HomeMy WebLinkAbout12. 13-134
MARCH 26, 2013 13-134 RESOLUTION
(CARRIED__6-0__ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: APPROVE AMENDMENT TO MANAGEMENT AGREEMENT FOR
CONVENTION CENTER
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City entered into an Agreement with Oshkosh Investors, LLC for
operation of the City’s Convention Center in May 2012;
WHEREAS, Oshkosh Investors, LLC has requested inclusion of the Property
identified on the attached Exhibit “A” to this Resolution to their lease to allow them to
market and to control the use of the lawn area immediately adjacent to the patio;
WHEREAS, the Common Council has concurrently with this Resolution approved
acceptance of a quit claim deed from the Oshkosh Area Community Foundation as the
heirs of Mr. William M. Bray, for the use of the Property identified on the attached
Exhibit “A” to this Resolution in connection with the operation of the Oshkosh
Convention Center;
WHEREAS, Oshkosh Investors, LLC has requested the ability to place signage
upon the skywalk connecting the Oshkosh Convention Center to the hotel located
across a portion of Main Street.
NOW, THEREFORE, BE IT RESOLVED by the Common Council for the City of
Oshkosh that the attached Amendment to Management Agreement for the purpose of
allowing signage to be placed upon the skywalk and to include within the leased
premises the Property identified on attached Exhibit “A” is hereby approved and the
appropriate city officials are hereby authorized and directed to execute and deliver the
amendment 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 as Amended.
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
54903-1130 City of Oshkosh
OfHKO.JH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 20, 2013
RE: Approve Amendment to Management Agreement for Convention Center
BACKGROUND
The City entered into an agreement with Oshkosh Investors, LLC for the operation of
the City's Convention Center in May 2012. Oshkosh Investors, LLC has requested two
amendments to the Management Agreement to allow them to market and control the
use of the lawn area between the Convention Center patio and the Riverwalk and to
place signage on the skywalk identifying the Hotel facility.
ANALYSIS
The lawn area is the subject of a separate resolution also on this agenda to accept a
quit claim deed from the Oshkosh Community Foundation. Once the deed is executed,
the City would no longer be required to maintain the lawn area as a park and would be
free to add this area to the leased premises for use in connection with operation of the
convention center. In order to maintain the spirit of Mr. Bray's original gift to the City,
the proposed deed and amendment limit the ability to combine the property with the
convention center property, limit the use of the property and placement of structures
upon the property and contain a reversionary clause returning the property to park use
should the Convention Center be discontinued, transferred or sold.
The Operator of the Convention Center has requested greater ability to schedule and
use the lawn area for events. Including this area within the lease to the Operator would
allow the Operator to exclude persons who may be disruptive to their events and would
enhance their ability to market the Convention Center knowing that they have the ability
to control the lawn area during events.
The amendment to place signage on the skywalk would allow the Operator to place
signage on the skywalk so long as they meet the listed conditions, including prominently
identifying the Convention Center in addition to the hotel; paying for all costs associated
.•
+.:
with the signage; obtaining all required permits; maintaining the signage and removing it
and restoring the skywalk upon termination of the Agreement.
FISCAL IMPACT
There is no anticipated direct fiscal impact to either of the requested amendments.
There may be an indirect fiscal impact from the ability to use and market the lawn area
as this may assist the Operator to market the Convention Center facilities and thus
increase the revenue to both the City and the Oshkosh Area Community Foundation
under the terms of the Management Agreement.
Respectfully Submitted, Approved:
"a'
n A . Loreh • Mark A. Rohloff
City Attorney City Manager