HomeMy WebLinkAboutClub 13/Southside Lighted LEASE AGREEMENT
THIS AGREEMENT, made and entered into this 5th
day of June , 1987, by and between the CITY OF OSHKOSH,
a municipal corporation located in Winnebago County, Wisconsin,
hereinafter called the "City" , party of the first part, and CLUB
13 , Oshkosh, Wisconsin, party of the second part, hereinafter
called "Lessee",
WITNESSETH:
WHEREAS, the City desires to let out certain concessions to
Lessee for the convenience of the public and in support of youth
programs,
NOW, THEREFORE, IT IS AGREED by and between the parties as
follows:
1. Lessee shall have the right to operate the concession
at the lighted softball field at Sawyer Street in the City of
Oshkosh.
2 . For this privilege, Lessee agrees to publicly support
youth athletic programs and submit an annual report of income and
expenses pertaining to such programs to the City.
3 . As a further consideration, Lessee promises that he
will take care of the diamond which includes:
a. turning the lights on and off,
b. placing and removing bases,
c. keeping the place looking neat and clean, and
d. other work incidental to keeping the ball diamonds
in condition for actual play.
4 . Lessee agrees to provide ample supervision of the
premises wherein his concession is being operated as well as of
his patrons and to use all reasonable effort to prevent vandalism
or damage to City property, and agrees to leave any premises
which he occupies at the end of the term in good condition.
5. Lessee further agrees to carry general liability
insurance to insure against damage or injury to any person or
persons or to any property with the limits of such policy being
$500, 000. 00 for injury to persons and $500, 000. 00 for damage to
property. The Lessee will include the City of Oshkosh as a co-
insured under the herein described policy.
6. It is further agreed and understood that second party
is an independent contractor and not an employee of the City of
Oshkosh and that should second party employ one or more employees
he shall obtain the necessary Workmen' s Compensation coverage,
even though not an employer under definition of the Statute, and
file a copy of such Workmen' s Compensation Insurance Policy in
the office of the City Clerk and maintain same in full force and
effect at all times during the period of this contract.
7 . Second party shall furnish his own work quarters or a
portable concession stand and pay utility expense pertaining
thereto.
8 . Lessee further agrees to hold the City of Oshkosh
harmless from any claims, damages or otherwise, which may result
from the granting of the privilege of operating said concession.
9 . This agreement shall continue for a period commencing
on May 1 , 1987 , and ending December 31, 1987 .
10. This lease shall be non-exclusive and the City reserves
the right to schedule the ball diamond at any time it sees fit.
11. The Recreation Director of the Oshkosh Area School
District shall have total authority in scheduling events at the
South Side Lighted Diamond and he shall adopt policies for the
use of said ball diamond. Said policies shall include, but not
be limited to the following: admission charges, use of other
concession facilities, amplification systems and such other
matters as the Recreation Director in conjunction with the
Director of Parks, deem necessary for the efficient operation of
the South Side Lighted Diamond.
12 . Club 13 , shall abide by all provisions of Section 19 of
the Oshkosh Municipal Code.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
In the Presence of: CLUB THIRTEEN
lr fi.
By: !/L
By: r'.
CITY OF OSHKOSH
By: ;/-e .4,/,----, k-.44e/1--,
William D. Frueh,
City Manager
By: AN di / d . .4 �. . ' 1
Donna C. Serwas,
City Clerk
Ap• . oved a to form:
11111 JJ
City Attorn-y,
City of Oshkosh