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DECEMBER 14, 2004 04-443RESOLUTION
(CARRIED__7-0__ LOST______ LAID OVER______ WITHDRAWN______)
PURPOSE:APPROVE GRAND OPEAR HOUSE LEASE RENEWAL
INITIATED BY:CITY ADMINISTRATION
WHEREAS, the City of Oshkosh and the Oshkosh Opera House Foundation,
Inc., previously entered into a five-year lease agreement for purposes of operating and
maintaining the Grand Opera House and the parties seek to renew the agreement on
the following terms and conditions:
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Lease term: 1/1/05-12/31/09, automatic renewal unless six-month notice of intent to
renegotiate is given.
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The City shall pay to the Foundation that portion of the room tax, equal to nineteen
percent (19%) of the seven percent (7%) room tax paid to the City, except for that
amount attributed to room tax collections from the hotel located at 1 N. Main St.,
Oshkosh. The City may adjust the Foundation’s share of said room tax collections
based upon any projected shortfall in debt payment for the Oshkosh Convention
Center TIF District #4. The deduction shall be proportionate to the room tax
adjustment made to the Oshkosh Convention and Visitors Bureau under its
Agreement with the City dated April 28, 2004.
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The Foundation shall be responsible for all routine maintenance and minor repairs,
defined as a repair that does not exceed One Thousand Dollars ($1,000.00); and, for
payment of all utility expenses to the extent not reimbursed by the City through the
Grand Opera House budget. The City shall be responsible for repair, replacement or
capital improvements of all building structural or mechanical systems, and any major
repairs defined as a repair that exceeds One Thousand and 01/100 Dollars
($1,000.01); and, for snow removal and sidewalk maintenance. The Foundation
shall not make structural changes or alterations of the interior designs, furnishings,
fixtures and/or decorating without first obtaining the written consent of the City,
whose consent shall not be unreasonably withheld.
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The City shall provide and pay for all general liability coverage, fire and extended
insurance coverage related to its ownership of the facility, and the operating systems
and equipment. The Foundation shall provide all necessary insurance coverages for
its activities related to this agreement, such liability insurance from promoters and/or
sponsors of events scheduled or held at the Grand Opera House or to provide at its
own expense such insurance for a promoter or sponsor, and such other coverage as
is necessary to insure other personal property located on the premises.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are authorized and directed to enter into an
appropriate agreement containing the above provisions.