payments will discontinue.
Section Three: Usage for Shows and Pnlctkes
.
A. A minimum number of show elates will be ~;et at 14 and practices will be set at
30, per calendar year. The Water Bug; Ski Team, Inc., with its
representatives, needs to appear annually before the Parks & Recreation Board
to request their annual parking, show, practice, and water ski lesson dates.
Dates can be taken away based on infractions against the Water Bugs. The
Parks & Recreation Board can recommend this to the Finance Committee.
. B. Times for shows/practices:
Show/pracltÌce times, 6:30 p.m. to 8:30 p.m. (mid May-July).
Show/pracltÌce times, 6:00 p.m. to 8:00 p.m. (August).
C. Set-up times for shows/practices (includes moving the ski jump and take-over
of Water Bugs pier):
Show/practice time set up from 6:00 p.m. to 6:30 p.m. (mid May-July) and
5:30 p.m. to 6:00 p.m. (August).
D. Take-down times after shows/practice~::
Practice/show times take down by 9:00 p.m.
E. Sound system will only be used for show dates and should only be loud
enough for show spectators and participants to enjoy.
.
Section Four: Removal of ski jump and return of buoys to rectangular position:
A. Buoys and ski jump and any associated pennits must conform to any and all
governmental regulations, at aU times, concerning piers and ski jumps during
the terms of this agreement.
B. Ski jump !)1Ust be put up and removed within the Common Council's
designated set-up and take down tIlmes. See Section 3D, if the weather
prevents takedown of ski jump.
C. Buoys in swimming area must be retumed to original rectangular position
within Board's designated take down time. This also applies to when the ski
team is giving ski lessons (two separate program offerings) for the Parks and
Recreation Department. If slalom league cl ass is to continue, a buoy
placement map is required before agreement approval.
D. If threat or existing weather condi1tiom would make it difficult to return the
ski jump to off-use position designated by the Common Council (DeAngelis
Island area), then the show/practice must be cancelled. The ski jump is to be
anchored where designated by the Common Council during times not
delegated by the Board for use during scheduled show/practice times (or as
designated by City of Muskego); and the ski jump is to be anchored, by 10:00
a.m. the following day, where designated by the Common Council if a storm
comes up during the show/practice making it impossible to move at that time.
E. Swimming buoys will be the last things moved before show/practice time; no
more than 10 minutes prior to show/practice time; and returned to their
original location within the first 10 minutes after the completion of the
show/practice time.
F. In the event of hot weather (85 degree5+) when the public is extensively using
the beach, the Park Manager wiIl reserve the right to disallow the moving of
the swimnÜng buoys on scheduled practice/show dates.
G. Water Bugs Ski Team, Inc. will provide two attendants to assist the Park
Manager in controlling the vehicle traffic flow and parking lots before, during
and after aU water ski shows and wlll provide one attendant on Tuesday
evenings when the fishing tournament:~ are occurring. Times are
approximately 6:00 p.m.-9:00 p.m. The auendants assigned by the ski club
will remain consistent throughout the ~;eason and is subject to the approval of
.
. the Park Manager. If attendants are nüt provided, the City reserves the right to
assess the ski team a user fee to cover the expense of hiring attendants.
Section Five: Security Deposit/Utilities
A. Security Deposit - A $200.00 refundable security deposit must be paid to the
Parks and Recreation Department office, W 182 S8200 Racine Avenue, Muskego
WI 53150 before the first scheduled use orIdle Isle Park. The security deposit
will be returned at the end of the season, if there were no problems. If the whole
deposit will not be returned, the Parks and Recreation Board will submit a written
account to Water Bugs President listing reason~;.
B. Utilities - The Lessee shall be responsible for building utility costs during their
months of usage above the average COSI: of building non-use.
If Water Bugs are desirous of heating the building, such will be done at their
expense.
An annual payment for these utility charges must be received at the Muskego
Parks and Recreation Department, P. O. Box 749, Muskego WI 53150, no later
than October 30th of each year.
.
Section Six: Signage (Water Bugs will make the following signs, with prior approval of
Parks & Recreation Director).
a. Lifeguard Chair Sign and Park Entrance Signs: Indicate swimming area will
be decreased ten minutes priior to and throughout the practice times and
closed during show times. The swimming area will be open to public ten
minutes after show or practice time unless in the case of a cancelled show
or practice.
b. Pier Sign and Park Entrance Sig!!;~: Indicate pier will be closed to public
one-half hour prior to and throughout the practice/show times posted at the"
pier. Pier will be open to public one -half hour after show or practice time
unless in the case of a cancelled show or practice".
c. No public swimming, iumpÍl!&..~~' diving off pier and no public boat
docking: Indicate that swimming, jumping, or diving is prohibited at all
times on or near the pier. Also, no boat docking to pier.
.
Section Seven: Parking
a. The Board will issue five (5)l@kirul passes, free of charge, to Water Bugs
designated person. This person can isslle these five (5) passes to members of
the team.
b. If the parking lot is full, special parking for vehicles and/or equipment will
be allowed along the 130' service drive leading to the building marked
"Authorized Vehicles Only."
c. The Water Bugs equipment trailer w III be parked along the service drive
fronting the beach marked "Authorized Vehicles Only."
. d. No Water Bugs equipment will be left on the premises, with the exception
of the Water Bugs owned pier, or other item~; as approved by the Parks &
Recreation Director.
Section Eight: Contact Persons
Contact person from Water Bugs wiII be the Water Bugs President. The Water
Bugs will also be responsible for listing an alternate contact. The Team wiII
designate their contact person and ahernate who wiII be the Team's
representatives and who wiII receive an y correspondence (or summons if this
becomes necessary). These names wiII be submitted to the Parks and
Recreation Board.
The Parks and Recreation Board's contact person wiII be the Park Manager.
The alternate contact person willI be the Parks and Recreation Director. If
circumstances would arise not covered by th~se rules, the Water Bugs must
contact above person(s) for a decision.
Section Nine: Inclement Weather
If weather conditions result in a cancellation of a scheduled show/practice date, a
make up date will be considered. The make up date must be confirmed in writing
by the Parks & Recreation Director and must be rescheduled within two weeks of
the cancelled elate.
. If cancellation is determined other than at the park (earlier in the day for
example), the Parks and Recreation Director wlll be contacted so he may inform
the Park Manager.
Section Ten: Water Bugs Membership
A membership list of the Water Bugs must be submitted to the Parks and
Recreation Board by the Water Bugs designated person, with the membership
updated monthly by the Water Bugs contact per~on to the Parks & Recreation
Director.
Section Eleven: Maintenance and Opemtion of COlilcession/Storage AreaJInterior
Bathroom In Pavilion and Water Bugs Owned Pier
The City hereby agrees to lease to the '~aler Bugs and the Water Bugs agrees to
lease from the City the following described real estate.
.
Portion of park pavilion, described as large storage area,
changing room, and concessions are a (on show dates),
located at W 182 S6666 Hardtke Drive, that part of the
West half (W 1/2) of Section 4, Township 5 North,
Range 20 East, and part of the Southwest Quarter and
island 7.5 acres, Volume 1185367, also known as tax
key MSKC 2174.959.
. A. The Water Bugs shall be solely responsible for maintaining the rental property
in good condition during the term of tbis agreement. Any improvements,
additions or install improvements are subject to prior review and approval by
the Parks and Recreation Board. The Vvater Bugs shall obtain from duly
prescribed officials the permits necessary to operate a concession stand and
sell foods and beverages.
B. Water Bugs agrees to keep on hand at all times a sufficient supply of all
merchandise to adequately serve the public, including but not limited to a
first-aid kit which is always kept full of first-aid supplies and a cell phone for
emergency purposes.
C. Water Bugs agrees they will maintain 111 premises in a manner consistent
with, or demanded by, all healith departments and pure food examiners, and
also that the premises will at all times be kept open for the proper inspection
by duly aUithorized representatives of the City of Muskego or any other agency
having jurisdiction thereto.
D. The use of loud or profane language, boisterous or lewd conduct will be
strictly prohibited.
.
E. Water Bugs will agree not to allow any person to live or sleep on the premises
without the permission of the dul y authorized official of the City of Muskego.
F. Water Bugs agree to comply with all laws and ordinances that are now in
effect to govern conduct of a business or concession such as now maintained.
G. Water Bugs agrees to employ competent persons to be in attendance on
premises used by them, and that at no dme will there be less than one adult
constantly in charge of said premises only during hours of their operation.
H. Water Bugs agrees that they will not allow rubbish to accumulate in any form
on the premises used by them or at a prescrlbed distance from such facility
used by them. Water Bugs must provide adequate waste receptacles in the
building and shall also be responsible for removing waste from their operation
from the facility. Water Bugs must keep clean the interior bathroom of the
building. The City will not provide garbage service for their operation.
1. The Water Bugs agrees that any equipnent or booths needed by them for the
operation of their concession program will be placed only on locations
approved by the Parks and Recreation Board and that they will remove any
such stands not so approved.
.
J. The hours of operation must coincide with the hours of the local ordinance
governing the park hours (5:00 a.rn.-1O:00 p.m.). The general public will be
able to rent the concessions area from the City on dates the Water Bugs are
. not approved for show use. The use of the park pavilion shall be for the sale
of soft drinks, lemonade, and packaged goods (ice cream, snack foods, candy,
chewing gum). Any additional uses or sale of items must be presented to the
Parks and Recreation Board for review and approval. Failure to comply with
these uses is subject to termination by the Parks and Recreation Board.
K. The Water Bugs agrees that they will, at their own expense, cause all damage
or injury to the property of the City of Muskego to be repaired if the Water
Bugs, their agents or employees cause such damage.
L. The Water Bugs agrees that no sign or advertising matter of any kind shall be
displayed on the building or grounds at Idle Isle Park unless approved by the
Parks and Recreation Board and, if necessary, Plan Commission of the City of
Muskego.
M. The Water Bugs shall not, without written consent of the City of Muskego,
sublet the premises or any part thereof, nor assign, hypothecate or mortgage
the agreement.
.
N. Those persons representing the City of Mmkego reserve the right, exercisable
at any time during the term hereof, or extension thereof, to enter the premises
for the purpose of inspection and making repairs to the building for the proper
preservation and maintenance of said premises.
O. If the premises are destroyed by tìre, food, casualty, war or any other
purpose, then the agreement at the option of either party shall cease and come
to an end. But in case of any partial damage, the City of Muskego may restore
the premises to the previous condition,
P. All concession sales will be made from inside the building as shown on
Exhibit A.
Q. The Water Bugs owns their pier. They have the responsibility of repair,
maintenance, and liability, and placement according to the Parks and
Recreation Board's direction (refer to pier agreement). The Parks &
Recreation Director is to be contacted prior to the placement of the pier on
Idle Isle. The City of Muskego and Parks and Recreation Department and
Board must be listed as additional i nsrred' s on the insurance policy of the
Water Bugs (form provided by City of Muskego).
Section Twelve: Consequences For Noll Compllying With Rules
.
The Parks and Recreation Board will review summer Vvater Bugs use of the park at the
October meeting in regard to the rules established for the Water Bugs. A monthly review
(activities occurring May - August) will take place as Ílt relates to the 2 unscheduled
visits to Idle Isle Park by the Muskego Police Department.
. a. A substantiated non-frivolous complaint by a cltizen(s), an alderman, Park
Manager, water patrolman, lifeguard,. police department, Parks and Recreation
Board member, Parks & Recreation Director. Complaints are substantiated by
the Muskego Police Department.
b. The Parks & Recreation Director will contact the Water Bugs contact person
concerning consequences by phone with a follow-up in writing whenever a
complaint is substantiated. The date of the phone call will serve as the
notification of denial of park use.
(I) First Offense: Permission to use Idle Isle Park will be denied for the next two
scheduled dates (practice and/or show dates).
(2) Second Offense: Pennission to use Idle Isle Park will be denied for the next
four scheduled dates (practice andlor show dates).
(3) Third Offense: Denial of remainder of year's schedule, and possible affect on
next year's request.
.
Section Thirteen: Ski Patterns (see exhibit. A)
In regard to the ski pattern, a 100-foot clearance between skiers and the islands and the
fishing pier must be maintained. A 100-foot temporary buoy will be placed away from
both islands and the fishing pier by the City of Muskego before the first scheduled
practice and removed after the last show by the v.. , ater Bugs Ski Team.
Section Fourteen: Legal Provisions
Other Governmental Regulations. This agreement is subject to any and all governmental
regulations as they may be amended from time to time over the term of this agreement. If
the agreement is in conflict with said regulations, the regulations must be followed.
Assignment. Neither the Water Bugs nor the City may assign its interest under this
Agreement without the other party's prior written com.ent, which may be granted or
withheld in such party's sole reasonable discretion.
Notices. All notices permitted or required by this Agreement shall be given in writing
and shall be considered given upon receipt if hand delivered to the party or person
intended, or upon fac5.imile transmission 1lO the: fax: numbers set forth herein, or one
business day after deposit with a national1y recognized overnight commercial courier
service, air bill prepaid, or three (3) business daY5 after deposit in the United States mail,
postage prepaid, by certified mail, return receipt requested, addressed by name and
address to the party or person intended as follows:
To the Water Bugs: Muskego Water Bugs Ski Team, Inc.
P.O. Box 111
Muskego, \VI 53150
Attn: President
. To the City: City of Muskego
.
.
.
Wl82 S8200 Racine Avenue
Muskego, \VI 53150- 0749
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
Governing Law. This Agreement concerns real property located in the State of
Wisconsin, and shall be interpreted and constmed according to the laws of the State of
Wisconsin.
Severability of Provisions. If any of the terms or conditions contained herein shall be
declared to be invalid or unenforceable by a court of competent jurisdiction, then the
remaining provisions and conditions of this Agreemem, or the application of such to
persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
Captions. The captions in this Agreement are inserted only as matters of convenience
and for reference and in no way define or limit the scope or intent of the various
provisions, terms or conditions hereof.
Binding Effect. The terms and conditions of this Agre~ment shall be binding upon and
benefit the parties hereto and their respective successors and permitted assigns.
Entire Agreement. This writing constitutes the entire agreement between the parties
hereto, and all prior statements, letters of intent, repres~ntations and offers, if any, are
hereby terminated. This Agreement may be modified or amended only by written
instmment signed by both parties
Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original.
Representations as to Authority. Each party to this Agreement represents and warrants
that: (a) it has the power and authority to consummate the transactions contemplated by
this Agreement; (b) all proceedings necessary for it to consummate the transactions
contemplated by this Agreement have been duly taken in accordance with law; and (c)
the persons executing this Agreement on behalf of it have been duly authorized to
execute this Agreement.
Termination. The Water Bugs agrees that at the termination of this lease or any renewal-
thereof, they will promptly surrender the premlses to the City and will have removed
therefrom all of its appliances and equipment, placed thereon, and maintained by the
Water Bugs in the operation of said concession operation. Any appliances or equipment
remaining on the premises 30 days after expiration or other termination of this lease shall
be deemed abandoned and shall become property of the City. The Water Bugs agrees
that they will peaceably vacate all premises occupied by them and deliver to the City of
Muskego in good condition all premises used by them, ordinary wear and tear, damage
by fire and by the elements excepted.
Fax Signatures. The parties agree that fax signatures shall be binding on the parties
hereto.
Section Fifteen: Insurance
The City shall not be liable to the Water Bugs, their agents, employees, servants,
customers, visitors, guests or to any person who may be damaged or injured including,
but not by way of limitation, loss of life or damage to property by reason or arising by,
. through or out of the '~ater Bugs right to use and improve the premises as herein
provided. The Water Bugs shall hold hamlless and indemnify the City from any such
costs, claims, damages, expenses and liabilities and shall further maintain in force at all
times during the term hereof, a policy of public liability insurance insuring itself and the
City against injury to property, person or loss of Lfe arising out of use and occupancy of
the premises and the Water Bugs shall furnish to the City, as requested annually, a
certificate of said insurance.
Property Insurance. The Water Bugs shall cany a Valuation Policy (replacement value)
with the defined Facilities and cost-shared equipment identified, with a maximum
deductible of $500.00.
Liability Insurance. 1he City and Water Bugs shall carry minimum liability insurance of
a $1,000,000 umbrella and:
Personal & Advertising Injury
Each Occurrence
Fire Damage
Medical Expense
$1,000,000
$l,OOO,OOO
$ 2.50,000
$--Hf;{}f1O
.
Dispute Resolution. In the event of a dispute between the Water Bugs and the City
arising out of this Agreement or the use of the Facilities, the Water Bugs and the City
agree to attempt to resolve such dispute through mediation. In the event that the Water
Bugs and the City cannot agree upon a mediator,:hey shall each propose a qualified
mediator, and such qualified mediators shall choose a qualified third-party who will
mediate the dispute. In the event that mediation (oes not resolve the dispute, the Water
Bugs and the City agree to submit the matter to binding arbitration. Such arbitration shall
be conducted in accordance with the then.-current rules for commercial arbitration of the
American Arbitration Association. The arbitration shall be before one arbitrator who is
chosen in accordance with the American Arbitration Association procedures. The
arbitrator's decision in the dispute shall be binding.
I have reviewed these rules and fully understand the implications of them to the Water
Bugs Ski Team, Inc.
IN WITNESS WHEREOF, the parties have executed this agreement.
Signature of Water Bugs President Charles Damaske, Mayor
Date Date
Signature of Water Bugs Secretary
. Date
Legend
c(!þ Buoys
~ Boat Path
Building outline
Lake edge
Little Muskego lake
!_:,:..< .
Luum ~ CITY OF
f~I~1 USK~(;O:
Prepared by
Planning Dept.
10/13/2005
Multiple oval patterns within
shown boat path