HomeMy WebLinkAbout35645 / 89/404 December 7, 1989 #404 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE 1990 AGREEMENT/CATHOLIC CEMETERY ASSOCIATION
INITIATED BY: DEPARTMENT OF PARKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that
the attached Agreement between the City of Oshkosh and The Catholic
Cemetery Association of Oshkosh is hereby approved and the proper City
officials are directed and authorized to enter into same.
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� Res. #404
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 City of Oshkosh desires to assume the maintenance
and related duties of the aforementioned cemeteries in return for a
monetary reimbursement.
NOW, THEREFORE, IT IS HEREBY AGREED between the City of Oshkosh,
a municipal corporation located in Winnebago County, Wisconsin,
hereinafater called "City", and the Catholic Cemetery Association of
Oshkosh, Oshkosh, Wisconsin, hereinafter called "The Catholic Associa-
tion", as follows:
A. The City of Oshkosh agrees to provide the following services
on the aforementioned Calvary 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 loca-
tions 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.
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'• Res. #404
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'x12' 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.
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
may agree to do same. The City of Oshkosh will now show, locate, or
propose information for lot sales or for similar purposes.
B. The Catholic Association will pay to the City of Oshkosh the
amount of $25, 000. 00. Said payments to be made in quarterly install-
ments, 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.
C. The Catholic Association and the Director of Parks of the
City of Oshkosh or his designee, will cooperate with each other in the
use, operation, 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 by them at the end of the year
in good condition at the termination of the agreement.
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, �� Res. #404
D. The Catholic Association will be responsible for any and all
cemetery related activities, including but not limited to, the
selling of 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 Catho-
lic Association will be responsible for cemetery activities related to
tree care, i.e. , planting, removal, disposal of all wood, limbs, and
leaves associated with the trees. This does not include fall leaf
pick-up or the maintenance of physical 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 or damages or injury
to persons or property connected therewith.
F. This agreement and its terms shall expire on December 31,
1990.
IN WITNESS WHEREOF, the partners have hereunto set their hands
and seals this day of , 1989.
CATHOLIC CEMETERY ASSOCIATION OF OSHKOSH
In the presence of:
By:
By:
In the presence of: CITY OF OSHKOSH
By:
William D. Frueh, City Manager
And:
Donna C. Serwas, City Clerk
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