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HomeMy WebLinkAboutSpanbauer Park - EAGLES Lease for Concessions - 2021-2022 CONCESSION STAND AGREEMENT FOR WILLIAM G. SPANBAUER FIELD The Fraternal Order of Eagles, Aerie no. 267, Oshkosh, Wisconsin, Inc., 2217 Ashland St., Oshkosh, Wisconsin 54901, a Wisconsin Non-Stock Corporation, (Eagles/Operator), and the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54901, a Wisconsin Municipal Corporation, (CITY/Owner) enter into this Agreement on __________________, 2021. 1) Purpose: Facilities at the CITYWilliam G. Spanbauer Field include a baseball/softball diamond and a nearby concession stand with restrooms. Various baseball/softball leagues use this ball diamond when the weather cooperates between April and September. The ball diamond may occasionally be used for baseball/softball tournaments that are not part of league play, for special events, or for other uses. The CITY has requested and the EAGLES has agreed to provide concession services for the various baseball/softball leagues using the ball diamond. The EAGLES may, but is not obligated to, provide concession services for non-league tournaments, for special events, or for other Park uses. 2) Location: William G. Spanbauer Field is located at 713 South Sawyer Street. During the period of this Lease, Tenant shall have the exclusive use of the concession space of the building. No outside storage or use of the immediate area around the building is included. 3) Available Space and Equipment: The concession space provided by the CITY is empty. The EAGLES will be responsible for providing everything necessary to carry out their concession operations. This includes equipment, tools, and utensils that are suitable for this space and that it believes are necessary to prepare and serve the food and drink concessions that it wishes to sell. The CITY hopes the space will be useful to raise funds for its organization, but makes no warranty that the available space is suitable for all of the concession uses that the EAGLES may intend. The EAGLES has had the opportunity to inspect the space and accepts it as-is. The CITY is responsible for building structures issues and normal wear and tear. The EAGLES is responsible for all other cleaning and maintenance. The EAGLES shall not make any changes to the concession space without the CITYThe EAGLES accepts the concess security features as-is. The EAGLES will be issued one (1) key to the space and is responsible for maintaining the security of that key. The key provided shall not be duplicated. The EAGLES shall be charged for the replacement of any lost keys as well as any changes of locks if the CITY believes such change is warranted. 4) Length of Contract: This lease agreement will be for a one (1) year period, beginning on January 1, 2021, and ending on December 31, 2021. Either party may terminate this lease for any reason by giving the other at least thirty (30) days advanced written notice before the termination date. If the EAGLES does not expect to provide concessions for a particular season during the course of this Agreement, the City would appreciate written notification prior to February 1 of that year. 5) Use: The EAGLES shall sell food and beverages (concessions) for regularly scheduled baseball/softball league games. No non-food / beverage items will be allowed. The EAGLES may sell beer and/or wine during the term of this lease, provided they independently obtain all necessary licenses and approvals to do so. The CITY will cooperate with applications licenses necessary to operate the concession stand. Written lists of items sold and the prices for those items sold shall be provided to the Parks Director. The EAGLES may keep and store its equipment, tools, and utensils 1 within the concession space after the regular league season ends over the winter until it is used the following season. All equipment shall be prepared for proper cold weather storage. Food/beverages cannot be stored over the winter in the concession space. 6) Hours of Operation: The Parks Department will provide the EAGLES with the schedules for regularly scheduled summer baseball/softball league games that the EAGLES will be required to serve concessions. The games may vary in days of the week and times over the course of the season. The concession stand shall be open at least one-half (1/2) hour before the start of games and shall remain open at least until the end of games. The EAGLES may use the concession space to provide concessions for events that are not part of normal league play. 7) Payments: As consideration for the ability to serve concessions at the City facility, the EAGLES will pay to the City $1,000, or 10% of gross revenues, whichever is greater, for each year of this Agreement. Payment is due by October 1 of each year of this Agreement. 8) Books of Account and Financial Reports: The EAGLES agrees to keep the books of account and records of all operations occurring at this Park. The EAGLES shall establish a system of bookkeeping and accounts related to the CITY concession space in a manner satisfactory to the CITY, and to permit inspection of said books and records by the CITY Director of Finance as often as is necessary in the opinion of the CITY. When making payments to the CITY, the EAGLES shall submit to the CITY gross sales reports broken down by month. The EAGLES shall also submit at the end of each year, or at another time required by the CITY, unaudited profit and loss statement of operations related to the CITY concession space in a form approved by the CITY. 9) Notices: All notices and orders given to the EAGLES and the CITY may be served by email or by U.S. Mail to their addresses of record. 10) Operation: The EAGLES is solely responsible for staffing and operating the concession space. Any minors working at the concession stand shall be supervised on-site by at least one adult to whom the EAGLES has delegated full authority to make decisions and make sure the concession stand is operated in a safe and lawful manner. The EAGLES will provide the CITY with the name and contact information of the person(s) that the EAGLES has designated as being responsible for the operation of the concession stand. 11) Insurance: The EAGLES shall provide and maintain at its own cost and expense all appropriate insurance throughout the term of this Agreement to cover the EAGLES, the CITY, and others using or affected by the concessions. The CITY of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers shall be named as an additional insureds on the policy. Required insurance includes , and such public liability, product liability, and property damage insurance to protect against any claims for damage to property and for personal injuries, including death, which may arise from the operation of this concession by the EAGLES. The minimum insurance coverage limits shall be written on an occurrence basis and have minimum limits of $500,000 per occurrence, and a $1 million general aggregate limit. Other minimum coverages include $50,000 damage to rented premises, per occurrence, $5,000 medical expense coverage, per person, and $100,000product liability coverage. A copy of all certificates of insurance must be furnished to the CITY. 2 12) Risk/Hold Harmless/Indemnification: The EAGLES accepts all responsibility and liability for its actions related to its use of the concession space. The EAGLES holds the CITY harmless from all actions, claims, and damages related to the EAGLESEAGLES shall indemnify the CITY, its officers, council members, agents, employees, and authorized volunteers for any and all claims, suits, losses, damage, or injury to person or property of whatever kind and nature, whether direct or indirect, arising out of or related to the EAGLES concession space. 13) No Partnership / Agency: The EAGLESse of the concession space is not intended to create a partnership or principal/agent relationship between the CITY and the EAGLES. 14) Federal, State, and Municipal Laws: The EAGLES, its employees, agents, and volunteers, shall comply with all Federal, State, and Municipal laws, ordinances, rules, orders, and regulations for all matters related to their use of the concession space. 15) Utilities: The CITY shall not charge the EAGLES for electrical, water, and garbage service for the concession space, unless usage significantly exceeds prior usage of the concession space. The EAGLES shall make sure that faucets are turned off, and equipment and appliances are unplugged, during all times concessions are closed. The EAGLES shall use all electric and water service in strict compliance with building codes, plans, and designs as approved by the CITY. 16) Flammables: The EAGLES shall not use or permit the storage of any illuminating oils, oil lamps, benzine, naphtha or other similar substances or explosives of any kind, or any substance or things prohibited in the standard policies of fire insurance companies in the State of Wisconsin in any buildings erected or to be erected on the premises. 17) Sanitation: The EAGLES agrees to keep the concession space in a clean and sanitary condition. The EAGLES is responsible for disposal of food waste, packaging containers, eating utensils, and other waste directly attributable to its concessions within the interior of the concession space, and is also responsible for waste and litter directly attributable to its concessions throughout the William G. Spanbauer Field Baseball/Softball Complex. The EAGLES may use the CITY Park to dispose of waste and litter created by its concessions. If the concession generates more waste and refuse than can be contained within the dumpsters furnished by the CITY, then the EAGLES is responsible for removing, at its expense, the extra waste and refuse off-site to its own dumpsters. 18) Inspection/Access: The CITY may inspect the concession space at any time. The EAGLES will promptly correct any condition that is unsatisfactory to the CITY. The CITY will work with the EAGLES to ensure that concession activities continue during operational hours, the CITY reserves the right to close all or part of the concession space in the event of a dangerous circumstance affecting health or safety that the CITY observes, or that the CITY becomes aware of from other agencies such as the Health Department. 19) Advertising: The EAGLES shall display at least one sign on or in the concession space indicating that the concession is operated by the EAGLES and not the CITY. Signage must be approved by the Parks Department. One sign may be temporarily attached to the exterior of the concession space as long as: a) the exterior location and method of securing to the building is approved by the Parks Department; and, b) the exterior sign is removed at all times that concessions are closed. One or 3 more signs may be located inside the concession space. No other signage with any other message or advertisement is allowed, except for a sponsor logo which may be on the same EAGLES sign, but must be clearly smaller than the EAGLES language and logo. No separate signs with sponsor logos will be allowed. The EAGLES EAGLES that is not approved by the CITY, or to the extent that any activity of the EAGLES creates a nuisance. 20) Other Business: The EAGLES shall not carry on or within or around the concession space any other business or activity except as described in this Agreement. The CITY may maintain or install vending machines that will be operational during the EAGLESCITY agrees that it will not sell, rent, lease, or permit any other person, business or concessionaire to sell food and drink concessions during regularly scheduled baseball/softball league play at William G. Spanbauer Field. 21) Service to Public: The policy of the CITY is to serve the public in the most ethical and responsible manner possible, and the EAGLES agrees that both it and its employees, volunteers, and agents shall at all times undertake the same policy and cooperate with the CITY to ensure this occurs. 22) No Representations: The EAGLES acknowledges that the CITY has not made or caused to be made any representations of any nature whatsoever in connection with the subject concessions, and in particular has made no representations dealing with such matters as anticipated revenue to the EAGLES, or related issues. The EAGLES acknowledges that it will enter into this lease as the result solely of its own business judgment and not as the result of any representations whatsoever, direct or indirect, made by the CITY, its agents or employees. 23) Discrimination: During the term of this agreement the EAGLES shall not to discriminate on the basis of any protected class as defined by local, state, and federal laws. 24) Use by Others: If an event that is not part of a normal summer non-league tournament, or a special event, or other activity will be held at the Park, and if the EAGLES is willing to allow others to use its concession equipment, then the CITY may allow the other party to use the concession space as long as EAGLES, CITY, and other party are able to enter into a mutually agreeable written agreement. FRATERNALORDER OF EAGLES, AERIE NO. 267, OSHKOSH, WISCONSIN, INC. By: _____________________________________ By: __________________________________ _____________________________________ __________________________________ (Print name) (Print title) (Print name) (Print title) CITY OF OSHKOSH By: ______________________________________ By: __________________________________ Mark Rohloff, City Manager Pamela R. Ubrig, City Clerk Approved as to form: _______________________________ Lynn Lorenson, City Attorney 4