HomeMy WebLinkAboutFaith on Fire-Camporee Agreement 2004
AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of July, 2004, by and
between the CITY OF OSHKOSH, a Wisconsin municipal corporation located in
Winnebago County, Wisconsin, hereinafter referred to as "City", and Faith on Fire
Pathfinder Camporee, hereinafter referred to as "Faith on Fire";
WHEREAS, Faith on Fire is desirous of utilizing City of Oshkosh facilities located
at Menominee Park from August 10th through August 13th, 2004 for their Camporee.
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions hereinafter contained, the parties mutually agree as follows:
1. USE OF FACILITIES. Faith on Fire shall have use of the Zoo and
Amusement Ride area located in Menominee Park for its participants. Participants shall
wear wrist bands which shall identify them as Faith on Fire Camporee participants and
shall entitle them to entrance into the Zoo and use of the amusements without charge to
the individual Faith on Fire participants. Amusements shall include the merry-go-round,
whip ride, train, canoes, kayaks, aqua bikes and paddle boats. .
2. DATES: Faith on Fire shall have use of the Menominee Park facilities on
August 10, 2004 from 1 p.m. - 5 p.m. and August 11-13, 2004 from 9 a.m. - 5 p.m.
3. PAYMENT TO CITY: Faith on Fire shall pay to the City a total of
$2400.000 ($600.00 per day) prior to August 1, 2004 to cover the normal costs of
admissions and rides for its participants.
4. NON-EXCLUSIVE AGREEMENT. This agreement is non-exclusive and
shall not be construed to limit the use of park facilities by residents or other patrons of
Menominee Park.
5. USE OF VOLUNTEERS. Faith on Fire shall provide appropriate and
sufficient adult staff and volunteers to assist and supervise use of the canoes, kayaks,
aqua bikes and paddle boats during those periods identified in paragraph 2 above.
6. FEDERAL, STATE, AND MUNICIPAL LAWS: Faith on Fire will not use,
nor permit any person to use, in any manner whatsoever, the said premises, or any part
thereof, or any building for any illegal purpose, or for any purpose in violation of any
Federal, State, or municipal law, ordinance, rule, order or regulation, or of any rule or
regulation of the City now in effect or enacted or adopted, and will protect, indemnify
and forever save and keep harmless the City and the individual employees thereof and
their agents, from and against any damage, penalty, fine, judgment, expense or charge
suffered, imposed, assessed or incurred, for any violation or breach of any law,
ordinance, rule, order or regulation occasioned by any act, neglect or omission of Faith
on Fire or any employee, volunteer or participant in Faith on Fire.
7. INSURANCE: Faith on Fire shall procure, at its own cost and
expense, and have in effect at all times pertinent to this Agreement, insurance as
specified in Resolution #02-451 of the Oshkosh Common Council, a copy of which is
attached to this agreement.
8. NOT AN AGENT: Nothing contained in the Agreement shall create or be
construed as creating a co-partnership between the City and Faith on Fire or to
constitute Faith on Fire as an agent of the City.
9. INDEMNIFICATION. Faith on Fire shall indemnify and save harmless the
City from and against any and all losses, claims, demands, penalties, fines, causes of
action, costs, damages, expenses and liability, including without limitation any
reasonable attomey or consultant fees, investigation fees, court costs and litigation
expenses, and other costs of defense arising out of or in any manner related to Faith on
Fire's, it's employee's, volunteer's or agent's negligent acts or omissions related to
operation of the event, including but not limited to:
A.
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal) (except to the extent caused by the City);
B.
Any lawsuit brought or threatened, settlement reached, or local, state, or federal
government or agency order, including, but not limited to claims, costs, liabilities,
or expenses arising under federal, state, or local law;
C.
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and,
D.
Any breach or violation of any contractual provision of whatever kind with any
third party.
INDEMNIFICATION. City shall indemnify and save harmless Faith and Fire from
and against any and all losses, claims, demands, penalties, fines, causes of action,
costs, damages, expenses and liability, including without limitation any reasonable
attorney or consultant fees, investigation fees, court costs and litigation expenses, and
other costs of defense arising out of or in any manner related to the City's, it's
employee's, volunteer's or agent's negligent acts or omissions, including but not limited
to:
A.
Any personal injury or bodily injury (including wrongful death) or property damage
(real or personal) (except to the extent caused by Faith and Fire);
B.
Any lawsuit brought or threatened, settlement reached, or local, state, or federal
government or agency order, including, but not limited to claims, costs, liabilities,
or expenses arising under federal, state, or local law;
C.
Any violation of laws, orders, regulations, requirements, or demands of any
governmental authorities; and,
D.
Any breach or violation of any contractual provision of whatever kind with any
third party.
2
It is the intention of this agreement that each party be responsible for its own acts
and qmissions and that this agreement shall be construed to such end.
This Agreement shall terminate upon performance of the obligations hereunder.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
this .&:L day of July, 2004.
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Approved:
Lynn Lorenson
Assistant City Attorney