CCR2007061AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #061-2007
GRANTING PLACEMENT OF WATER SKI JUMP ON BED OF LITTLE MUSKEGO LAKE
Water Bugs Ski Team
WHEREAS, The Water Bugs Ski Team has requested permission to place a water ski jump on the
bed of Little Muskego Lake; and
WHEREAS, It is necessary for the Team to receive DNR approval as well as City approval; and
WHEREAS, Said water ski jump is to be located adjacent to Paul DeAngelis Island and in front of Idle
Isle Beach during show dates; and
WHEREAS, The Finance Committee has recommended approval of the placement of the water ski
jump.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby grant permission to the Water Bugs Ski
Team to place a water ski jump adjacent to Paul DeAngelis Island and in front of Idle Isle Beach
during show dates, subject to approval by the DNR, and the condition that the ski jump be lighted at
night.
BE IT FURTHER RESOLVED That the Water Bugs Ski Team, Inc., and the City of Muskego shall
enter into an agreement absolving the City of Muskego from all liability relating to the ski jump.
BE IT FURTHER RESOLVED That this approval is subject to receipt of a certificate of insurance
naming the City of Muskego as co-insured and the City's insurance consultant indicating that
the coverage is adequate to protect the City's interests.
BE IT FURTHER RESOLVED That the placement of the water ski jump, when it is not in use,
is subject to the review of the Conservation Committee.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the
attached agreement for the placement of the water ski jump subject to review by the Water Patrol.
DATED THIS 24th DAY OF April ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
Deferred: 03/27/07,04/10/07
Reconsidered, Amended and Adopted 5/8/2007
New Agreement Attached
This is to certify that this is a true and accurate copy of Resolution #061-2007 which was adopted by
the Common Council of the City of Muskego.
3/07jmb
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AGREEMENT
WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO
THIS AGREEMENT is made by and between the Water Bugs Ski Team, Inc., a
Wisconsin corporation, hereafter referred to as "the Corporation," and the City of
Muskego, hereafter referred to as "the City."
WHEREAS, the Corporation has received permission from the City, pursuant to adoption
of Resolution #061-2007, on the 8th day of May, 2007, to place a water ski jump on the
bed of Little Muskego Lake; and
WHEREAS, the Corporation understands it is necessary for the Corporation to obtain
appropriate approvals from the Wisconsin Department of Natural Resources, hereafter
referred to as "the WDNR," to place a water ski jump on the bed ofLittIe Muskego Lake;
and
WHEREAS, the City's approval of the placement of said ski jump is conditioned upon
the execution of this Agreement,
NOW, THERERFORE, in exchange for the execution of this Agreement and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Corporation and the City agree as follows:
1. Term of Agreement.
a. The term of this Agreement shall commence on the date on which the
Corporation obtains all required approvals from all governing bodies and agencies,
including: but not limited to, the WDNR, for placement of a water ski jump on the bed of
Little Muskego Lake. The Corporation shall provide the City copies of all approvals
obtained by the Corporation under this Agreement. Unless earlier terminated by action of
the City, the term of this Agreement shall terminate on the 16th day of September 2007.
b. The term of this Agreem~nt shall automatically terminate in the event the
. Corporation is properly ordered or otherwise required to remove the water ski jump from
the bed of Little Muskego Lake by any governmental authority or agency.
c. Upon termination of this Agreement, the Corporation shall remove the ski
jump from the bed of the lake, together with any related equipment and materials, within
seven (7) calendar days.
2. Ownership and Placement of Ski Jump.
Agreement - Regarding Ski Jump
Water Bugs Ski Team, Inc. and
City of Muskego
Page 2
a. At all times during the term of this Agreement, the Corporation shall be the
sole owner of the ski jump located at Idle Isle Park, Wl82 S6666 Hardtke Drive, and
MSKC#2 189.000, (island owned by Tom Chiconas and others), in the City of Muskego.
The Corporation cannot, without the prior written approval of the City, assign any
ownership interests in the ski jump or any of the Corporation's rights, duties or
obligations under this Agreement to any person, entity or association.
b. The Corporation shall be responsible for the physical placing and removal
of the ski jump on and from the bed of Little Muskego Lake. The physical location of the
ski jump on the bed of the lake shall be subject to the direction and decision of the City.
c. While the ski jump is on the bed of the lake, the Corporation shall cause the
installation, maintenance and operation of a flashing yellow light on the ski jump, from
dusk to dawn. The flashing yellow light must be visible for at least 500 feet in all
directions.
d. The Corporation shall be solely responsible for and shall promptly perform
all maintenance and upkeep required or recommended for the ski jump. In the event the
Corporation fails, at any time, to perform any maintenance or upkeep reasonably deem
necessary by the City, upon written notice to the Corporation, the term of this Agreement
shall immediately terminate.
3. Liability Matters.
a. The Corporation shall indemnify the City and hold the City harmless
against and from any and all liabilities, fines, suits, claims, demands and actions,
including costs and expenses of any kind or nature, including, but not limited to,
attorneys' fees, brought or asserted by anyone due to or arising out of (a) any default by
the Corporation in observing any provision of this Agreement required to be observed
and performed by the Corporation, or (b) any damage to property or injury to person or
persons, including death, occasioned by or resulting from the Corporation's ski jump.
b. During the term of this Agreement, the Corporation, at its expense, shall
maintain comprehensive general liability coverage, bodily injury coverage, and property
damage coverage, insuring the Corporation and the City against liability for injury to
persons or property occurring on or about the ski jump or arising out of the ownership,
maintenance, or use of the ski jump. The insurance shall have a limit of not less than
$1,000,000 per occurrence with an aggregate limit of not less than $2,000,000. The
Corporation shall cause the City to be named as an additional insured for the types and
limits of coverage stated above in respect to this Agreement, and shall, upon request by
the City, provide the City a certificate of insurance demonstrating the Corporation's
compliance with the above insurance provisions.
Agreement - Regarding Ski Jump
Water Bugs Ski Team, Inc. and
City of Muskego
Page 3
c. The Corporation and its insurance carrieres) shall provide the City not less
than a 30-day notice of any change in the terms or conditions, or the cancellation of any
of the required types and limits of insurance coverage.
4. Notices.
a. Notices required or permitted by this Agreement shall be given by certified
mail, addressed:
In the case of the Corporation, to: In the case of the City, to:
Gary Christopher, President
Water Bugs Ski Team, Inc.
P.O. Box 111
Muskego, WI 53150
City Clerk/Treasurer
City of Muskego
W182 S8200 Racine Avenue
P. o. Box 749
Muskego, WI 53150-0749
b. Notice shall be deemed to have been given on the date such notice is
postmarked by the United States Post Office.
5. Miscellaneous.
a. The failure of either party to insist on strict performance of any term,
covenant, or condition hereof, or to exercise any option herein contained shall not be
construed as a waiver of such term, covenant, condition, or option in any other instance.
b. This Agreement cannot be changed orally, but only by an instrument signed
by both parties.
c. This Agreement shall be construed in accordance with and governed by the
laws of the State of Wisconsin.
IN WITNESS WHEREOF, the Corporation and the City have duly executed this
Agre.ement on the /7 day of May, 2007. .
Water Bugs Ski Team, Inc.
BY~Q~ ~
, President
Agreement - Regarding Ski Jump
Water Bugs Ski Team, Inc. and
City of Muskego
Page 4
Attest~~~ ~J
, Secretary
City of Muskego
BY:(~O~~ 0 n R. John, Mayor
Attest:
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