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HomeMy WebLinkAbout07-18 JANUARY 9,2007 07 -18 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE AGREEMENT I FAST PITCH CLUB - QUARRY PARK INITIATED BY: PARKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Fast Club Inc. for lease of Quarry Park for softball complex and use of park building for concession operation 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. LEASE OF CITY PROPERTY FOR SOFTBALL COMPLEX AND USE OF PARK BUILDING FOR CONCESSION OPERATION AT QUARRY PARK THIS AGREEMENT, made and entered into this 10th day of January, 2007, by and between the Fast Club Inc. of Oshkosh, Wisconsin (hereinafter referred to as Fast Club Inc.), party of the first part, and THE CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin (hereinafter referred to as "City"), party of the second part. WHEREAS, Fast Club Inc. wishes to use Quarry Park for girl's fast-pitch softball; and WHEREAS, Fast Club Inc. has a plan to develop three diamonds at Quarry Park; and WHEREAS, Fast Club Inc. desires to convert the park's shelter into a concession stand, usable restrooms, and storage area; NOW, THEREFORE, pursuant to s?id resolution of the City Council of the city of Oshkosh, the parties agree as follows: 1. Location: Fast Club Inc. will be allowed to use Quarry Park, including the current parks building, to develop three (3) softball diamonds and support facilities. 2. Length of Agreement: The agreement will be for a ten (10) year period commencing on the 1 st day of February, 2007, and terminating on the 31st day of January, 2017. Tenant shall have the option to renew for one (1) subsequent period of five (5) years under the same terms and conditions as exist during the initial ten (10) year period. Fast Club Inc. agrees to give City notice of at least sixty (60) days prior to "the end of any agreement term of its intention to exercise its option to renew. 3. Termination. Fast Club Inc. and the CITY shall hav~ the right to terminate this agreement without cause upon 60 days prior written notice to the other party. 4. Property Development: Fast Club Inc. shall develop and improve Quarry Park according to the design plans submitted by the Club during October, 2006. Included will be ball diamond(s) layout, grading, seeding, development of skin area, and erection of diamond fencing, plus improvements to the current shelter for concession and restroom operations (which includes electrical, plumbing and other utility needs.) Fast Club Inc. shall do all construction and make all improvements at their own expense, and without the financial or work assistance of the City. Fast Club Inc. will need to obtain construction permits as required by the City. 5. Management of Property: The softball complex at Quarry Park shall be managed by Fast Club Inc., including the scheduling of all Club team practices, games and tournaments, plus organized use by other groups (Fast Club Inc. shall have priority use.) The diamonds may be used for recreational purposes by the community when there are no scheduled uses through Fast Club Inc. Fast Club Inc. shall post a schedule of organized uses fOfeach week, month, and year to assist the community as to the availability of the diamonds. 6. Management of Concession Stand: Concession operations shall be managed by Fast Club Inc. and will be operated by volunteers and/or paid employees. The Board of Directors of the Club shall. be solely responsible for determining the volunteers and/or paid employees who will be working at the concession stand. Fast Club Inc. agreesto provide the City with the name of the President of Fast Club Inc. and he/she or their designee shall serve as the liaison or manager between Fast Club Inc. and the City relative to any questions concerning the operation and/or management of the concession. Fast Club Inc. will be responsible for the purchase or rental of all equipment necessary to operate a concession operation. All State and local health laws and regulations shall be strictly complied with. 7. Maintenance: Fast Club Inc. shall be responsible for all diamond maintenance, including the addition of skin materials, turf cultural practices, mowing of diamond grass, grooming and preparation of diamonds for games, the purchase and installation of home plates and bases, and the hiring of any staff to perform maintenance functions. Fast Club Inc. shall supply their own maintenance equipment including a ball diamond grooming unit, mowing unit, line marker, etc. Fast Club Inc. shall keep the Quarry Park building in good repair, and shall be responsible for the cleanliness of the restrooms, plus concession and storage areas. Fast Club Inc. shall be responsible for securing a waste material container and the disposal of waste materials and supplies. Fast Club Inc. shall keep the entire park clean of litter and debris. 8. Repairs: All equipment associated with the Fast Club's Inc. operation of the Quarry Park Softball Complex shall be maintained and kept in good repair by Fast Club Inc. at the Club's own expense. This includes concession equipment, plus ball diamond grooming and mowing equipment. 9. Utilities: Fast Club Inc. shall pay for all electric lights, power, gas, water, and sewer used and consumed in connection with the operation of the concession building and softball complex. 10. Insurance: FastClub Inc. shall procure, at its own cost and expense, worker's compensation and such public liability and property damage insurance as required to protect Fast Club Inc., the City, and its officers and employees from any claims for damage to property and for personal injuries, including death, which may arise from the operation of the Quarry Park softball complex. Fast Club Inc will comply with the insurance requirements for contractor's when doing any work upon the property and will comply with the city's special events insurance policy (as that policy may be amended from time to time) for liability and other insurance. 11. Risk: Fast Club Inc. assumes all risk. in the operation and shall be solely responsible and answerable in damages for all accident or injuries to person or property and hereby covenants and agrees to indemnify and keep harmless the City, its officers and employees from 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 the operation of this agreement or the carelessness, negligence, or improper conduct of Fast Club Inc. or any servant, agent, or employee, which responsibility shall not be limited to the insurance coverage herein provided for. 12. Waiver of Damage: FastClub Inc. will expressly waive any and all claims for compensation for any and all loss or damage sustained by Fast Club Inc. resulting from fire, water, tornado, or other act of nature, civil commotion, or riots. Fast Club Inc. will expressly waive all rights, claims, and demands, and forever release and discharge theCity, its officers and employees from any and all demands, claims, actions, and causes of action arising from any cause. Fast Club Inc. specifically waives all claims against the City of Oshkosh, their insurers, officers, employees, agents and their successors to the extent that such claims are covered by any applicable insurance coverage. 13. Not an Agent: Nothing contained in this agreement shall create or be construed as creating a co-partnership between the City and Fast Club Inc. or to constitute Fast Club Inc. as an agent of the City. 14. Federal, State and Municipal Laws: FastClub Inc. 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 an act, neglect or omission of Fast Club Inc. or any employee, person or occupant of said premises while such premises are occupied under this lease; and in the event of any violation, or in case the City or its representatives shall deem any conduct on the part of Fast Club Inc., or any person or occupant of the premises while such premises are occupied under this lease, to be objectionable or improper, the City shall have the right and power and is hereby authorized by Fast Club Inc. to at once declare the concession agreement terminated without previous notice to Fast Club Inc. 15. Inflammables: Fast Club Inc. shall not useor permit the storage of any illuminating oils, oil lamps, benzine, naptha or other similar substances or explosives.ofany 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. 16. Inspection/Access: It is agreed that the Quarry Park Softball Complex, including the concession/restroom building may be inspected at any time by authorized representatives of the City. Fast Club Inc. agrees that if notified by the City or its representatives, that any part of the premises or the facilities thereof is unsatisfactory, it will immediately remedy same. 17. Notices: Any notices required by this agreement shall be given by first class mail to the following representatives/addresses: To the City of Oshkosh: Attn: Parks Director City of Oshkosh P.O. Box 1130 Oshkosh, VVI 54903-1130 To Fast Club Inc.: Attn: 18. Service to Public: The policy of the City is to serve the public in the best possible manner, and Fast Club Inc. agrees that both it and its employees, volunteers, and agents shall at all times cooperate to this end. 19. Interpretation of Agreement: Should any question arise as to the proper interpretation as to the terms and conditions of this agreement, both parties agree to submit to arbitration per Wisconsin Statute Ch. 788, the decision made by the arbitrator or arbitrators shall be binding on both parties. Both parties agree to consent to the issuance of an order in the appropriate circuit court in Winnebago County implementing the decision of the arbitrator or arbitrators. 20. No Representations: Fast Club. Inc. acknowledges that the City has not made or caused to be made any representations of any nature whatsoever in connection with the subject softball complex and concession operations, and matters as anticipated revenue to Fast Club Inc., or related issues. Fast Club Inc. acknowledges that it will enter into this agreement 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. 21. No Discrimination: Fast Club Inc. will agree not discriminate in its operations under the contract on the basis of race, color, creed, age, and sex, or as otherwise prohibited by law. Breach of this covenant may be regarded as a material breach. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of , 2007. Fast Club Inc. of Oshkosh By: By: City of Oshkosh By: Richard A. Wollangk, City Manager By: Pamela R. Ubrig, City Clerk APPROVED AS TO FORM: Lynn A. Lorenson, Asst. City Attorney