HomeMy WebLinkAboutAgreement for Exclusive Right to Parking/Waterfest 2011 E
AGREEMENT FOR EXCLUSIVE RIGHT TO PARKING r 1 2 8 201
CITY CLERK'S OFFICE
This Agreement is made by and between the City of Oshkosh (City) and Waterfest,
Inc. ( Waterfest), for good and valuable consideration, and governs Waterfest's
temporary, limited use of one or more spaces in one or more municipal parking Tots.
1. Waterfest has requested, and the City has agreed to grant, a temporary, limited,
license to use the following space(s) in the following municipal parking lot(s) for their
exclusive use on the dates and times identified for parking purposes:
Riverside Lot, all marked public parking spaces except for the twenty (20)
spaces designated as leased parking spaces in the northwest corner of the
lot (per Section 27- 49(A)(4) of the Oshkosh Municipal Code)
2. Waterfest's license to use marked space(s) in the public parking lot(s) which are the
subject of this Agreement will be valid during the following time period(s):
5 PM to 11 PM on evenings when Waterfest concerts are held (scheduled
for each Thursday from June 9, 2011 through August 25, 2011, plus
Wednesday, August 31, 2011).
3. During the period in which the license is in effect, Waterfest is allowed to close off
the parking lot(s) to the general public with the following condition(s):
Waterfest shall allow leaseholders of the twenty spaces at the northwestern
portion of the Riverside Lot (per Section 27- 49(A)(4) of the Oshkosh
Municipal Code) full ingress and egress rights, without charge, to access
their parking spaces free of charge during Waterfest's license period. The
Applicant may require vehicles to demonstrate proof that they are eligible
to park in those spaces.
4. Waterfest shall be allowed to collect and retain all revenues from parking activity
within the parking lot(s) during its license period, at their discretion.
5. Waterfest certifies that the parking lot(s) and marked parking spaces subject to their
license will be used for typical parking lot purposes during the periods of these
reservations.
6. Before 5 PM and after 11 PM on each day this license is in effect, the use of the lot
by Waterfest and those attending or wishing to attend the Waterfest event must
otherwise be consistent with the City's Municipal Code.
7. Waterfest agrees to accept the municipal parking lot(s) and parking spaces, and the
condition of this parking lot and spaces, on an as -is basis each day their license is in
effect. The City makes no representations or warranties to Waterfest regarding the
condition of the property subject to this license, or its fitness for any particular
purpose.
8. At the conclusion of each license period, Waterfest shall return the parking lot and
parking spaces to the same condition as before the license period came into effect,
normal wear and tear excepted. Waterfest shall pay the City for observable and/or
measurable damage caused to the parking lot(s) which is not consistent with typical
parking lot usage or would otherwise be considered normal wear and tear.
Waterfest shall remove at the conclusion of each license period all temporary fence,
barrier, post, sign, or any such item that was installed for any purpose. Waterfest
shall repair any holes, gouges, tracks, or other damage resulting from their use of
the parking lot and parking spaces.
9. Waterfest is solely responsible for claims and damages which occur at the parking
lot and parking spaces during any of its license period. Waterfest agrees to hold the
City harmless for all claims, actions, and damages by anyone related to use of the
parking lot and parking spaces during the term of any license period.
10. Nothing in this Agreement or related sub - Agreements are intended as a waiver of
the City's right or opportunity to rely upon the municipal limitations and immunities
contained within Wisconsin law. Municipal immunities and limitations include, but
are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such
damage limits, caps and immunities are intended to be preserved and are
incorporated into this agreement and shall govern all disputes, contractual or
otherwise, as they apply to the municipality and its agents, officers, and employees
executed this Agreement diail.2±
The parties have exe reement as of the I bday of g
2011.
CIF OS KOSH CITY OF OSHKOSH
By MIL �;r� �, : ; �� >>4- i
Pamela R. /.brig
Ma r4E A. Rohloff
City Clerk City Manager
APPROVED AS TO F ( RM: APPLICANT
By: ``�,,�1 } , • 1 By:
Lynn A. Lorenso
City Attorney Name: 4 kk 4 C &
Title: (recz - �----
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