HomeMy WebLinkAbout34441 / 87-109 June 4� 1987 M 109 RESOLUTION
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE LENSE AGREEMENT - CLUB 13
INITIATED BY: PARKS DEPARTMENT
BE IT RESOLVED by the Common Council of the Lity of Oshkosh [hat the
attached Lease Agreement with Club 13 for concessions is hereby approved and
the proper City officials are hereby auihorized and directed to enter into same.
SURM�'fSEp BY "_'_. . .. ..... ._._�
LPYFO!...���°s�'C le� �"�'f. _
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Res. �1�9
� LEASE AGREEMEI�T
THIS AGAEEMENT� made and enteied into this
day of , lse>, by and between the cITS oF OSHROSH,
a municipal corporation located in Winnebago County, wisconsin,
hereinafter called the "C1Ty", party of the first part, and CLVB
1J, Oshkosh, Wisconsin, party of the second part, hereinafter
called "Lessee",
WITNE55£TH:
WHEREAS, the CSty desirea to let out ceitain concessions to
Lessee for the convenience of the public and in wpport of youth
proqrams,
NOW, THEREFORE, IT IS AGAEED by and between the patties as
follows:
1. Lessee shall have the ziqht to operate the concession
at the llghted softball field at Sawyet Street in the City o£
Oshkosh.
2. For this privileqe, Lessee agrees to publicly support
yo�th athletic programs and submit an annual report of income and
expensee pertaining to such programs to the city.
3. Aa a further consideration, Lessee promises that he
will take care of the diamond which includes:
a. Gurninq the lighte on and off,
b. placing and removing bases,
c. keeping the place looking neat and clean, and
d. o[hen work incidenGal to keeping the ball diamonds
in condition for actual play.
4. Lessee agnees to provide ample supervision of the
ptemises wheieip his concession is being uperated as veil a� of
�ls patrons and to uae all reaeonable ef£ort to prevent vandalism
or damaqe to City property, and aqrees to leave any premises
which he occvpies at the end of the term in good condiGion.
5. Lessee Eurther agrees to wrry general liability
insurance to insure against damaqe or injury to any person or
persons or to any property with the limits of such policy beinq
$500,000.00 for injury to persons and 5500,OOO.oO for damage to
property. The Lessee will include the City of Oshkosh as a co-
insured under the �erein described policy.
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Res. @].09
6. It ie further aqreed and understood that second party
is an independent contractor a�d not en employee oP the city of
Oshkosh and [hat s�ould second party employ one or more employees
he e�a11 obtain t�e neceaeazy Workmen's Compensation coverage,
even thovgh not an employer under de£SnStion of the Statute, and
file a copy of such Workmen'e Compensatlon Insurence Policy in
the office of the City Clerk and mainiain same in £ull £orce and
effect at all timee during the period of thie contract.
�. Second party ehall furnieh his own work quarters or a
portable concession stand and pay utility expense pertaining
thereto.
e. Lessee £urther agreee to hold the City of Oehkosh
haimless from any clalms� damaqes oi otherwlse, which may iesult
from CRe granting of the prlvileqe of operating said concession.
9. Thie agreement shall continue for a period commencing
on , 19B"l, and ending Oecember 31, 198�.
10. Thls lease shell be non-exclvaive and the City reserves
the right to schedule the ball diamond at any time it sees fit.
il. The Recreation Oirector of the Oshkosh Area School
District shall �ave total authority in scheduling events at the
Sout� Side Liqhted �iamond and he shall adopt policies for the
vse of said ball diamond. Said policies shall include, but not
be limited to the followinq: admission charges, use of other
concession facilities, amplification systems and suc� other
matters as the Recreation Dlrector in conjunction with the
�irector o£ Parks, deem necessary for the ef£icient operation of
the South Side Lighted �Samond.
12. Clcb 13, sha11 aUide by ell prccis.oas o: Sec.ion 15 c_
the Oshkosh Ptunicipal Code.
IN� WITNESS WHEREOF� the parties heieto have set their hancs
and seals the day and yeat first above written.
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� ' Res. 4109
In the P[eeence of: CLUB THIRTEEN
BY: ✓'
By�-.�—T�+�`��
�
CITY OF OSHKOSH
BY�
William D. Fiueh�
City Manager
By:
Donna 0. Serwas�
City Clerk
Approved as to form:
City Attorney�
CitY of Oshkosh
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