CCR2006214.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #214-2006
APPROVAL OF LEASE AGREEMENT WITH
LITTLE MUSKEGO LAKE PROTECTION AND REHABILITATION DISTRICT
WHEREAS, The Lease Agreement, as amended and attached, has been reviewed by
the Finance Committee and has been recommended for 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 Lease Agreement, as amended, with the Little Muskego Lake Protection and
Rehabilitation District for lease of approximately two acres of Park Arthur (South
Section) for 2007 - 2008.
BE IT FURTHER RESOLVED That the Mayor IS authorized to sign the Lease
Agreement in the name of the City.
DATED THIS 28TH DAY OF NOVEMBER , 2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #214-2006 which
was adopted by the Common Council of the City of Muskego.
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<tlerkJTreasurer
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LEASE
THIS AGREEMENT is made between the City of Muskego, Lessor, and the Little Muskego Lake
Protection and Rehabilitation District (LMLD), Lessee by LMLD Chairman, Tim Ross.
The property, which is the subject of this lease is described as follows, to-wit:
Park Arthur (south section)
Parcel 1 : Part of Lot 1 Certified Survey Map 9654
Tax Key No. MSKC 2173.991.003
TOTAL AREA TO BE LEASED IS APPROXIMATELY 2.0 ACRES, AS SHOWN ON THE ATTACHED
EXHIBIT "A", AND THE FOLLOWING CONDITIONS APPLY:
Rent will be $55.00 per acre with renewal after (2) years, at the discretion of the City (OWNER).
RENTAL: The rental of said property shall be for the term two years, commencing on January 1,
2007, and ending the 31st day of December 2008. The payment of $55.00 per acre is due on or before
December 31,2006 for the first year and on or before December 31,2007 for the second year. Renewal
of said lease will be at the discretion of the City (OWNER).
SPECIAL CONDITIONS: (1) Any chemical usage at the site must be approved by the
Conservation Coordinator prior to application.
(2) All erosion control and/or farming methods recommended by the
City's Building/Engineering staff be put in place and practiced at the
expense of the LMLD during the term of this agreement.
(3) A longer gravel roadway from the park entrance roadway needs to
be installed with #2 or #3 stone at least 12" thick, at the expense of the
LMLD as approved by the City.
(4) The access drive shall have a gate or post and chain with a lock to
prevent unauthorized dumping of material at the site.
(5) The LMLD shall submit in writing an operational plan for the cutting
and non-cutting season to address the weed turning and grading
operations at the site, which is subject to City approval.
(6) The berm will need to be maintained and mowed on a regular basis
by the LMLD to prevent noxious weed growth.
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(7) Any Muskego resident concerns regarding this site shall be handled
by the Alderman liaison to the LMLD committee and/or the LMLD
committee.
LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this
lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance
carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to
property occurring in or about the demised premises. The liability under such insurance shall not be less
than $1,000,000 for anyone person killed or injured, $1,000,000 for anyone accident and $1,000,000
property damage. A certificate of insurance to this effect must be on file with the Engineering/Building
Inspection Department prior to entering said property.
RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of
entry at any reasonable time to inspect their property.
If this lease is terminated before the Lessee shall have obtained the benefits from any labor or
formerly agreed upon expenses they incurred in operating the weed-tipping program, according to
contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the
Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, its claim for such
reimbursement at least thirty (30) days before the termination of this lease.
If the land is not used for weed tipping, a grassy cover crop must be planted on the land,
acceptable to the Parks & Recreation Board.
ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written
consent of the City.
RENEWAL: This lease is not subject to automatic renewal after the one (2) year period. Lessee
shall notify the Parks and Recreation Board to renew contract.
Pursuant to Resolution #214-2006 passed and approved on 11/28/2006 by the Common Council
of the City of Muskego, this lease is hereby executed this
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day of ,200_.
Tim Ross, Chairman for Little Muskego Lake Protection and
Rehabilitation District, Lessee
Toby Whipple, President
Parks & Recreation Board
John R. Johnson, Mayor
City of Muskego
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #214-2006
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APPROVAL OF LEASE AGREEMENT WITt"
LITTLE MUSKEGO LAKE PROTECTION AND REHABILITATION DISTRICT
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WHEREAS, The Lease Agreement, as attached, has beE!Jl reviewed by the Finance
Committee and has been recommended for 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 Lease Agreement with the Little Muskego Lake Protection and Rehabilitation District
for lease of approximately two acres of Park Arthur (South Section) for 2007 - 2008.
BE IT FURTHER RESOLVED That the Mélýor is authorized to sign the Lease
Agreement in the name of the City.
DATED THIS DAY OF ,2006.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #214-2006 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
11/06jmb