CCR2022.039-Agreement (inc. exhibit)AGREEMENT
WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO
Pier Placement, Water Ski Jump, and Show Events at Idle Isle
THIS AGREEMENT, consisting of nine (9) pages including Exhibit "A", is made by and
between the Water Bugs Ski Team, Inc., a Wisconsin corporation, hereafter referred to as "Water
Bugs," and the City of Muskego, hereafter referred to as "the City."
WHEREAS, Water Bugs understand it may be necessary for Water Bugs to obtain
appropriate approvals, if any, from the Wisconsin Department of Natural Resources, hereinafter
referred to as "WDNR", for said pier placement on Little Muskego Lake; and
WHEREAS, Water Bugs understand it is necessary for Water Bugs to obtain appropriate
approvals from 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 pier and 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, Water
Bugs and the City agree as follows:
1. Term of Agreement
A. The term of this Agreement shall commence on the date on which Water Bugs obtain 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 and the
placement of the pier on the Lake. Water Bugs shall provide the City copies of all
approvals obtained by Water Bugs under this Agreement. If no approvals are necessary,
Water Bugs shall provide the City with a statement to that effect. Unless earlier terminated
by action of the City, the term of this Agreement shall terminate on the 30th day of
September 2022.
B. The term of this Agreement shall automatically terminate in the event Water Bugs is
properly ordered or otherwise required to remove the water ski jump from the bed of Little
Muskego Lake or the pier from the Lake by any governmental authority or agency.
C. Upon termination of this Agreement, Water Bugs shall remove the ski jump from the bed
of the lake and the pier, together with any related equipment and materials, within seven
(7) calendar days or no later than September 30, 2022.
2. Ownership and Placement of Pier
A. At all times during the term of this Agreement Water Bugs shall be the sole owner of the
pier located at Idle Isle Park, W182 S6666 Hardtke Drive in the City of Muskego. Water
Bugs cannot, without the prior written approval of the City, assign any ownership interests
in the pier or any of Water Bugs' rights, duties, or obligations under this Agreement to any
person, entity, or association.
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Water Bugs Ski Team, Inc. and City of Muskego
B. Water Bugs shall be responsible for the physical placing and removal of the pier from Idle
Isle Park and Little Muskego Lake. The physical location of the pier shall be placed 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.
C. Water Bugs will allow the City and the public to use this pier at all times that it is not
scheduled for exclusive use of Water Bugs. Water Bugs will make five signs, with prior
approval of the Public Works and Development Director. Two signs will indicate that the
swimming area will be decreased in size ten minutes prior to and throughout the practice
and will be closed during 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 the 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 the public one-half hour prior to and throughout
the practice/show times posted at the pier and at the entrance of the park. The pier will
be open to the public one-half hour after the show or practice time unless in the case of
a cancelled show or practice. The last sign will indicate that 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.
D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the pier and signs. In the event Water Bugs fail
at any time to perform any maintenance or upkeep reasonably deemed necessary by the
City, upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the
term of this Agreement shall immediately terminate.
3. Ownership and Placement of Ski Jump
A. At all times during the term of this Agreement, Water Bugs shall be the sole owner of the
ski jump located at Idle Isle Park, W182 S6666 Hardtke Drive, and PT NE 1/4 of SEC
8T5N R20E & PT NW 1/4 SEC 9 AN ISLAND APPROX 1100 FT N OF SE COR OF NE
1/4 CONT 500 SQ FT VOL 1204/699 DS 3858687 QCD 9/11, in the City of Muskego.
Water Bugs cannot, without the prior written approval of the City, assign any ownership
interests in the ski jump or any of Water Bugs' rights, duties, or obligations under this
Agreement to any person, entity, or association.
B. Water Bugs 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 discretion of the Chief of Police. The ski
jump shall be placed at a minimum of 150 feet from the shoreline of the lake.
C. While the ski jump is on the bed of the lake, Water Bugs 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. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the ski jump. In the event Water Bugs fail, at
any time, to perform any maintenance or upkeep reasonably deem necessary by the City,
upon written notice to Water Bugs, as stated in Section 13(C) of this Agreement, the term
of this Agreement shall immediately terminate.
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Water Bugs Ski Team, Inc. and City of Muskego
4. Usage for Shows and Practices
A. A minimum number of show dates and practices will be set at 15-16 (show) and 30-32
(practice), per calendar year for a minimum of 48 events. Should Water Bugs intend to
do more than 48 events, they will need to come before the Parks and Conservation
Committee for approval at their March meeting. Dates can be taken away based on
infractions against Water Bugs. The Parks & Conservation Committee can recommend
this to the Finance Committee.
B. Times for shows/practices (defined by driving boats and making wakes inside of the no
wake buoys):
1) Mid -May to July: 6:30 p.m. to sunset.
2) August: 6:00 to sunset.
C. Set-up times for shows/practices (includes moving the ski jump and take-over of Water
Bugs pier) is defined as setting up equipment on the Water Bugs pier:
1) Mid -May to July: 6:00 p.m. to 6:30 p.m.
2) August: 5:30 p.m. to 6:00 p.m.
D. Take -down after shows/practices by 9:00 p.m.
E. The complete sound system will only be used for show dates and should only be loud
enough for show spectators and participants to enjoy. One speaker may be used for two
practices in mid -July and early August to prepare for tournaments and will only be loud
enough for members to hear the music between the shelter and the beach.
5. Removal of Ski Jump and Return of Buoys to Rectangular Position
A. Buoys and ski jump and any associated permits must conform to any and all
governmental regulations, at all times, concerning piers and ski jumps during the terms
of this Agreement.
B. Ski jump must be put up and removed within the designated set-up and take -down times
in Section 4. See Section 5(D) if the weather prevents takedown of ski jump.
C. Buoys in swimming area must be returned to original rectangular position within
Committee's designated take -down time. This also applies to when the ski team is giving
ski lessons (two separate program offerings) for the Recreation Department.
D. In the event a show/practice is cancelled at any time, the ski jump has already been
moved to the use position, and weather conditions would make it difficult to return the ski
jump to the off -use position, the ski jump is to be anchored by 10.00 am the following day
to the off -use position.
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+ degrees) when the public is extensively using the beach,
the City will reserve the right to disallow the moving of the swimming buoys on scheduled
practice/show dates.
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Water Bugs Ski Team, Inc. and City of Muskego
6. Signage
A. Water Bugs will make the following signs, with prior approval of Director of Public Works
and Development:
1) Beach and Park Entrance Signs: Indicate swimming area will be decreased ten
minutes prior 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.
2) Pier Sign and Park Entrance Signs: 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.
3) No Public Swimming, Jumping, or 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.
7. Parking
A. The Recreation Department will issue six (6) parking placards, free of charge, to Water
Bugs designated person. This person can issue these six (6) passes to members of the
team for parking their vehicles in the automobile parking area. These are not for launching
watercraft. The Recreation Department will issue six (6) boat launch stickers, for a
reduced rate of $14.00/sticker, to Water Bugs designated person. These passes must be
affixed to the windshield of the vehicles pulling the boats and cannot be shared among
members.
B. Water Bugs equipment trailer will be parked along the perimeter of the boat trailer parking
area, close to the boat wash area.
C. No Water Bugs equipment will be left on the premises, with the exception of the Water
Bugs owned pier, or other items as approved by the Director of Public Works and
Development.
D. There will be no allowance of parking on any grass or park area other than the paved
parking lot. All overflow parking will be directed to the parking lot in Park Arthur.
8. Contact Persons
A. Contact person from Water Bugs will be the President of Water Bugs. Water Bugs will
also be responsible for listing an alternate contact. Water Bugs will designate their contact
person and alternate who will be Water Bugs' representatives and who will receive any
correspondence. These names will be submitted to the Parks and Conservation
Committee.
B. Contact person from the Parks & Conservation Committee will be the Public Works and
Development Director. The alternate contact person will be the Recreation Manager. If
circumstances would arise not covered by the provisions contained within this Agreement,
Water Bugs must contact above person(s) for a decision.
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Water Bugs Ski Team, Inc. and City of Muskego
9. Inclement Weather
A. 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 Director
of Public Works and Development and must be rescheduled within two weeks of
cancelled date.
B. If cancellation is determined other than at the park (earlier in the day for example), the
Director of Public Works and Development will be contacted.
10. Consequences For Not Complying With Rules
A. The Parks & Conservation Committee will review summer Water 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 it relates to the two
unscheduled visits to Idle Isle Park by the Muskego Police Department.
1) If a substantiated non -frivolous complaint, as determined by the Muskego Police
Department, is received from a citizen(s), an Alderman, Water Patrolman, Police
Department, Parks & Conservation Committee Member, Director of Public Works and
Development, then;
2) The Director of Public Works and Development will contact Water Bugs contact
person concerning consequences by phone with a follow-up in writing. The date of the
phone call will serve as the notification of denial of park use as follows;
a. First Offense: Permission to use Idle Isle Park will be denied for the next two
scheduled dates (practice and/or show dates).
b. Second Offense: Permission to use Idle Isle Park will be denied for the next four
scheduled dates (practice and/or show dates).
c. Third Offense: Denial of remainder of year's schedule, and possible effect on next
year's request.
11. Ski Patterns
A. In regard to the ski pattern, a 100-foot clearance between boats and Otto Island, Jaycee
Island, and the Idle Isle Park fishing pier must be maintained with permanent buoys,
provided by the City. During Water Bugs use dates, the 100-foot clearance along the
south shore of Idle Isle will be waived and Water Bugs will be allowed to make a wake
inside of thirty feet from Idle Isle. However, during these same dates, the permanent
buoys around Otto Island and the fishing pier, marking the 100-foot distance, can be
moved closer for safety reasons, only if a smaller temporary buoy is used to mark the
100-foot clearance from that island. The permanent buoy marking Jaycee Island can be
moved closer to allow boat traffic within thirty feet. To avoid boat props from hitting a
temporary buoy marker and/or its anchor, no temporary buoy will be used, but following
each use date, Water Buts will move the permanent buoy back to its permanent location.
B. Slow -no -wake buoys, located in front of Idle Isle Park, can be temporarily moved for Water
Bugs use during approved practices/shows. All permanent buoys must be placed back to
their original locations by Water Bugs, after each approved use. The Public Works staff
will be responsible for making sure all buoys are installed before the first and removed
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Water Bugs Ski Team, Inc. and City of Muskego
after the last approved lake use by Water Bugs. All buoys will be installed/maintained per
approved GPS coordinates (100' from Jaycee Island coordinates are LAT: 42
55'22.57172"N LONG: 88 08'37.96325"W and 1 00'from Otto Island coordinates are LAT:
42 55'23.86632"N LONG: 88 08'36.46380"W).
12. Insurance and Indemnification
A. Water Bugs 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 Water Bugs in observing any provision
of this Agreement required to be observed and performed by Water Bugs, or (b) any
damage to property or injury to person or persons, including death, occasioned by or
resulting from Water Bugs' ski jump, pier, and signs.
B. During the term of this Agreement, Water Bugs, at its expense, shall maintain
comprehensive general liability coverage, bodily injury coverage, and property damage
coverage, insuring Water Bugs and the City against liability for injury to persons or
property occurring on or about the ski jump, pier, and/or signs or arising out of the
ownership, maintenance, or use of the ski jump, pier, and/or signs. The insurance shall
have a limit of not less than $1,000,000.00 per occurrence with an aggregate limit of not
less than $2,000,000.00. Water Bugs 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 and
separate written Endorsement to the policy demonstrating Water Bugs's compliance with
the above insurance provisions.
C. Water Bugs shall provide to City separate written Endorsements to its insurance policies
that provide for the following:
Naming the City as an Additional Insured.
Stating that the Insurance is Primary and Non -Contributory.
Waiver of Subrogation
Notice of Cancellation for any change in the terms or conditions of the policy.
D. Failure to provide the herein named insurance with written Endorsements as stated shall
result in termination of this Agreement.
13. Miscellaneous Provisions
A. 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.
B. Assignment. Neither Water Bugs nor the City may assign its interest under this
Agreement without the other party's prior written consent, which may be granted or
withheld in such party's sole reasonable discretion.
C. Notices. All notices required or permitted by this Agreement shall be given in writing and
shall be considered given upon receipt if a) hand delivered to the party or person intended,
or b) upon facsimile transmission to the fax numbers set forth herein, or c) email
transmission at the address stated below with verification of receipt requested, or d) one
2022 Agreement — Pier Placement, Water Ski Jump, and Show Events at Idle Isle
Water Bugs Ski Team, Inc. and City of Muskego
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business day after deposit with a nationally recognized overnight commercial courier
service, air bill prepaid, or e) three (3) business days 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:
President
Water Bugs Ski Team, Inc.
P.O. Box 111
Muskego, WI 53150
Fax No.
Email:
To the City:
Director of Public Works & Development
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Fax No. 262-679-5614
Email: skroeger@cityofmuskego.org
D. Governing Law. This Agreement shall be interpreted and construed according to the laws
of the State of Wisconsin. Any legal action regarding this Agreement shall be brought and
maintained in the Circuit Court for Waukesha County, Wisconsin.
E. 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 Agreement, 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.
F. 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.
G. Binding Effect. The terms and conditions of this Agreement shall be binding upon and
benefit the parties hereto and their respective successors and permitted assigns.
H. Entire Agreement. This writing constitutes the entire agreement between the parties
hereto, and all prior statements, letters of intent, representations and offers, if any, are
hereby terminated. This Agreement may be modified or amended only by written
instrument signed by both parties.
I. Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original.
J. 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.
K. Dispute Resolution. In the event of a dispute between the Water Bugs and the City arising
out of this Agreement and prior to formal litigation in a court of law, 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, they shall each propose a
2022 Agreement — Pier Placement, Water Ski Jump, and Show Events at Idle Isle
Water Bugs Ski Team, Inc. and City of Muskego
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qualified mediator, and such qualified mediators shall choose a qualified third -party who
will mediate the dispute.
L. The parties agree that signatures scanned and sent via email attachment shall be binding
on the parties hereto.
M. Annual Review and Committee Approval. This Agreement is to be approved each season
by the Finance Committee contingent on no changes to placement of the pier and ski
jump and no additional show and practice dates being requested. If changes to
placement, the changes will need to be approved by the Public Works & Safety
Committee. Additional show or practice dates requested will need approval of the Parks
& Conservation Committee. The full Agreement with the approved changes by the
respective Committees will be placed on the Finance Committee agenda.
WATER BUGS SKI TEAM, INC.
CITY OF MUSKEGO
Phil Jakubowski, President Date Rick Petfalski, Mayor
Water Bugs Secretary
Date
Date Sharon Mueller, Dir. Finance/Admin Date