CCR2014038-Attachment
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 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 of Little 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 21st day of September, 2014.
b. The term of this Agreement 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 or no later than September 28, 2014.
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Water Bugs Ski Team, Inc. and City of Muskego
2. Ownership and Placement of Ski Jump.
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, W182 S6666 Hardtke Drive, and PT
NE ¼ of SEC 8T5N R20E & PT NW ¼ SEC 9 AN ISLAND APPROX 1100 FT N OF
SE COR OF NE ¼ CONT 500 SQ FT VOL 1204/699 DS 3858687 QCD 9/11, 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
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Water Bugs Ski Team, Inc. and City of Muskego
the City, provide the City a certificate of insurance demonstrating the Corporation’s
compliance with the above insurance provisions.
c. The Corporation and its insurance carrier(s) 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:
Rick Nelson, President Director of Finance/Admin.
Water Bugs Ski Team, Inc. City of Muskego
P.O. Box 111 W182 S8200 Racine Avenue
Muskego, WI 53150 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
Agreement on the ______ day of May, 2014.
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Water Bugs Ski Team, Inc. and City of Muskego
Water Bugs Ski Team, Inc.
By:
Rick Nelson, President
Attest:
, Secretary
City of Muskego
By:
Kathy Chiaverotti, Mayor
Attest:
Jill Blenski
Deputy Clerk