HomeMy WebLinkAboutSnow Plowing Agreement/100 N Main LLC & Oshkosh 620 LLC CITY OF OSHKOSH / DAYMARK —100 N MAIN LLC AND OSHKOSH 620 LLC
SNOWPLOWING AGREEMENT
2009 — 2010
This Agreement is made by and between the City of Oshkosh (hereinafter referred to as
the "City ") and Daymark -y 100 N Main LLC /Oshkosh 620 LLC (hereinafter referred to as
"100 North Main "), and governs snowplowing activities which may be performed by 100
North Main or its designated agent on the public parking area known as the Ceape
Avenue Lot (located at the northeast corner of the intersection of Ceape Avenue and
State Street).
In exchange for the mutual agreements stated below, and other good and valuable
consideration, the parties agree as follows:
1. The City agrees to allow 100 North Main or its designated agent to perform
snowplowing activities on portions of the Ceape Avenue lot.
2. 100 North Main or its designated agent may elect to perform snowplowing
activities on portions of the Ceape Avenue lot in order to accommodate snow
removal operations on their property. Neither 100 North Main nor its designated
agent is under any financial or legal obligation to plow or remove snow from this
or other public parking areas. Neither 100 North Main nor its designated agent is
required to provide prior notice to the City before initiating snow removal
operations after a specific winter weather event.
3. If 100 North Main or its designated agent chooses to engage in snowplowing
operations in the Ceape Avenue lot, they or their agent must submit to the City
acceptable proof of insurance before commencing operations. In addition, they or
their agent must meet with the Streets, Sanitation & Central Garage
Superintendent to discuss plowing procedures in the Ceape Avenue lot.
4. 100 North Main will be responsible for any damage caused by its or its agent's
snow plowing operations which occur in the Ceape Avenue lot, including but not
limited to damage to vehicles, streetlighting poles, landscaping, or other parking
lot accoutrements.
5. 100 North Main or its designated agent shall not, through its snow plowing
operations, block any legally parked vehicles in their spaces in the Ceape
Avenue lot. 100 North Main will be responsible for any costs associated with
removing legally parked vehicles from the Ceape Avenue lot which have been
blocked in by snowpiles created through the snow removal operations executed
by itself or its designated agent.
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6. If 100 North Main or its designated agent has elected to plow portions of the
Ceape Avenue lot after a winter weather event, vehicles with valid parking
permits as issued by 100 North Main may park in the Ceape Avenue lot during
the duration of snow plowing and removal operations from 100 North Main's
private parking area. Upon completion of these activities, vehicles in the Ceape
Avenue lot shall either be removed to other parking areas or present a valid
municipal parking permit. Vehicles without a valid municipal parking permit may
then be ticketed and towed in accordance with customary enforcement practices.
7. Either party may elect to terminate this agreement prior to the proposed
termination date, upon seven (7) calendar days' written notice.
8. The Agreement shall be in effect from the date of its execution by both parties
through April 30, 2010, unless terminated earlier as outlined in the previous
paragraph.
The parties have executed this Agreement as of the day oft
2009.
CITY OF a HKOSH 1 CITY OF OSHKOSH
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City Attorney City Manager
WITNESS: DAYMARK— 100 MAIN LLC /
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