HomeMy WebLinkAboutWaterfest/Parking lots �
CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX: (920)236-5106
LETTER OF TRANSMITTAL
To: John Casper Date: April 17, 2015
Chamber of Commerce Pro�ect: N/A
120 Jackson Street From: Carol Marchant, Adm. Assistant
Oshkosh, WI 54901 Re: Agreement between City of Oshkosh
Attn: &Waterfest
Please find: � Attached ❑ Under Separate Cover
❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantit Descri tion
1 Ori inal si n co of A reement for Parkin Ri hts Riverside Parkin Lots
between the Cit of Oshkosh and WaterFest
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment
Remarks:
cc: City Clerk (original)
Transportation Dept. (copy)
City Attorney (copy)
i
AGREEMENT FOR PARKING RIGHTS RIVERSIDE PARKING LOTS
This Agreemen# is made by and between the City of Oshkosh {Ci#y) and Waterfest
(Wate�fest), for good and valuable consideration, and governs Waterfest's temporary,
limited use of one or more spaces in one or more municipal parking lots.
1. Waterfest has requested to use the following space(s) in the following municipal
parking lot(s) for the dates and times identifiied below for parking purposes related
to their event:
Riverside Park Parking Lot, marked public parking spaces
The Cify of Oshkosh plans to reconsfrucf a portion of the Riverside Park Parking Lot.
Reconstrucfron of the lof is scheduled fa be completed prior fo fhe dates requesfed by
Waterfest, however, Waterfest expressly agrees fhat it has been made aware of the
reconstruction projecf and that alfhough the Cify believes fhat fhs project will be
complefe on or before the dates requested, the City of Oshkosh does not guarantee
completion of fhe pro�ect prior fo the dates scheduled for Waferfest's event and does
not guarantee and shall not be held liable for any loss relating fo the availability of the
Riverside Park Parking Lot for Waferfest's events. Waterfest agrees that this
agreement is subject to the completion of the parking lot reconstruction project and thaf
in the event that al! or a portion of the Riverside Park Parking Lot is unavailable agrees
thaf Waterfest will work with the City of Oshkosh and the Operators of the Oshkosh
Convention Center fo facrlitate event parking elsewhere rn the area for the Waterfest
event.
2. Waterfest's license to use marked space{s) in the public parking lot(s) which are
the subject of this Agreement will be valid during the following time period{s}:
June 18, 25
July 9, 16, 30
Augus# 6, 7, 13, 20, 27 �
Use of the Riverside Park Lat will be from 5 p.m. to 11 p.m.
3. During the period in which the license is in effect, Waterfest is allowed to close off
a portion of the Riverside Park Parking Lot to the gerreral public.
4. WaterFest shall be allowed to collect and retain ali revenues f�om parking activity
within the parking Iot(s) during its license period, at their discretion.
5. Waterfest certifies that the parking lot(s} and marked parking spaces subject to
their license will be used for typical parking lot purposes during the periods of
#hese reservations.
6. The use of the lot by Waterfest and those attending or wishing to attend the
Waterfest event must otherwise be consistent with the City's Municipal Code.
•
7. Waterfest agrees to accept the municipal parking lot(s} and parking spaces, and
the condition of this parking lot and spaces, on an as-is basis each day their
license is in effect. The City makes no representations or warranties to Waterfest
regarding the condition of the property subject to this license, or its fitness for any
particular purpose.
8. At the conclusion of each license period, Waterfest shall return the parking lat and
parking spaces to the same condition as before the license period came into effect,
normal wear and tear excepted. Wa#erfest shall pay the City for observable and/or
measurable damage caused to the parking lot(s) which is not consistent with
typical parking lot usage ar would otherwise be considered normal wear and tear,
Water#est shall remove at the conclusion of each license period all temporary
fence, barrier, post, sign or any such item tha# was installed for any purpose.
Waterfest shall repair any holes, gouges, fracks, or other damage resulting from
#heir use of the parking iot and parking spaces.
9. Wa#erfest is solely responsible for claims and damages which accur at the parking
lot and parking spaces during any of its license period. Waterfest agrees to hoid
the City harmless for al( claims, actions, and damages by anyone related to use of
the parking !ot and parking spaces during the term of any license periad.
10. Nothing in this Agreement or related sub-Agreements are intended as a waiver of
the City's right or opportunity to rely upon the municipal (imitations and immunities
contained within Wisconsin law. Municipal immunities and limitations include, but
are not iimited to, Sections 345.0�, 893.80, and 893.83, Wisconsin Statutes. Such
damage limits, caps, and immunities are intended to be preserved and are
incorporated into this agreement and shall govern a!I disputes, contraetual or
otherwise, as they apply to the municipality and its agents, officers, and
emplayees.
The parties have executed this Agreement as of the �� day of ✓'%�
` , 2015.
CITY OF OSHKOSH ._, CiTY OF OSHKOSH
� . " �
, /C�•--����%Z�C�
By: _ .�l.il�J}�-' By•
Pamela R. Ubrig Mar A. Rohloff
City Clerk City Manager
APPR V AS FO M: APPLICANT
By. By:
Lynn . Lore �
City Attorney Name:�G k� �CGs��"
Tftl@: ��<<i'►T-K Y�r� �w.�Ga�,C�