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REVISED
MAY 24, 2005
05-161
RESOLUTION
(CARRIED 7 -0
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PURPOSE:
APPROVELEASEAGREEMENT/AMUSEMENT
RIDES AT MENOMINEE PARK
INITIATED BY:
PURCHASING DIVISION
WHEREAS, on May 9,2005, the Advisory Park Board recommended approval of
the attached Lease Agreement with Calkins Midway, Inc. for two (2) amusement rides at
Menominee Park.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Lease Agreement between the City of Oshkosh and Calkins
Midway, Inc. is hereby approved and the proper City officials are hereby authorized to
execute and deliver the agreement in substantially the same form as attached hereto, any
changes in the execution copy being deemed approved by their respective signatures, and
said City officials are authorized and directed to take those steps necessary to implement
the terms and conditions of the Agreement.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No. 255-0620-7204-00423 - Amusement Rides.
LEASE AGREEMENT/AMUSEMENT RIDES
THIS AGREEMENT, made and entered into this - day of May, 2005, by and
between the CITY OF OSHKOSH, a Wisconsin municipal corporation located in
Winnebago County, Wisconsin, hereinafter referred to as "City", and Calkins Midways,
Inc., P.O. Box 1534, Oshkosh, WI 54903, hereinafter referred to as "Leasor";
WHEREAS, the City (Parks Department) is desirous of leasing two (2)
amusement rides to enhance the recreational experiences of children and families at the
Children's Amusement Center in Menominee Park; and
WHEREAS, Leasor has two (2) amusement rides available for lease to the Parks
Department.
NOW, THEREFORE, in consideration of the promises, covenants, terms and
conditions hereinafter contained, the parties mutually agree as follows:
A. Leasor agrees to;
1. Lease two (2) mechanical rides, namely, an Elephant Ride, and a Sky
Fighter ride, from mid-May through September, 2005.
2. Set-up and take-down both rides before and after each season.
3. Provide State of Wisconsin Department of Commerce Amusement Ride
Registration and Inspection Permits.
4. Assure that rides are in excellent and working condition before they are
operated in the park.
5. Provide labor and maintenance for major mechanical breakdowns and
problems. Work shall be done within a reasonable time-period.
6. Provide City with Certificate of Insurance, including coverage for liability,
fleet and workers compensation. The City will be added showing the City
as additional insured. This is for times of set-up, take-down, or major
work on City property.
7. Provide City with inventory information, including age and value of
equipment.
B. City agrees to;
1. Operate the leased rides from mid-May through September 2005.
2. Pay Leasor thirty-five (35%) percent of gross revenues for each time that
the ride is operated. Payments shall be made by the 15th day of the
following month of operation.
3. Provide labor and maintenance for minor and routine mechanical issues.
4. Provide appropriate insurance coverage for seasonal and daily operations
through the City's insurance carrier.
C. This Agreement and its terms shall commence May -' 2005 and terminate
on October 15, 2005.
IN WITNESS WHEREOF, the partners have hereunto set their hands and seals
this - day of May, 2005
CITY OF OSHKOSH
By:
Richard A. Wollangk, City Manager
Edward Nokes, Director of Finance
Approved by:
Lynn A. Lorenson, Asst. City Attorney
Calkins Midways, Inc.
By:
And:
Pamela R. Ubrig, City Clerk