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Home My WebLink AboutPaul C. Wagner/Menominee Park Concessions AGREEMENT FOR MENOMINEE PARK FOOD/SODA/BEVERAGE CONCESSION THIS AGREEMENT, made and entered into this 8th day of December, 1989, 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/soda/beverage concession at the "Express Station" , in the. City of Oshkosh in return for the City receiving $3 , 200. 00 for 1990, $3 , 200. 00 for 1991, and $3 , 300. 00 for 1992 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 three (3) years, terminating on December 31, 1992 . IN WITNESS WHEREOF, the parties hereunto set their hands and seals this 8th day of December, 1989 . Pa'''''-2-d'�-2- C . (SEAL) (Witness) Paul C. Wagne Concessionaire (Witness) C- CITY OF OSH OSH X14sc ,,( BY l T (Witness) William D. Frueh, City Manager öo^�'u : P 1J And: ��i`1��2�� .✓ � /' � ( Witness { Donna C. Serwas, City Clerk APPRTED: j -\22). Warren P. Kraft, Asst. City Attorney CERTIFICATE OF INSURANCE ISSUE DATE: 03/05/9 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS COMBINED INSURANCE GROUP I NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 520 W GRAND AVE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO BOX 938 BELOIT WI I COMPANIES AFFORDING COVERAGE ZIP CODE 53511 COMPANY LETTER A ( INSURED COMPANY LETTER B d g@ I G Li SUNLITE ICE CREAM PARLOR (f'';.. . t' ,). . COMPANY LETTER C ji.6-P % WISCONSIN GENERAL - 6 1990} P.O. BOX 950 I COMPANY LETTER D OSHKOSH, WI ZIP CODE 54902 COMPANY LETTER E CITY CLERK'S OFFICE COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJEC TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. CO POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFF. DATE EXP. DATE ALL LIMITS IN THOUSANDS (GENERAL LIABILITY - AI (X) COMMERCIAL GENERAL LIABILITY 48-C 017971 09/01/89 09/01/90 1 GENERAL AGGREGATE $1000 I ( ) CLAIMS MADE (X) OCCURRENCE 44 PRODUCT-COMP/OPS AGGREGATE $1000 I ( ) OWNERS E CONTRACTORS PROTECTIVE I PERSONAL & ADVERTISING INJURY $1000 I ( ) I EACH OCCURRENCE $1000 I ( ) I FIRE DAMAGE (ANY ONE FIRE) $50 1 I MEDICAL EXPENSE (ANY ONE PERSON) $5 AUTOMOBILE LIABILITY A (X) ANY AUTO 48-C 017971 09/01/89 09/01/90 CSL $300 ( ) ALL OWNED AUTOS BODILY INJURY ( ) SCHEDULED AUTOS (PER PERSON) $ ) HIRED AUTOS BODILY INJURY ( ) NON-OWNED AUTOS (PER ACCIDENT) $ ( ) GARAGE LIABILITY DAMAGE $ I I I EACH IEXCESS LIABILITY OCCURRENCE AGGREGATE I ( ) UMBRELLA FORM ( ) OTHER THAN UMBRELLA FORM I 8 $ I I I STATUTORY Al WORKERS' COMPENSATION I WC48-C 017971 09/01/89 09/01/90 + $100 (EACH ACCIDENT) IEMFLOYEAS' LIABILITY I $500 (DISEASE POLICY LIMIT) I $100 (DISEASE-EACH EMPLOYEE) OTHER j I�I 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION BOYD KRAMER, PARKS DIRECTOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- id/ CITY OF OSHKOSH PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS 215 CHURCH AVENUE WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE. LEFT, BUT FAILURE OSHKOSH WI TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND ZIP' CODE 54901 UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I AUTHORIZED REPRESENTATIVE I DAVID WAGNER/WI GENERAL