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December 6, 1990 # 90-453 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE 1991-95 AGREEMENT/
CATHOLIC CEMETERY ASSOCIATION
INITIATED BY: DEPARTMENT OF PARKS
BE IT RESOLVED by the Commoun Council fo the City of Oshkosh
that the attached Agreement between the City of Oshkosh and The
Catholic Cemetery Association is approved and the proper City
officials are authorized and directed to enter into same.
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" Res 90-453
R E V I S E D
AGREEMENT BETWEEN THE CITY OF OSHKOSH
AND
THE CATHOLIC CEMETERY ASSOCIATION OF OSHKOSH
WHEREAS, the Catholic Cemetery Association of Oshkosh
presently owns and operates Calvary Cemetery and Riverside
Catholic Cemetery, and
WHEREAS, the Catholic Cemetery Association of Oshkosh
desires to have the City of Oshkosh assume maintenance of the
cemeteries and also related duties, and
WHEREAS, the Cit� of Oshkosh desires to assume the
maintenance and related duties of the aforementioned cemeteries
in return for a monetary reimhursement.
NOW, THEREFORE, IT IS HEREBY AGREED between the City of
Oshkosh, a municipal corporation located in Winnebago County,
Wisconsin, hereinafter called "City" , and the Catholic Cemetery
Association of Oshkosh, Oshkosh, Wisconsin, hereinafter called
"The Catholic Association", as follows:
A. The City of Oshkosh agrees to provide the following
services on the aforementioned Calvery Cemetery and Riverside
Catholic Cemetery:
1. Turf maintenance commonly associated with a
cemetery including cutting, sodding, irrigation,
weed control, and trimming;
2 . Snow removal on cemetery roads used for funeral
services.
3 . Locating, spotting, and establishing the proper
locations for immediate internments and their
corresponding markers.
4. Labor for the repair of irrigation lines and
valves. The cost of needed supplies and
materials will be billed to the Catholic
Association.
5. Equipment and related expenses such as gasoline,
oil, and labor used in normal turf maintenance
functions.
6. An office will be provided to the Catholic
Cemetery Association, such to be approximately 9 '
X 12 ' and to be located in the building commonly
referred to as the Riverside Chapel. Such office
shall be provided with adequate heat, lights, and
related utilities.
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+ ` Res 90-453
R E V I S E D
7. The Catholic Association may request the City of
Oshkosh conduct internment services at the
approved rate schedule and that the City invoice
the appropriate requesting party, and the City of
Oshkosh ma� agree to do same. The City of
Oshkosh will not show, locate, or propose
information for lot sales or for similar
purposes.
B. The Catholic Association will pay to the City of
Oshkosh the annual amount of $25, 000. 00. Said payments to be
made in quarterly installments, payable by the 15th day of the
months deemed to be appropriate by the Department of Finance of
the City of Oshkosh, to the Collection Department, City Hall, 215
Church Avenue, Oshkosh, Wisconsin. In the event of a change of
the maintenance charge, the amount will be negotiated prior to
October 1st of each year. If the amount cannot be negotiated
within this period the remainder of the lease shall be null and
void.
C. The Catholic Association and the Director of Parks
of the City of Oshkosh or his desi�nee, will cooperate with each
other in the use, o�eration, security, and hours of operation or
similar matters with regard to the cemeteries, in order to
protect, maintain, and to secure the physical components located
within the cemetery and to provide proper service within the
cemetery. However, the decision of the City of Oshkosh will be
final whenever a conflict arises. The Catholic Association
agrees to provide proper supervision of the offices to be rented
by it and to use all reasonable efforts to prevent vandalism or
damage to City property, and the Association agrees to leave any
premises occupied b� them at the end of the year in good
condition at the termination of the agreement.
D. The Catholic Association will be responsible for any
and all cemetery related activities, including but not limited
to, the sellling lots, publishing and advertising, and collection
of fees. The City will not invoice or collect any fees for lot
sales and other services except in direct correlation with City
services. The Catholic Association will be responsible for
cemetery activities related to tree care, i.e. , planting,
removal, disposal of all wood, limbs, and leaves associated with
trees. This does not include fall leai pick-up or the
maintenance of ph�sical facilities such as buildings and any
other duties or activities.
E. The Catholic Cemetery Association of Oshkosh hereby
releases the City of Oshkosh from all debts, claims, demands, and
damages through an act of God or vandalism. The Catholic
Cemetery Association of Oshkosh agrees to hold the City of
Oshkosh free and harmless from any claim for damages which may be
made by reason of damages or injury to persons or property
connected therewith.
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R E V I S E D Res 90-453
F. The Catholic Cemetery Association must give written
notice on or before 60 days before the end of the calendar year
if the Association wishes not to renew. The Association shall
vacate the premises immediately upon the expiration of the lease
and the City shall in the event of the Association's failure to
timely vacate the premises, remove the Association' s property and
store such property with such expenses chargeable to the
Association. The City, likewise, shall give 60 days notice prior
to termination.
G. Direct contact regarding renewal matters shall be
made in writing and be addressed to City of Oshkosh, attention
Park Director's office, P.O. Box 1130, Oshkosh, WI 54902 .
H. This agreement and its terms shall continue for a
period of five years unless canceled by either party according to
paragraph F.
IN WITNESS WHEREOF, the partners have hereunto set their
hands and seals this day of ,
CATHOLIC CEMETERY ASSOCIATION OF OSHKOSH
In the presence of:
BY:
BY:
In the presence of: CITY OF OSHKOSH
BY:
BY:
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