Friends of McDermott Park Work on a Vision for the Park

Nancy Sondergard, the spokesperson for the Friends of McDermott Park was on Between the Lines with Greg Stensland this morning.  In the interview she spoke about how the Friends' will go forward and work to improve the park.

Listen to the interview by clicking HERE

WLA Decides to Discontinue Lease Negotiations for McDermott Park

This morning, spokesperson, Rev Boggs, told Greg Stensland on Between the Lines that WLA will not continue lease negotiations with the City of Fond du Lac for McDermott Park.

Listen to the interview HERE

The Fond du Lac Reporter also has an article.  Read it HERE

Join Our Mailing List

You can join our mailing list by signing up via the sidebar or by sending an email to preservemcdermott@gmail.com.  Please put your name in the email and we will add you to our mailing list.

Thanks for your interest in McDermott Park!

City, WLA Should Void Lease - Opinion Piece in FDL Reporter

You can read the latest opinion piece in the Fond du Lac Reporter by clicking HERE

Take a Walk Through McDermott Park!

Visions for McDermott Park

Today, Tuesday, August 18, Nancy Sondergard was a guest on Between the Lines with Greg Stensland.    They talked about an alternate vision for McDermott Park.  You can listen to the program by clicking HERE

The Power of Parks

Friends of McDermott Park on Between the Lines with Greg Stensland

Greg Stensland of WFDL interviewed Nancy Sondergard today on Between the Lines.   Nancy is the leader/spokesperson for the Friends of McDermott Park.

Click HERE to listen to the program.

Overlay Map of Leased Areas

Below is a map that shows the July 2015 proposal from WLA.  This is the most recent proposal.  On this map you can see the two areas of McDermott Park that are under consideration.  The area surrounded by the red dotted line is the area that is subject to the new 50 year lease agreement.

The yellow dotted lines surround the area that is the subject of the 2005 lease agreement that runs for 30 years.  There is much more to this 2005 lease agreement.

The city wrote the 2005 lease in return for an easement across the northern portion of WLA's property.  The city needed this easement because land in McDermott Park was to be used for a treatment plant.  The lease went into effect June 1, 2005.  By July 1, 2005, the city had abandoned the McDermott Park treatment plan.  Yes, one month after the effective date, the easement was no longer needed.  For that the city gave up 30 yrs of rights to this 1 acre of McDermott Park.  You can read more on this time period by clicking here.

Park Watch Fond du Lac - Statement Regarding McDermott Park

July 30, 2015


Park Watch believes that before any changes are made to the topography of
McDermott Park it needs to be evaluated by an engineer familiar with extreme
rain events. Residents of the area report that the park was significant in
flood mitigation during the 2008 rain event. Other parks including the
Greenway Arboretum absorbed high amounts of flood waters and helped to
protect homes that are near the many waterways in Fond du Lac. This is a
very important function for Fond du Lac green spaces since the entire
community is built on a marsh. (This statement was created and presented to
Park Watch members before the recent revelation that indeed this park is
important to flood mitigation efforts.)

After the evaluation has been made by a credible and qualified engineer, the
report needs to come back to the City Council for a final vote. It is not
acceptable for an appointed city staff person to have the final decision on
whether or not the changes to the landscaping will go forward. This decision
belongs to elected officials who the citizens are able to hold accountable
in subsequent elections.

Generally Park Watch members believe that our green spaces should be
preserved for all the citizens.

We find creating more baseball diamonds in the city a waste of effort. The
most recent Recreation Plan 2015 to 2020 on page 30 lists the "Recreational
Demand & Needs by Facility - 2013." This list states that the demand for
baseball diamonds is 8 and we have 10 in the City of Fond du Lac; softball
diamond demands are 8 diamonds and we have 11. Also important to note is
that there are two baseball diamonds managed by Fond du Lac Youth Baseball
that are locked and not being used.

Park Watch was founded in 2005. Our Mission Statement is as follows:  Park
Watch is a citizen group concerned with preserving and restoring natural
habitat on public lands in the FDL area and improving access to nature
through education and trails. We have a mailing list of over 30 people who
are kept informed of local issues that concern our natural habitat on public
lands.

Laura P. DeGolier
Chairman, Park Watch of Fond du Lac

27 July 2015 Advisory Parks Board Meeting Summary

27 July 2015 Advisory Parks Board Meeting Summary

Below is a written summary of the July 2015 Advisory Parks Board Meeting. This is the segment before the public comments. Thanks to Greg Stenslands Between the Lines program, you can listen to the public commments here.

The 27 July 2015 Advisory Parks Board meeting started with a statement by Jordan Skiff, the Director of Public Works for the City of Fond du Lac. He stated that there were two significant considerations that caused WLA to not present a revised proposal at the meeting.

The first significant consideration was the 2005 lease between WLA and the city. The current copy came from a search of WLA files. The city has not been able to locate a copy in their files.  This answers our questions about why the lease is not dated or notarized.  An offical copy has not been located.   He stated that with staff turnover at the city and WLA, locating documents has been hard. 

 He described the area under the lease as a 60 ft wide x 750 ft long strip. (See the map below that shows this area, it is the red strip on the east property line of McDermott park, in the legal description with the 2005 lease it is about 1 acre of the park)  He said the city likely approached WLA because the city needed an easement across the WLA property for the proposed water mixing plant that was to be located in McDermott Park, but it was never built. He said WLA clearly got something out of the lease.

The second consideration is the floodway. He showed the floodway and the flood fringe on a map and described how a floodway acts in an event. (Below you will see a flood plain map of the area.  In our map the floodway is blue and the flood fringe is tan.) 

Basically, water moves in a floodway. In the flood fringe, the water pools; it is more like standing water. You can understand the importance of this distinction if you think about what you want to have happen when you have a flood. You want the water to move out. The floodway is where this occurs. 

The performance of the floodway is very very important during a flooding event. That is the pathway to get water out so you do not have more flooding. Because it is the pathway for the water to leave, there are special restrictions on the floodway areas. As Mr Skill stated: The land elevation cannot be raised more than 0.01 ft. (Well, you can do that, but you must compensate by lowering somewhere on the property to replace what you have altered. This is very expensive and highly unlikely for McDermott Park)  Mr Skiff said there are options for the flood fringe area and WLA and their engineers may be looking at that.

Mr Skiff then addressed “How we got here.” In a previous discussion with staff on both sides (none of who were involved in the current discussions) there was another plan. (This is shown below. The time stamp on the photo says 7/24/2011, we are calling this the 2011 proposal) When they started talking about a year ago, this was a document they looked at.  He was concerned about how spread out it was and he asked WLA to compress the plan. Unfortunately, they didn't consider the floodway.

He also wanted residents to know that any construction will have to comply with the storm water code. Not only is quantity an issue, runoff quality is important as well. Usually a wet pond is constructed and solids have a chance to settle out before the water goes into the storm water system. 

 Mr Skiff ended his presentation by saying the ball is in WLA's court. Then he took questions from the board.

Board member Block asked if the floodway can be recreated in the flood fringe.  Mr Skiff said yes, but it is very expensive and most unlikely here. 

 She asked if field #2 was fenced in the earlier proposal. (2011, this is the northern most field, it is right by the parking lot) He said they did not get that far in the discussion. 

 She asked if the proposed south parking lot was in the flood area? No it is not. At this point, Mr Skill moved the illustration so the 121 stall parking lot was visible.

Board member Eischeid asked about section #3 in the lease. Is WLA the sole user of the parking lot if it is built? Mr Skiff said that would be his reading but he would follow up with the city attorney. He said the lease is broadly written and does not protect either party very well. 

 He mentioned that Mr Brossenboek was under the impression that the public had the right (not just the opportunity) to access the baseball field. The lease does not seem to grant this right.

Mr Eischeid asked about section #14: does it mean WLA would have to remove a parking lot in 2036 if they built it? Mr Skiff said, yes, but he also thought the DPW could have it remain and the city would take it over. Mr Eischeid also confirmed that there is no renewal language.

At this point, Mr Skiff said that city staff had hoped before the floodway issue came up to find a way to make the new lease work with this 2005 lease and that they would try to make them compatible.

Board member Dennis asked if the city had alternate plans for McDermott Park. Mr Skiff said they do not. There is nothing in the capital improvement plan. He said all the citizen interest expressed about the WLA lease proposal might make them take a look at it. He said there had been a question about why the city did not do the improvements to the ball fields and lease back to WLA.  City Manager Moore has stated there is no need in the city for the ball fields, and that is correct.  The city has plenty of ball fields. 

Mr Skiff talked of meetings he had with Dr Clements and Ms Sondergard. He said Dr Clements was interested in a path that would connect with other parks and the Agnesian paths. He said Ms Sondergard had neat ideas, but he felt all of those could be put in the northern area of McDermott park that was outside of the WLA lease area.

Next, Principal Dave Schroeder of WLA spoke. He said they were notified by the city on Thursday, July 23rd of the floodway issue. They told their supporters they did not need to appear at the meeting and that might explain why there were mostly people opposed to the WLA proposal at this meeting. He said they had met today with the city about the floodway issues. They will go to their Executive Board and their General Board. Those meetings are this Thursday (7/30/2015) and next Monday (8/3/2015) and they will keep in touch with the city.

Board member McCready asked if the city got an easement for the piece of land in the 2005 lease? The question was asked of board member Kiefer as he was the Superintendent of Parks at the time. He said, yes, the lease was in exchange for the easement, but the city never used the easement. The easement still exists.

Board member Eischeid asked if WLA could extend their existing parking lot 60 ft to the east. Mr Schroeder said that was part of their revised proposal, but they are revising this again.

Mr. Eischied said he had asked for the emails sent to city council members about McDermott park. He took those roughly 80 emails and signatures on the petition against the proposal as well as the people speaking at the last parks board meeting and his tally was 75 in favor and 188 opposed.

Board Member Block asked if WLA could build a parking lot right now on the 60 ft strip with city approval. Mr Skiff said they could with his approval.

At this point, the public spoke. You can hear those comment here http://www.radioplusinfo.com/episode/7-28-mcdermott-park/

At the end of the meeting, City Clerk Margaret Hefter said that the City Council resolution approving the execution of a lease with WLA was found. She would email that to anyone who wanted it.  That resolution will be addressed in another post. 

2005 Lease between WLA and the City of Fond du Lac

Included in the July 27, 2015 Advisory Parks Board Agenda packet was a lease executed in 2005 between WLA and the city of Fond du Lac.  Below you will find that lease.

Several things about this document are interesting. 

1. It is not dated or notarized.  
2. The lease was executed because the city needed an easement to cross the north end of  WLA's property.  This easement was for a utility pipe that was needed for the proposed surface water blending plant that was slated for McDermott Park.  This plant was never built due to opposition by neighbors and other citizens.   
3. This explains why the current ball field at WLA extends into McDermott Park.  The west side of that field is in McDermott Park.  The lease essentially gives WLA rights to a 60 ft wide by 750 ft long piece of McDermott Park.  That is about 1 acre of the park.   Click here to see another post with a map of McDermott park and this leased area.
4. Section 2a of this lease gives WLA the ability to build a parking lot in that area with only the approval of the Director of the City Department of Public Works.
5. Citizens have noticed that WLA has a sign next to the tennis courts on McDermott Park property.  This sign is a concern because there is not an official sign on the south end of the park showing that this is McDermott Park.  

July 24, 2015– Jordan Skiff Memo

The last public meeting concerning the proposal for WLA to lease McDermott Park was the Advisory Parks Board Meeting on Monday, July 27, 2015.  Before a board meeting, the agenda for the meeting is posted on the city's website in the calendar section. Click here to see the packet for the July 27^th meeting. https://www.fdl.wi.gov/cofuploads/Park_Board_Agenda_Packet_0032.pdf

We watched for this posting and it finally came late in the day on Friday, July 24^th. Below you will find the memo from Jordan Skiff, the Director of Public Works included with the agenda. This document changed the focus of the Advisory Parks Board Meeting.

In this Memo, Mr Skiff revealed two things.

First, the city now realizes that part of McDermott Park is in a “floodway” This designation would make it very difficult for WLA to proceed with it's planned ball diamond improvement. We don't really know what WLA's engineering plan is for the park, but everyone is assuming they would raise the ball diamond area. That would not be allowed in the floodway, or if it is allowed, it would involve a very expensive engineering solution to preserve the floodway in the event of a flood.

The second item revealed in the memo was the existence of a lease between WLA and the city that was executed in 2005. That lease was also attached to the Advisory Parks Board Agenda. Click here to read more about this2005 lease. This was the first time a copy of this lease was produced. 

Audio of Citizen Testimony from the July 27, 2015 Advisory Parks Board Meeting

Here is a link to the radio program  Between the Lines with Greg Stensland.  On the 7-28-2015 program, you can listen to the testimony of the citizens of Fond du Lac.

Click here to listen   http://www.radioplusinfo.com/episode/7-28-mcdermott-park/

July 27th - Advisory Parks Board Meeting

We need your attendance at the the Advisory Parks board meeting on Monday July 27th at 5:30 pm!!! 

 The revised plan will be discussed.  We are waiting for this to appear in the published agenda.  As of noon today (Friday July 24th, 2015) it is not available on the Fond du lac City Calendar website.

Click here for a link to that page.  When the page opens click on the Advisory Parks Board Meeting on July 27th and a window will pop up.  When the agenda is available it will appear as a pdf.

Topological Map of McDermott Park and the Western Neighbors

Here is a map of McDermott Park and some of the neighborhood to the west of the park.  It shows the topography of the area.

Elevation of significant area in McDermott Park (as is proposed) could affect these neighbors.  In the 2008 flood in Fond du Lac, the water flowed out of DeNevue Creek and into McDermott Park.  The western neighbors were protected by the flow of water into McDermott Park.

Important Dates - Advisory Parks Board and City Council Meetings

Citizens have the opportunity to speak at every Fond du Lac City Council meeting.
Comments by the public are at the beginning of the meeting.

To speak, you must fill out a paper that you will find at the door as you enter the meeting.

If an item is on the agenda for the evening's meeting, you can speak for up to 5 minutes.
If an item is not on the agenda, you can only speak for 1 minute.

The meetings are held at 6 pm on Wednesdays.   Click here to see the calendar of events for the city of Fond du Lac.  Several days before the meeting an agenda is also available at that link.

Upcoming City Council meetings are:

July 22
Aug 12
Aug 22


The Advisory Parks Board meets at 5:30 on the 4th Monday of the month.  

The next meeting is July 27th.  The revised proposal will be discussed at this meeting!! 

You can speak at this meeting.  As with a City Council meeting, you must fill out a paper as you enter the room.

At the last meeting, the vast majority of speakers were opposed to the WLA lease proposal.  PLEASE join us at this meeting.  McDermott Park needs your support. 

Fema Flood map of McDermott Park Area

Below is the FEMA flood map and legend for McDermott Park in Fond du Lac, Wisconsin.  The red dotted line shows you the boundaries of the park.   On the map, you can see that most of the park and all of the proposed ball diamond area has a zone AE designation.   This area is a floodway.  The legend to the map explains the markings on the map.  You can find FEMA maps by clicking here

Please note, you can see the elevations within McDermott Park.  It goes from 760 ft at the Merrill Street southern boundary to 757 ft on the Johnson Street northern boundary.  

Opinion articles about McDermott Park

Below are links to Opinions in the Fond du Lac Reporter about McDermott Park

28 May 2015 Opinion by Shirley Clements

18 June 2015 Opinion by Rick Moulton

11 July 2015 Opinion by Shirley Clements

July and August Meetings of Friends of McDermott Park

Please join us as we talk about the future of McDermott Park in Fond du Lac, WI.  Open to anyone who is interested in keeping McDermott Park open for use by all citizens 365 days of the year - today, tomorrow and long into the future.

Our meetings are held at 5:30 pm in the McLane Meeting Room of the Fond du Lac Public Library.

Tuesday July 21 - 5:30pm
Tuesday July 28 - 5:30pm
Tuesday August 4 - 5:30pm
Tuesday August 11- 5:30pm

Contact your City Council Members

Here is the contact information for the Fond du Lac City Council members.

1--Lee Ann Lorrigan   Email: llorrigan@fdl.wi.gov   Phone: 920-251-3958

2--Gary Miller      Email: gmiller@fdl.wi.gov      Phone: 920-539-082

3--Catherine Block   Email: cblock@fdl.wi.gov    Phone: 920-207-2793

4--Brian Foster    Email: bfoster@fdl.wi.gov      Phone: 920-204-2010

5--Greg Giles      Email: ggiles@fdl.wi.gov       Phone: 920-922-7658

6--Karyn Merkel   Email: kmerkel@fdl.wi.gov    Phone: 920-933-3570

7--Brian Kolstad   Email: bkolstad@fdl.wi.gov   Phone: 920-238-6005

Friends of McDermott Park On Facebook

Please join us on Facebook!   Click here.

22 June 2015 McDermott Park Lease Agreement

Here is the text of the Lease Agreement presented at the June 22, 2015 Advisory Parks Board Meeting.  You see the original document by clicking here

LEASE AGREEMENT BETWEEN
THE CITY OF FOND DU LAC
AND
WINNEBAGO LUTHERAN ACADEMY

This Lease Agreement (“Agreement”) is made by and between the City of Fond du Lac, a
Wisconsin municipal corporation, (“City”) and the Winnebago Lutheran Academy Association, a
Wisconsin non-stock corporation, (“WLA”).

WHEREAS, the City owns property known as McDermott Park, which includes the
property shown in Attachment A to this Agreement (“the site”); and
WHEREAS, WLA has expressed interest in leasing a portion of the site for the
construction and use of athletic fields, the south parking lot and associated improvements at the
site, as shown in Attachment B to this Agreement (“the leased premises”); and
WHEREAS, the City, due to budget constraints, would not be able to make these
improvements without the help of WLA. These improvements will benefit both City residents
and WLA; and
WHEREAS, WLA, through its Board of Directors, has approved the construction of
athletic fields, the south parking lot and associated improvements on the leased premises.
NOW, THEREFORE, BE IT RESOLVED, that the City and WLA mutually agree on the
following terms and conditions for construction and use of the site.

1. Premises & Construction. In consideration of the covenants contained herein and
other valuable consideration, the City hereby leases to WLA and WLA hereby leases from the
City the premises now located or to be constructed on the leased premises. Furthermore, WLA
agrees to construct athletic fields, the south parking lot and associated improvements on the
leased premises in conformance with all City Building requirements (together “Improvements”).
In the context of this Agreement, construction is limited to the creation of 3 athletic fields, the
ancillary features of athletic fields normally associated with the sports for which they are created
and one parking lot (normally associated means dugouts, fences, bleachers, lights, etc.).

A master site plan shall be submitted to the City for approval prior to commencing any site work.
The City’s approval shall not be unreasonably withheld, delayed, or conditioned. Construction
of the Improvements may occur in phases. However, prior to beginning any phase WLA must
show to the reasonable satisfaction of the City’s Parks Superintendent that sufficient resources
are available to complete the contemplated phase. WLA agrees to complete construction of any
phase of its work within 12 months of commencement. WLA will work to minimize disruptions
and communicate in advance with the Recreation Department. It is anticipated that the 2016
season will be completely disrupted. Title to the Improvements shall be held by the City.

At the time of the execution of this Agreement WLA reasonably believes that there will be
sufficient space for the contemplated Improvements. However, if WLA subsequently determines,
in its sole discretion, that there is insufficient space for the contemplated Improvements, then
WLA may either or both (a) request that the City consider expanding the boundaries of the
leased premises, to which request the City will give good faith consideration, or (b) rescind this
Agreement.

WLA reserves the right to modify the Improvements in the future, subject to the City’s approval,
which shall not be unreasonably withheld, delayed, or conditioned, provided that the
modifications to the Improvements align with the intent of this Agreement, which is to provide
outdoor sports fields for high school athletic programs and public access, as described herein, to
those fields.


2. First Use and Occupancy Rights. In exchange for constructing the Improvements, the
City grants WLA first occupancy and use rights to the constructed athletic fields from September
through May of each year. Except as provided, below, the City retains first occupancy and use
rights from June through August of each year. The City and WLA acknowledge the need for
WLA to access the athletic fields in portions of both June and August to correspond with either
WLA’s school calendar or WIAA events. The City agrees that WLA’s first occupancy and use
rights shall be adjusted to correspond with either WLA’s school calendar or WIAA events;
provided, however, that the City retains first occupancy and use rights in August for the softball
fields. Accordingly, WLA will schedule its use of the athletic fields during August to avoid
conflict with the Recreation Department schedule. Both the City and WLA also acknowledge
the potential need for WLA to access the athletic fields in June. When such a need arises, WLA
must promptly advise the Recreation Department no later than March 1 of that year. The first
occupancy and use rights as described shall exist through the year 2065 and shall, thereafter,
automatically renew on an annual basis unless either party gives a written 90 day notice of intent
to renegotiate the terms of this Agreement. This Agreement does not extend first occupancy and
use rights to the south parking lot, which will be available to the general public on a first come,
first served basis for the duration of this Agreement.


3. Public Use.

3.1 The City and WLA further agree that when the leased premises are not
being used by the WLA, they shall be available for public use. The City
retains the authority to set park hours and reserve the fields outside of the
times the fields are reserved for WLA use. The design of the athletic
fields shall meet the then current applicable WIAA athletic requirements.

3.2 WLA agrees to prepare and install signs notifying the public that the
leased premises are open to the public, subject to WLA’s priority use
during the school athletic season (WIAA rules).

3.3 No later than March 1 of each year the Recreation Department and WLA
will jointly review the athletic field schedule endeavoring to maximize
athletic field utilization and to minimize scheduling conflicts, with special
emphasis on the June and August schedules. Solutions to unanticipated
schedule changes, such as cancellations due to weather, will be determined
mutually, but in deference to whichever party holds first occupancy and
use rights at that time. The City acknowledges that WLA may not know its
athletic fields schedule by March 1 of each year. WLA shall cooperate
with the Recreation Department in the coordination of unforeseen needs of
the athletic fields in June and August.

3.4 WLA shall not exclude the general public from the athletic fields, except
as required for practices and games.

3.5 Concession facilities, if any, shall be open to the general public.

3.6 The south parking lot will be open for public use on a first come, first
served basis. However, public access to the south parking lot shall not
affect the calculation of WLA’s compliance with applicable parking space
requirements. Overnight parking will be prohibited in the south parking
lot.

4. Maintenance.

4.1 Fields. The City will be responsible, at its cost, for mowing all the grass
on the leased premises. The remaining upkeep and maintenance of the
Improvements shall be the responsibility of the WLA, at its cost. The
Parks Superintendent will review WLA’s upkeep and maintenance and if
it is acceptable, approve same. The approval shall not be unreasonably
withheld, delayed, or conditioned. WLA shall not be responsible for
preparing the athletic fields for public use.

4.2 Parking Lots. WLA shall maintain the proposed south parking lot,
including snow removal, repairs, reconstruction and lighting. The City
shall maintain the existing north parking lot at the site, including snow
removal, repairs, reconstruction and lighting.

4.3 Lighting. The City shall continue to maintain and operate existing park
lighting, including the north parking lot and tennis courts. WLA shall
install and operate lighting for the south parking lot. Should WLA choose
to provide lights for the new fields, the City will not utilize those lights
without making usage and payment arrangements.

4.4 General. WLA agrees to reimburse the City for any electrical service
and/or garbage removal, relating to the leased premises.

5. Advertising. WLA shall be permitted to honor sponsors and donors with
permanent signs on the leased premises, similar to the plaques that the City has approved for
donated benches in the parks. All signage and banners whether permanent or temporary must be
approved by the Parks Superintendent prior to placement at the site. Any advertising must
comply with City ordinances.

6. Insurance. WLA will provide proof of insurance with general liability coverage
of $1,000,000 per occurrence, $2,000,000 general aggregate; umbrella liability of $2,000,000 per
occurrence and aggregate. A certificate evidencing the City as an additional named insured,
shall be provided to the City annually. WLA agrees to indemnify and hold harmless the City
from liability or losses caused by the fault or negligence of WLA and its employees or agents.
The City shall provide fire and extended coverage insurance regarding any buildings on the
property. WLA shall procure and have in effect at all times pertinent Workmen’s Compensation
Insurance coverage relative to their employees, if any.

To the extent authorized by law, the City agrees to indemnify and hold harmless WLA from
liability or losses caused by the fault or negligence of the City and its employees or agents.

7. No Assignment. Except as provided below, the rights provided to WLA under
this Agreement shall not be assigned, transferred, subleased, hypothecated or otherwise disposed
of, nor shall the control of the premises or any interest therein, or any part thereof, be granted by
the WLA to any other person or entity without the consent of the City Manager, which consent
shall not be unreasonably withheld, delayed, or conditioned. The parties stipulate that the City
Manager may consider the following criteria: (a) the financial responsibility of the proposed
assignee, (b) the entity or business character of the proposed assignee, (c) the legality of the
proposed use, and (d) the specific nature of the occupancy. The preceding prohibition against
assignment does not apply to the merger, consolidation or reorganization of WLA with another
non-stock corporation.

8. Revocation of Agreement.

8.1 This Agreement shall be revocable if WLA neglects or fails to perform or
observe any of the covenants of this Agreement, and WLA shall fail to
remedy the same within sixty (60) days after the City has given to WLA
written notice specifying such neglect or failure or within such period, if
any, as may be reasonably required to cure such default, if it is of such
nature that it cannot be cured within said sixty (60) day period, provided
that WLA shall have commenced the cure and proceeds with due diligence
to complete the cure. After 2065, this Agreement shall also be revocable
at any time by the City Manager upon 90 day written notice given to the
WLA. After any revocation, the City shall have the right to re-enter and
take possession of the premises forthwith. Neither the City of Fond du
Lac nor its agents or employees, shall be liable for any damages because
of such revocation.

8.2 After any revocation, WLA shall immediately quit and surrender
possession of the premises. If revoked for cause, WLA shall either restore
the site to its original condition if a commenced Improvement is not
completed prior to revocation, or complete the commenced Improvement.

9. Limitation of Municipal Liability. Nothing contained within this Agreement is
intended to be a waiver or estoppel of the City or its insurer to rely upon the limitations, defenses
and immunities contained within Wisconsin Statutes sections 345.05, 893.80, and 895.52. To
the extent that indemnification is available and enforceable, the City or its insurer shall not be
liable in indemnity, contribution or otherwise for an amount greater than the limits of liability of
municipal claims established under Wisconsin law.

10. Miscellaneous.

10.1 WLA agrees to conduct all practices, games and school activities on the
leased premises in a safe and considerate manner.

10.2 WLA acknowledges that the City reserves the right to use the balance of
McDermott Park located outside the leased premises, including, without
limitation, the north parking lot, the picnic pavilion, the storage/warming
building adjacent to the picnic pavilion, and the open area that has been
utilized as a skating rink.

10.3 WLA shall adhere to all ordinances, resolutions, rules and regulations as
established by the City and shall assist and cooperate with park personnel
in the care and maintenance of its occupied premises. The described
premises shall be maintained in a neat, clean and attractive condition at all
times.

10.4 The City acknowledges that WLA will be required to perform excavation
and related earth work in order to improve the leased premises pursuant to
the provisions of the master site plan. However, this work shall not
materially increase the discharge of storm water from the leased premises.
To the extent that local, state or federal regulatory approvals are required
before WLA is allowed to improve the leased premises, WLA expressly
reserves the right to terminate this Agreement if the approvals materially
increase WLA’s project costs or materially alter WLA’s contemplated use.

10.5 WLA shall comply with the Code of Ordinances of the City of
Fond du Lac, Wisconsin. However, WLA’s compliance with the Code of
Ordinances is subject to WLA’s rights and privileges conferred by the
Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§
2000cc-2000cc-5, and other applicable laws protecting religious entities.

Dated this _________ day of __________________________, 2015.
CITY OF FOND DU LAC WINNEBAGO LUTHERAN
ACADEMY ASSOCIATION
By: ________________________________ By: ______________________________
Joseph Moore, City Manager Board President
Attest: Attest:
_________________________________ ______________________________
Maggie Hefter, City Clerk Board Clerk

Original Proposal Map For McDermott Park - Fond du Lac, WI

On May 13, 2015, the proposal for McDermott Park was presented to the Fond du Lac City Council.  You can view the presentation by clicking here.   The documents presented at the Advisory Parks Board meeting on June 22, 2015 were the Lease Agreement and a map showing the proposed usage of the park.  Below is the map.

Friends of McDermott Park Group Formed.

A 10 member group of concerned citizens held an organizational meeting for Friends of McDermott Park on Tuesday July 7, 2015.  The group began with the establishment of a Vision and Mission statement given below which will guide it efforts. Support from like minded citizens is welcome. Please help us spread our message.