HomeMy WebLinkAboutMenominee Park Food/Beverage AGREEMENT FOR MENOMINEE PARK
FOOD/BEVERAGE CONCESSION
THIS AGREEMENT, made and entered into this W\ day of
April, 1988, by and between Paul C. Wagner, 1905 Cliffview Court,
Oshkosh Wisconsin, party of the first part, hereinafter called
"Concessionaire", and the City of Oshkosh, a municipal
corporation located in Winnebago County, Wisconsin, hereinafter
referred to as "City" , party of the second part,
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh, by
resolution duly adopted on the 7th day of April, 1988, accepted
the bid of the first party, Paul C. Wagner, and authorized and
directed the proper City officials to enter into an appropriate
agreement with the party of the first part for a food/beverage
concession at the "Express Station" , in the City of Oshkosh in
return for the City receiving $3, 105. 00 for 1988 from the
food/soda/beverage concession at Menominee Park,
NOW, THEREFORE, pursuant to said resolution of the Common
Council of the City of Oshkosh, the parties agree as follows:
1. That Exhibit A, attached hereto and including eight (8)
pages is incorporated herein by reference as though set forth
fully herein, and is a part of this agreement, and that all the
provisions of the attachment, including all paragraphs up to and
including 32 are specifically agreed to by each party.
2 . That Paul C. Wagner, in addition to the
indemnifications and guarantees contained in Exhibit A attached
hereto, specifically agrees to indemnify and forever save and
keep harmless the City of Oshkosh and the individual employees
thereof and their agents, from and against any damages,
penalties, fines, judgments, expenses, and charges, imposed,
assessed, or incurred in any way, or for any violation or for any
breach of law, ordinance, rules, order or regulation occasioned
by any act, neglect or omission of the Concessionaire, relative
of the Concessionaire, or of any employee of the Concessionaire.
3 . That Paul C. Wagner agrees that should the City or any
of its representatives or agents deem any conduct on the part of
the Concessionaire, Concessionaire's relatives, or of any person
employed by the Concessionaire or any agent of the
Concessionaire, to be objectionable or improper, the City, at its
sole discretion or at the sole discretion of any of its
representatives or agents, shall have the right and power, and
the City is hereby authorized and it is agreed to by the
Concessionaire, to at once declare the concession agreement to be
terminated without notice, previous or otherwise, to the
Concessionaire, and the Concessionaire agrees to reimburse the
City for any damages whatever resulting from such objectionable
or improper conduct shall be made solely by the City, its
representatives or agents.
4 . That Paul C. Wagner agrees that he is solely
responsible for his on-site personal property, materials,
merchandise, foodstuffs, and liquids; that Paul C. wagner agrees
that he is solely responsible for payment and any other
obligations to any person, partnership, corporation, or other
entity from whom or which he purchases or obtains his materials,
merchandise, food and drink; and that Paul C. Wagner agrees to
indemnify and forever save and keep harmless the City and its
employees and agents from any damages, penalties, fines,
judgments, expenses, or charges, imposed, assessed, or incurred
in any way, occasioned by any actions or omissions of Paul C.
Wagner or his agents, employees, or with his suppliers, of
whatever type.
5. That Paul C. Wagner agrees that should the City, for
whatever reason, terminate this agreement, that Paul C. Wagner
shall, within 24 hours of such notice, cause to be removed from
the Menominee Park "Express Station" , any and all of his on-site
materials, including personal property and any merchandise.
6. This agreement shall begin on the date of its proper
execution and shall continue for a term of one (1) year,
terminating on December 31, 1988.
IN WITNESS WHEREOF, the parties hereunto set their hands
and seals this "4.4' day of April, 1988 .
:) 1
V_I vir ( -��� a.�� N.� (SEAL)
(Witness) /', Paul C. Wagner - Concessionaire
&ai R 1 ,t)
(Witness
I
CITY OF O KOSH
(Witness) William D. Frueh, City Manager
.l C h,( RO)rAnd: _ 4"LALe .; � . /L/yC 6; ,)
(Witness) U U Donna C. Serwas, City Clerk
APP OVED:
Warren P. KI-a , As . City Attorney