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HomeMy WebLinkAbout34662 / 87-353 November 19, 1937 # 353 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PUAPOSE: APPROVE SUPPLEMENTAL PARKING AGREEMENT INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the the attached amendment to the agreement between the City of Oshkosh and Oshkosh Centre Hotel Venture pertaining to parking at the hotel structure and titled Supplemental Parking Agreement is hereby approved and the proper City officials are herebp authorized and directed to enter into same. SUB4IPTED BY � , n . '. .:''....i i '.. �3 . '.::._.. �raotiLn - - 13 - Res. #353 SUPPLEMENTAL PARKING AGREEMENT � WHEREAS, the City of Oshkosh and Oshkosh Centre Hotel Venture entered into a Parking Agreement dated the 27th day of December, 1984 , and WHEREAS , Exhibit B to the Parking Agreement provided for operating procedures for the parking structure and permitted � a change in operations at the option of OCHV, and WHEREAS, the parties have agreed upon a change in the method of operation of the parking structure, NOW, THEREFORE, IT IS AGREED that Exhibit B to the Parking Aareement shall be revised to read as set forth in the attached form. Dated this � day of November, 1987. CITY OF OSHKOSH, A MUNICIPAL CORPORATION By City Dfanager Attest City Clerk OSHROSH CENTRE HOTEL VENTURE, A JOINT VENTURE BY � �� -13a - Res. #353 EXHIBIT B PROCEDURES BY WHICH CITY SHALL OPERATED THE PARKING STRUCTURE During the term of the Agreement to which this Exhibit is attached, including the term of the sub-lease of the premises from OCHV to the City, the City shall operate the Parking Structure in accordance with the following terms : (1) OCHV at its own expense wi11 install token/coin operated entrance/exit gates by which to control access to the Parking Structure . Notwithstanding that the City otherwise is responsible for repair and maintenance of the Parking Structure, OCHV wi11 be responsible at its sole cost for maintaining such gate equipment_ (2) The City will remove the parking meters originally installed in the Parking Structure. The cost o£ removing said meters will be borne by OCHV and shall be payable to the City upon demand after the work has been completed. ( 3) The City shall purchase tokens required for operation of the parking gates and shall provide to OCHV such quantity of such tokens as OCHV may from time to time request. OCHV agreed that such tokens shall be provided solely to its patrons and shall not be sold or made available to the general public. (4) OCHV shall not pay for individual tokens . As full payment for all tokens obtained by OCHV, OCHV sha11 pay - 13b - Res. #353 to the City an amount equal to 64 cents for each day for each room that is occupied in the Hotel. Within 15 days after the � end of each month, OCHV shall provide to the City an accounting � of the number of rooms occupied during each day of the pre- ceding month and shall pay to the City the charges required hereunder. (5) The City will collect tokens and cash from the parking gate machines on a periodic basis as necessary, (6) For persons who do not have tokens, the parking gates shall permit exit from the Parking Structure upon payment of ��.�.�-��--�ww, M amoun[ [o be determined be[ween the City and OCHV. ' IV (7) It is anticipated that on occasion a patron of the Hotel who is entitled to a parking token may not have a token available and may pay cash to exit the Parking Structure. If such a patron makes a claim to the Hotel for reimbursement, the Hotel will determine whether the claim is justified and whether to reimburse the patron. If the Hotel reimburses the patron, the Hotel may claim reimbursement from the City for tne payment. The City will reimburse the Hotel provided the City is satisfied that the claim is justified and that the payment was made by the Hotel . (8) The cash rate for parking in the Parking Structure may be adjusted by mutual agreement of the parties from time to time. The parties agree that the cash rate shall be established at a level intended to discourage long-term parking by members o£ the public other than patrons o£ the Hotel . To accomplish 'Z- - 13c - Res. #353 this purpose the cash rate shall generally be higher than the � rate available for other full-day parking in the area of the Parking Structure . � � (9) The rate which OCHV pays to the City for parking tokens may be adjusted from time to time by the City upon at least 60 days written notice to OCHV and the operator of the Hotel; provided, however, that the formula for basing the rate upon 808 of the room occupancy of the Hotel shall not be changed without mutual agreement of the parties and, provided £urther, that the applicable daily rate to which the formula is applied shall not exceed the lesser of 8 times the hourly rate of parking which is generally available at other metered parking areas in the City of Oshkosh or 28 of the average daily room rent of the Hotel . (10) In the event that OCHV at its sole option, determines that a different system for operation of the Parking Structure would be more beneficial to operation of the Hotel, OCHV may designate a new system for operation of the Parking Structure and City agrees to implement such a system, provided that OCHV shall be required to pay for the expense of altering the Parking Structure to accomodate the new system and install- ing any new fixtures required by the system. The City shall not have any right to materially change the operation of the Parking Structure or to change the rates which it charges for tokens or for cash parking except as specified in paragraph 9 above. -3- - i3a - � 3 z aa � a o o � o m .v -I < Za .TJ � N N � • �+O � (D O T Z Q � < Yk O.. N N lD � S � W � a �+v, v, a o -� � w �c o io 0 ro v - � /�� N -i ^ W .. ry � � � � N �J V � �h � � d Z F �