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HomeMy WebLinkAbout35218 / 88-373 NOVEMBER 1), 1988 # 373 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PORPOSE: APPROVE 1989 AGREEMENT/CATHOLIC CEMETERY ASSOCIATION INITIATED BY: DEPARTMENT OF PARKS BE IT RESOLVED by the Common Council of the City of Oshkosh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. r__.___.....___ I ".�. . . . ._�_ - —__'_ -- ' �� � (_'�__� '__"__"'_'_'__- � � -.�� // �L���C�L���c/C,. // - 23 - Res. #373 � A EMENT B H OF 0 AND THE CATHOLIC CEMETERY ASSOCIATION OF OSHKOSH WHEREAS� the Cathollc Cemetety Aesoclatlon oY Oshkosh presently owna and operates Calvary Cemetery and Riverside Catholic Cemetery, and WHEREAS, Ghe Catholic Cemetery Association of oshkosh deaires to have the City of Oshkosh assume maintenance of the cemeteries and also ielated dutles� and WHEREAS, The City of Oshkosh desires to assume tne maintenance and related dutiee of t�e a£orementioned cemeteries in return for a sonataty reimbursement. NOW, THEREFORE, IT IS HEAE6Y AGREE� between Ghe City of Oshkosh, a municipal corporation located in Winnebago County, Wisconsin, hereinafter called "City", and the Catholic Cemetery Association oE Oshkosh, Oshkosh� Wisconsinr hereinafter called "The Catholic Association", as Eollows: A. The City o£ Oshkosh agtees to piovide the following services on the aforementioned Calvary Cemetery and Aiverside Catholic Cemetery: , 1. Tuif maintenance commonly associated with a cemetery including cutting, sodding, irrlgation, weed conttol, and ttimming; 2. Snow removal on cemetery toads used for funeral services. 3. Locating, spotting, and establishinq the proper . locations for immediate Snternments and their corresponding mazkeza. 4. Labor for the repair of irrigation lines and valves. The cost o£ needed supplies and materials will be billed to the Cathollc Association. 5. Equipment and ielated ezpenses such ae gasoline, oil� and labor used in normal tvrf maintenance functions. 6. An office will be provided to the Catholic Cemetery Association, such to be approzlmately 9' x 12' and to be located in the building commonly teferred to as the Rivetside C�apel. Such of£ice - 23a - . � . Res. #373 - shall be provided with adequate heat, lights, and related utllitiea. ]. The Catholic Association may request the City o£ Os�kosh conduct internment servlces at Ghe approved rate schedule and that the City invoice the appropriate requestinq party, and the City of Oshkosh may agree to do same. The City of Oshkosh will now show� locate� or propose Snformation for lot sales or Eor similar purposes. H. The Cathollc Association will pay to the City of Oshkosh the 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 �epartment of Finance of the City o£ Oshkosh� to the Collection Department� City Hall, 215 Church Avenue� Oshkosh� Wisconsin. � C. The Catholic Association and the Directot of Parks of the City of Oshkosh or his desiqnee, will cooperate with each othec Sn the use� operation, secuiity, end hours of operation oi similar matters with regard to the cemeteries� in order to protect, saintain. and to secure the physical components located within the cemetery and to psovide proper service within the cemetety. Howeve[, the decision of the City of Oshkosh will be final whenever a conflict arises. The Catholic Association agreea to provide proper supervision of the o£fices to be rented by it and to use all reasonable e£forts 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. D. The Catholic Associatlon will be responsible for any and all cemetery related activities, including but not limited to� the selling of lots, publishing and advertising, and collection oY fees. The City will not Snvoice or collect any fees fot lot sales and other services ezcept in direct cozrelation with City eervices. The Catholic Association will be responslble for cemetery activities zelated to tree care� i.e., planting� removal� disposal of all wood� limbs� and leaves associated with the t[ees. This does not include fall leaf pick- up or the maintenance of physical facilities such as buildings and any other duties oz activities. - 23b - . ' Res. #373 � E. The catholic Cemetery Association of Oshkosh hereby releases the CS[y oP Oshkosh from all debts, claims, demands, and damages through an act of God or vandallsm. The Catholic Cemetery Assoclation of Oshkosh �agrees to hold the Clty of Oshkosh fsee and harmless from any claim for damages which may be made by reason o£ damages or injury to persons or property wnnected therewith. F. This agreement and its terms shall expire on �ecember 31� 1989. IN WITNESS WHEREOF� the paitners have hereunto set theii hands and seals thie day of � 1988. CATHOLIC CEMETERY ASSOCIATION OF OSHKOSH In the presence oE: 8Y: BY: In the presence of: CITY OF OSHROSH BY: BY: - 23c - c� 3 Z C� ➢ A .� � �G � -O In A � !D lD Z • � O 3 c+ 0 mz Q m < a o .. ro z m w .. z � v a �o w zan � �+ m oKO - v+ �o imo 0 n tn v t� a � io .-.� m az �V O] r+ lD �.�. .-.�p O 3 o m � � � �a � `..l o �