The URL can be used to link to this page

Home My WebLink AboutWinnebago County Rental Agreement 10/2009m . AGREEMENT BETWEEN CITY OF OSHKOSH AND WINNEBAGO COUNTY OCT 2 9 2009 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, 2009, through April 30, 2010. 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. 5. MAINTENANCE 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 A attached to this agreement. 1 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 A, 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 certifies that it has liability and property insurance coverage through the League of Municipalities insurance program and the State of Wisconsin Local Government Property Insurance Fund. 7. WAIVER OF DAMAGE AND HOLD HARMLESS LESSEE will expressly waive any and all claims for compensation from LESSOR for any and all loss or damage sustained by LESSEE resulting from vandalism, criminal damage, fire, water, tornado, or other acts of third persons or acts of nature. LESSEE specifically waives all claims against LESSOR, their insurers, officers, employees, agents and their successors to the extent that such claims are covered by any applicable insurance coverage held by LESSEE. LESSEE agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, LESSEE further agrees to hold the LESSOR harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of LESSEE while acting within the scope of their employment. 2 a ' LESSOR agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, LESSOR further agrees to hold the LESSEE harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of or in connection with or occurring during the course of this agreement where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of LESSOR while acting within the scope of their employment. LESSOR and LESSEE intend by this indemnification, that each party will be responsible for the acts and omissions of its own officers, employees, agents, contractors, subcontractor and invitees to the extent not caused by, aggravated by, or enhanced by the other party's officers, employees, agents, contractors, subcontractor and invitees. 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: LESSEE: City of Oshkosh Jon Urben, General Services 215 Church Avenue Oshkosh, W1 54901 3 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 WHEPEOF, the parties have duly signed and executed this Rental Agreement this �_ day of 2009. WINNEBAGO COUNTY (LESSOR) CITY OF OSHKOSH (LESSEE) B y: y --- 4 -/ N And: —,' .. . '- Nj — ti •- -\ . - Y W MA • ��` • hereby 't the necessary provision have beer � , 0 pay the liability which wili acc e uncJt,; co it!v Comptroller El