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CCR2007062COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #062-2007 APPROVAL OF PLACEMENT OF PIER AT IDLE ISLE Water Bugs Ski Team WHEREAS, The Water Bugs Ski Team requested permission to place a pier at Idle Isle, which was approved by the Parks & Recreation Board; and WHEREAS, The Finance Committee has recommended approval of the placement of the pier. NOW, THEREFORE, BE IT FURTHER RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the placement of a pier at Idle Isle subject to the pier being equipped with reflectors and located across from Jaycee Island as in previous years. BE IT FURTHER RESOLVED That the Water Bugs Ski Team, Inc. and the City of Muskego shall enter into the attached agreement absolving the City of Muskego from all liability relating to the pier. BE IT FURTHER RESOLVED That this approval is subject to receipt of a certificate of insurance naming the City of Muskego as co-insured. BE IT FURTHER RESOLVED That the Mayor is hereby authorized to sign the attached agreement in the name of the City. DATED THIS 10th DAY OF April ,2007. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman Deferred: 03/27/07 This is to certify that this is a true and accurate copy of Resolution #062-2007 which was adopted by the Common Council of the City of Muskego,. " , L (c~rk-Treas'urer \ J 3/07jmb '- AGREEMENT This agreement is made between the Ski Team, Inc., which is a Wisconsin corporation, and the City of Muskego. The Water Bugs Ski Team, Inc. are the owners of a pier to be placed at Idle Isle Park (W 182 S6666 Hardtke Drive) at a distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see Exhibit "A") having a maximum length of thirty (30) feet. The Parks and Recreation Board of the City of Muskego has approved the pier to be placed at the Park between the dates of May 4 through September 29. The Water Bugs Ski Team, Inc. is responsible for the putting in and taking out of the said pIer. The owners will allow the City and the public to use this pier at all times that it is not scheduled for exclusive use of the Water Bugs Ski Team, Inc. The Water Bugs Ski Team, Inc. will make five signs, with prior approval of the Parks & Recreation Director. Two signs will indicate that the swimming area will be decreased in size ten minutes prior to and throughout the practice/show times as posted on the beach and at the entrance of the park. The swimming area will be increased to its original size ten minutes after show or practice time unless in the case of a cancelled show or practice. The other two signs will indicate that the pier will be closed to public one-half hour prior to and throughout the practice/show times posted at the pier and at the entrance of the park. Pier will be open to public one- halfhour after show or practice time unless in the case of a cancelled show or practice. The last sign will indicate that the Water Bugs pier is not to be used for public swimming, diving, or jumping from and no public boats shall be docked/moored to said pier. It is agreed that the Water Bugs Ski Team, Inc. is holding the Parks and Recreation Board and Departmental staff, of the Ci ty of Muskego, and the City of Muskego, ti-ee and harmless from any and all liability and damages that might be incurred by any person using the pier at any time. The City of Muskego, Parks and Recreation Board and Department must be listed on the Water Bugs Ski Team, Inc. insurance as an additional insured. A certificate of insurance listing the City of Muskego as an additional insured in the amount of $1,000,000 must be presented to the Parks and Recreation Board for this agreement to be in effect. It is further agreed that all maintenance and upkeep of said pier will be the sole responsibility of the Water Bugs SIG Team, Inc., and the signs required in Section Six of the usage agreement will be installed with a warning regarding swimming and diving prohibition. It is further agreed that any additional approval of any governmental agency for putting in the pier is the responsibility of the Water Bugs Ski Team, Inc.' This agreement is executed on the /7 Organi' esident ~ OrganizatIOn em er day of ,2007. CITY OF MUSKEGO-PARKS & REC. BOARD ~~~