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HomeMy WebLinkAboutWinnebago County/Rental Agreement ~, : ~a~ AGREEMENT BETWEEN CITY OF OSHKOSH AND WINNEBAGO COUNTY RENTAL AGREEMENT by and between City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54901 (hereinafter referred to as the "LESSEE"), and Winnebago County, 415 Jackson Street, Oshkosh, Wisconsin 54903 (hereinafter referred to as "LESSOR"). LESSEE and LESSOR, for and in consideration of their respective obligations hereinafter contained agree as follows: 1. PREMISES: LESSOR hereby rents to LESSEE, upon the terms and conditions contained in this Rental Agreement, the following premises located on or adjacent to the Winnebago County Maintenance Facility, 1221 Knapp Street, Oshkosh, Wisconsin; Two salt sheds as shown on . Exhibit "A", hereinafter referred to as the "PREMISES". 2. RENTAL FEES. DEPOSIT and REFUNDS: The Rental fee for the PREMISES shall be One Thousand Dollars ($1,000.00) for the term of the lease ($500.00 per term for each salt shed). Said fee shall be due and payable on the first day of term. Payments should be made payable to Winnebago County and mailed to Charles Orenstein, Winnebago County Finance Department, PO Box 2808, Oshkosh, Wisconsin 54903-2808. 3. TERM: This rental Agreement shall be in effect from May 1, 2005, through April 30, 2006. 4. USE: LESSEE shall use the Premises for the purpose of storing road salt and cinders. Lessee shall not use the Premises for any purpose other than as stated herein. LESSEE shall comply with all state and federal laws, rules and regulations and all applicable municipal ordinances in the use of the Premises. .In addition, LESSEE shall abide by and conform to all rules and regulations adopted or prescribed from time to time by the LESSOR for the Premises. LESSEE shall indemnify and hold LESSOR harmless for any violations by Lessee of any law, rule, regulation, or ordinance while using the Premises. 1 . I 5. MAl NTENANCE and OPERATIONS: During the term of this agreement: a. LESSEE shall, at its own expense and at all times during the term of this agreement keep the Premises clean and well-maintained. LESSEE shall not injure, or in any way deface the Premises or cause or permit the same to be done. LESSEE shall not keep or maintain any substances, other than those described above, on the premises. Lessee shall also remove all snow per Exhibit B attached to this agreement. Additionally, the City of Oshkosh snow removal crew shall remove the snow from the parking and travel areas at the Winnebago County Maintenance Facility located at 1221 Knapp Street as indicated on Exhibit B, during the period covered by this agreement. b. LESSEE shall not do or permit to be done anything in or upon any portion of the Premises or bring or keep anything therein or thereupon which shall in any way conflict with the conditions of any insurance policy upon the building or any part thereof or in any way increase any rate of insurance upon the buildings and/or grounds or on property kept therein. c. LESSEE shall not, without the written consent of the LESSOR, put up or operate any engine or motor or machinery on the Premises or use oils, burning fluids, camphene, kerosene, naphtha or gasoline for either mechanical or other purposes, or any agent other than gas or electricity for illuminating the Premises or generating electricity. This clause shall not apply to licensed motorized vehicles. d. At the end of the term of this agreement, LESSEE shall quit or surrender the Premises in the same condition as at the commencement of the term, ordinary wear and tear excepted. 6. INSURANCE: LESSEE shall, at its own expense, obtain insurance in accordance with Exhibit "C" and shall provide proof of such upon request of LESSOR. 7. INDEMNIFICATION: The LESSOR shall not be responsible for any damage, or injury incurred by the LESSEE or LESSEE's agents, servants, employees or property, from any cause, prior, during or subsequent to the term of this agreement. Likewise, the LESSOR shall not be responsible for any damage, loss, or liability of any kind and nature, occurring on the Premises, the property adjacent thereto and any other portion of the Winnebago County Maintenance Facility or adjacent premises, by reason of any bodily injury to, or death of, any person, or by reason of any damage to property of third persons occasioned by any act or omission, neglect or wrongdoing of LESSEE, or any of its officers, agency representatives, assigns, guests, employees, invitees, or persons admitted by the LESSEE to said Premises, arising out of the activities conducted by LESSEE, its agents, members or guests (including claims of employees of LESSEE or of any 2 f ~. contractor or subcontractor). LESSEE shall indemnify, hold the LESSOR harmless and shall defend and protect the LESSOR from any claim, loss, demand or liability arising out of any bodily injury or property damage as described herein, provided that LESSEE shall not be responsible for any injury or damages resulting solely from the negligence of the LESSOR. LESSEE shall be liable for any costs incurred as a result of damages to the Premises leased herein caused by any act or omission, neglect or wrongdoing of LESSEE or any of its officers, agents, representatives, assigns, guests, employees, invitees, or persons admitted by the LESSEE to said Premises, arising out of the activities conducted by LESSEE, its agents, members or guests (including claims of employees of LESSEE or of any contractor or subcontractor), or as a result of LESSEE holding over upon the leased Premises. Said costs shall include any attorney's fees and costs incurred by LESSOR in association with the litigation of such matter. 8. MISCELLANEOUS: a. Rules. LESSEE acknowledges that it has read, understood and accepts all rules and regulations of the LESSOR with respect to the Premises. b. Binding Agreement. This agreement shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, heirs and personal representatives, except as otherwise expressly provided herein. c. Waiver, Change or Modification. This agreement may not be changed orally, but only an agreement in writing, and signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. d. Applicable Law. The parties agree that this agreement shall be construed pursuant to and in accordance with the laws of the State of Wisconsin. 9. DISCRIMINATION: During the term of this agreement the LESSEE agrees not to discriminate against any person, whether a recipient of services (actual or potential), an employee, guest, or an applicant for employment on the basis of race, religion, sex, handicap, national origin, age, cultural differences, sexual preferences or marital status. 10. NOTICES: Any notice required pursuant to this Agreement shall be considered provided upon deposit in the U.S. Mail, 1st Class postage affixed. Notices shall be mailed to the parties at the following addresses: 3 . . LESSEE: City of Oshkosh Don LaFontaine, Purchasing Agent 215 Church Avenue Oshkosh, WI 54901 LESSOR: Michael Elder Winnebago County PO Box 2808 Oshkosh, WI 54903-2808 11. The entire agreement of the parties is contained herein and this agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. Should any part of this agreement be held to be invalid by a Court of Law, said ruling shall not invalidate the remainder of this Agreement. IN WITNESS WHEREOF, the parties have duly signed and executed this Rental Agreement si gned this 17th day of February, 2OQ6X>C>et This instrument was drafted by: Attorney Lynn A. Lorenson Asst. City Attorney Oshkosh, WI 54903-1130 4 ~ ~ +J +J 1- 1- <D Q) a.. a.. 0 0 1- 1- a. a. -0 -0. Q) Q) rn (J) 0 0 Q) Q) ...J ...J '=\d- I t I I I -:+ - -<<MOl I I I j I I I I I I 1 I I I I lJ I I I i I I I I u:! I I . I I I ~ z / . ---------.y ..... ~ 1! Iti:1 ! +J \f- c+J .. 0 :JO "ft,.. .~ 8 0 o.~ ~ : liUfJ.! r<') 00 il II 1- on.. 3Ijl~:}ff:J .. I .5 0'1 81 A' ocn :1 T"" -OC) ~ 'Irt (f 0 Q)z 0: ~I".I c- o .f; 3: J bJ 3: :c. ......tiS - J I :J..: I I :J ! I I I I I I 1 I ~ I I I C'J "0 C CI:I ..,.. "0 ill .c (f) -, 1 I r 1 1 EXHIBIT "A" f,' OSHKOSH-01 KOMA ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYY) 12/15/2005 PRODUCER (920) 739-7711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 122 E College Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 877 Appleton, WI 54912-0877 INSURERS AFFORDING COVERAGE INSURED City Of Oshkosh INSURER A: Leaaue of WI Municioalities Mutual Insurance ATTN: Don LaFontaine INSURER B: POBox 1130 INSURER c: Oshkosh, WI 54903-1130 INSURER 0: I INSURER E: COVERAGES THE POLICiES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE: FOR THE POLICY PERIOD INDICATED. NoTwiTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS, II~~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 r-- A X COMMERCIAL GENERAL LIABILITY 70266 02/01/2005 02/01/2006 FIRE DAMAGE (MY one fire) $ INCL I CLAIMS MADE [i] OCCUR MED EXP (My one person) $ EXCLUDED X Public Officials E & 0 PERSONAL & ADV INJURY $ INCL X Employee Benefits Liab GENERAL AGGREGATE $ NONE GEN'L AGGREAE LIMiT APnS PER: PRODUCTS-COM~OPAGG $ NONE I POLICY ~~g LOC Public Officials E & 0 $50,000 Oed ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ INCLUDED A X ANY AUTO 70266 02/01/2005 02/01/2006 (Ea accident) ALL OWNED AUTOS BODILY INJURY - $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) ~AGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ 3ESS LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND I WC STATU-, I IOJ~- EMPLOYERS' LIABILITY EL. EACH ACCIDENT $ EL. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS WINNEBAGO COUNTY IS LISTED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY WITH RESPECT TO THE RENTAL OF SALT STORAGE FACILITIES AND THE PLOWING OF THEIR PARKING LOT LOCATED AT 1221 KNAPP STREET OSHKOSH WI 54902. CERTIFICATE HOLDER I I ADDITIONAL INSURED' INSURER LETTER: CANe ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Winnebago County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL3L-IJAYS WRITTEN Insurance Administrator NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL POBox 2808 Oshkosh, WI 54903-2808 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITSAGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTATIVE ~~ ~ ~ ACORD 25-S (7/97) @ACORD CORPORATION 1988 EXHIBIT "B"