HomeMy WebLinkAbout33846 / 86-21April 3, 1986
(CARRIED LOST
# `L1 RESOLUTION
LAID OVER WITHDIZAWN )
PURPOSE: ADOPT RENTAL RATES AND APPROVE LliASE FORM --
OSHKOSH CENTRE
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the attached schedule of rental rates for the Oshkosh Centre is
hereby approved and shall be implemented effective immediately.
BE IT FURTHER RESOLVED by the Common Council of the City of
Oshkosh that the attached form Lease Agreement is hereby approved
and the proper City officials are hereby authorized to use same
with regard to lease of the Oshkosh Centre .
{ SUB'�ITTED BY
� APPROVED /jG�fit�e'Dt[ �//•�-L[.t�� �
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Resol. #Zi
OSNKOSH CEN7RE
DAILY RENTAL RATES
Mah.ch 25, 1986
CLASS A CLASS B
ROUM/SPACE (NON CUMMERCIAL) (CUMb{ERCIALI
En.ti�ce Faci_Zi.ty
Exh.i.6.i,t Hn.ZGe
Rega,tta A E B
N. ExGu,bi,t Ha.P.P on
S. �x1u:b.i.t Ha.P.e
Rega.ttcc A on B
Each Room:
Ca.tama�an
Sp.i.nnakeh.
T�cada_windb
CZippe�c
Rc:v vu,ua.tch
Mah.i ne�c
Cor,imodoae
Boa,ad Room
(Ua.ekuJay
DEFINITIUNS:
1000
800
725
475
400
100
125
50
150
1200
]000
900
600
500
125
150
15
150
C2a�s A Nen-commenc.Cu.2 ever�ta auch as conven.ti.orvs, mee,tinga, educationaY
aemincv�,e, �✓c.i.va.te Scod anct 6evehage 5unctien�. IMay have .�n$or�mcc.tiona.e
eYh,ibi,ta .in conjunc,t.ion wi.th even.t)
C�aaa B Comme�cei,a,2 ever�ta aueh aa .t�cade ahecua, eo�zee�t,t�s, pube,i.c bood and
beveh.age 6une.ii.one. (Admi.aa�.on even,t� o,t whehe cLeep2aya cue eet
and ae,2.Y.ing .tafzea pPnce. )
CUNDITIUNS:
1. Dev�a,teo��s brtOm da.iYy h21^�L2C ha,tE6 may 6e made 6y Cei�.t�ce D.iheeton 6y a2Y on �tt
os .the amount os ant.ic,£pa,ted cortee6e.�on �.ncome .to .tlie C.i,t�.
2. Dev�a..tien �nom da.i.P� nen,ta2 �ea,tea may 6e made by .the Ce,2t�ce D-veee.tun o5 up .to
25a pnov.ided a n.epon.t 6e �.i.Yed u:i.th .the C-i.t� Manage2's o66tice afiowiiig �ne pubZic
.��Ltene.�t 6ehved by auch dev�a.t.ion.
3. Dev�atioii bhom da�Qy he�it2P �.tes may 6e made b� .the Ce�i��e D.i,acc.to-t u� up .to 350
pnuvtided .tf�e neeehva.tLo�i .i�s made �eee .tluui one mo�it{i brccm .t{ie da.te o6 �tl�e eve�it.
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• t �. �a •�
a� • ia ��a
Resol. #21
Service/EquiFment Per DaY
Electrical Hookup (See Application for Electrical Hookup)
Extension Cords (One included w/Fiookup) <. each adclitional SS
I,ecturn (One included w/Rental) _. o. a e each additional $10
Microphones (One ir.cluded w/Rental) .... each additional $10
Spotlight quartz and labor (4 hr. mirLiimun) $25 + S10/hr
Special lighting (labor for setup & focus)(1 hr. muuimmm) $10/hr
Stage (6' X 8' plates) SS/ea
Chairs (In addition to tlwse included in initial setup) S1/ea
Tables $5/ea
Telephone (Show Phone) $15
Telephone (bchibitnr)
Easels
Ease1 w/paper
C.`,alkboa�l/Corkboard
• . �.,
Rubbish RFmoval (30 yd. container)
Additional Frniigrent Available
Projection equipn�nt - screen/overhead
�i1L��i^�i '.�.
Sl(3175
Draping & Table skirting
FYeight storage & foraarding
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(Thru Wis. Be11)
$2
$5
$2
$25
$100
Prices on Request
n n
u u
(Badger Exnosition - 276-8757)
(Badges �osition - 276-8757)
�Oahko.�h Cenire
�'""'. """�"" "" ` LEASE P.GREEMENT RESOl. #'ll
- . ,�, .,�.,n �.� . , .,.,
� THIS INDENTURE, Made and entered into this day of
ai�z;r,.=ipo 19 , by and between the Oshkosh Centre/Grand Opera House of the City of
Oshkosh, a Wisconsin municipality, and hereinafter called the "LESSOR",
and
nereinafter called the "LESSEE,"
WITNESSETH:
� That in consideration of the covenants and agreements herein
expressed and of the faithful performance by tne LESSEE of all such
covenants and agreements, the LESSOR does hereby demise and lease unto
the LESSEE and the LESSEE does hereby rent anc take as LESSEE the
O/1-!KO�N
CC.���� of the Osnkosh Ce�trejGrand Opera House hereir.after re£errod to as
� L' .. "BUZLDIC.G", in the Cit�,� of Osnkosn Lsisc� �
....... . , �nsin, to be used on�y and
exclusively for the purnoses of
DAVID F. HOLSCHER
e.ec�u�e o��,recor and for no other purpose whatsover witnout tre written con<_ent of LESSOR
endorsed on this lease, for the tc-r^i of
com�nencing a*_ o'clock .M. on , tne
day oi , 19_, and terminzting at o'clock
_.M. on , the day o£ , 19
The LESSOR hereby agrees:
To permit' the said LESSEE, upon the £aic:�f�.:l oer£ormance of the ter:as of this lease, to
have, hold and enjey peaceably and quietly the use of said premises £cr the purpose and for the
term aforesaid:
All electrical connections and other technical services to be provided by labor approved
soley by LESSOR. Exnense for same responsibility of LESSEE.
Equipment rentals and electrical requirements at the prevailing rate.
�LESSEE shall not allow any live television, radio or ��ideo trans^:ission or broadcast of.its
event £rom Oshkosh Centre/Grand Opera House without first obtaining t:^e LESSOR'S written consent
to do so.
A. Rentals and Payments
The LESSEE hereby covenants and aqrees:
1. To pay to said LESSOR, at its office in sai3 building, fcr t:e use of said premises,
the sum of
i7ollars ($ ) to be paid as follows:
(50�- Base Rent) $ on or before tne execution and cielivery ei t::is instrument,
receipt whereo£ is hereby acicnowledaed and (Balance of 8ase Rent) $ on or before
o'clock, .hl. on the day of , 19 Or pay $
ef the total sales minus State Tax, should the °., figure be larger than the rental
figure of $ All remaining monies due the LESSOR shall be paid immediately
following the receipt o£ final billir.g invoice. �
2. To pay to LESSOF on demand any sum which may be for additional labor, service, equip-
ment, accommodations or material furr.ished, loaned, or arranged for by i,ESSOR, but LESSOF inay
require written orders of LESSEE or its authorized representative for any such service,
accommodations or materials. Such written notice shall be at t.?�e election of LESSOF.
3. To pay all sum or sums when due in lawful money of the United States of America, or by
certified check at the Oshkosh Centre/Grand Opera House office, and a.^.y unpaid amounts shall be
a lien on the bex-office receipts of I.ESSEE and L,ESSEE agrees that uFon notice of such lien,
LESSEE shall no longer have control or possession thereof until the unoaid amount is fully
discharged with interest at the legal rate.
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_ 4. To quit
same conditions as
only excepted.
Resol. �'G1
and surrender up the demised premises to LESSOR at t:.e end o£ the term in the
at the date of the commencement of this lease, ordinary use and wear thereof
B. Per£ormance, Enforcement and Remedies
1. In case the said Buildinq or any part thereof shall be destroyed or damaged by fire or
any other cause, or if any other casualty, strike or other unforeseen occurrence shall render the
fulfillment of this lease by the LESSOR impossible, then and thereupon this lease shall
terminate and LESSEE sha11 pay rental for said premises only up to the time of such termination,
at the rate herein speciiied, and LESSEE hereby waives any claim £or damages or compensation
shoul3 this lease be so terminated.
2. LESSEE covenants, that i£ any default is made in the payment of the rent or any part
rhereof at the times above specified, or if any default is made in tne covenants or agreements
herein contained, this lease, at the option of LESSOR, shall cease ar.d terminate and LESSOR may,
but sha11 not be required to lease the premises to others and LESS"EE =:�a11, notwithstanding such
termination, pay the full amount of said rental, less any amoun�s resli�ed by LESSOR from others.
3. LESSEE agrees to pay attorney's fees and all costs on any part of =aid rental or service
charge that may be collected by suit or by arterney after same is past due.
4. LESSOR reserves the right to remove fro� the buildinq all eifects remaining in building
after time specified ac expense ef LESSEE or to char9e ior time after date specified on any
propert� remaining in buildir.g, at the same rental whicn LSSSOR would secure for said space
during said term.
5. In the event that LESSEE shall cancel the lease or fail to occupy the premises at the
time specified,�the initial payment snall be forfeited to LESSOR as liquidated damages.
C. Responsibilities and Liabilities
1. iE55EE aQrees to so conducc its activities upon the premise=_ so as not to endanger any
person lawfully thereon ar.d to indemnify and save harmless LESSOR and th2 City o£ Oshkosh against
any and all claims for ir.jury to person or property (includina claims of employes of LESSEE or
of anI contractor or subcontractor) arising out of the activities conducted by LESSEE, its aqents,
members or guests. In tre event LESSCR requests insurance coveraae to protect LESSGA, LESSEE wil'>
provide it in the manner requested bv LESSOR at LESSEE'S cost.
2. Zf the premises or any porticn of the building during the term of this lease shall be
damaqed (otherwise than by causes ordinarily covered by fire and extended coverage insurance),
by the act, derault or negligence of LESSEE, or of LESSEE'S agents, emnloyes, patrons, guests,
or a�y person admitted to said premises by LESSEE, LESSEE will pay to LESSOR upon demand such
sum as shall be necessasy to restore said premises to their present condition. The LESSEE
hereby assur.�es full responsibility for the character, acts and conduc`_ of all persons admited to
the premises or to ary portion of said building by the cor.sent of LESSEE, or by or with the
consen� of any person actina or in benalf of LESSEE, and LES�EE agrees to have on hand at all
times sufficieat 6onded and insured s2curity su£ficient to maintain order and protect persons anu
and prooerty, as determined by LESSOR. �
3. LESSOR reserves the right to eject ar.y objectionable person or persons from said build-
ing and upon trie exercise of this authority through the management, agents or policemen, LESS"EE
hereby waives any right and all claim for damages.
4. LESSEE shall not do or permit to be done anything in or upon any portion of the premises
or bring or keep anything herein or thereupon �ahich will in any way conilict with the conditions
of any insurance policq upen the building or any part thereo£, or in any way increase any rate
of insurance upon the building or on property kept therein.
5. LESSEE shall not, without the written consent of LESSOR, put up or operate any engine
or motor or machinery on the premises er use eils, burning fluids, campnene, kerosene, naptha or
gasoline for either mechnical or other purposes or any agent other than gas or electricity for
illuminatinq the premises.
6. LESSOF shallno� be responsible for any dama9e or injury that may happen to LESSEE or to
LESSEB'S agents, servants, employes or property from any cause whatever prior, during or
subsequent to the period covered by this lease; and the said LESSEE hereby expressly releases
said LESSOR from and agrees to indemnify it against any and all claims for such loss, damage or
injury.
('-)
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Resoi. #21
� 7. In the handling, control, custody and keepinq of receipts and funds, whether the same
.are received through the box of`ice or otherwise, L�SSOR is acting solely for the accommodation
and the sole beneTit of LESSEE and that as to such receipts and funds LESSOR shall be responsible
only for gross neglect or bad faith_
8. LESSEE assumes all costs arising from the use of patented, trademarked or copyrighted
materials, eq�iQment, devices, processes or dramatic rights used in the conduct of said events
and agrees to indemnify and hold harmless LESSCR from all damage, costs and expenses on account
of the use o£ any such materials, equipment, devices, processes or dramatic rights of LESSEE
or its agents, performers and exhibitors. LESSEE aqrees to pay all royalties, license fees and
other charges accruing or becoming due by reason of any music, live or recorded, or other
entertainment of any kind played, staqed or produced by LESSEE, its aqents, emQloyes or licensees
upon tne leased premises.
P. Use and Operation
LESSOR will furnish at its own expense:
a) adequate heating in the demised premises when required by the season and for the
use of said premises Eor the purpose aforesaid; also air conditioninq in season; during show
times er otherwi=e at sole discretion of LESSOR:
b) light for ordinary use, for said premises when required in tne opinion of the
management for the purposz aforesaid;
c) waLer from the City of Oshkosh Water Utility by means of the appliances installed
for ordinary toilet or janitorial purposes, but for no other purposes:
d) ordinary cleaning, sucn as is made necessary on account of the public, and to keep
the premises in�a clean and sanitary condition. '
1. LESSEE will a�ide by and conform to all rules and reaulations from time to time adeoted
or prescribed by iES50R ior tne government and management of said 8uilding. The demised premises
and the kevs thereof s;al1 at all times be under the charge and control of the management.
LESSEE shail not permit tne premises to be used for lodging rooms or for any improper, immoral
or objectionabl= purpose, and will sublet to exhibitors such soace hereby leased only for the
purpose of this main lease, every such purpose of subletting to be subject to the absolute
discretion and aoorova'_ of the management whose decision cn such que=tions 5ha11 be final.
LESSEE wi11 not in an� �aay obstruct or interfere with the rights ef otrer tenants in said
buildinq or injure or annoy them.
2. LESSEE will comply with all laws o£ the United States and of the State of Wisconsin,
all ordinances of the City of Oshkosh, and all rules and requirements of the police and fire
departments or other municipal authorities of the City of Oshkosh and wi11 obtain and paV for
all necessary permits and licenses, and will not do nor suffer to be done anything on said
premises durirg the �erm of this lease in violation of any such laws, ordinances, rules or
r°auirements, and if the attention of LESSEE is ca11e3 to any sucn violation on trie part of
LESSEE or of any person employed by or admitted to the said premises by LESSEE, LESScE will
immediately desist from or correct such violation.
3. LESSEE will not allow food or beverages of any kind to be sold, given away, or used
upon said premises without *_he special written permission of LESSOR.
4. LESSEE agrees to cause said demised premises as far as relates to exhibitors to be kept
clean and generally cared for during said term, subject to the generai supervisory control and
approval of the manaqemezt and on default of LESSEE, in whole or in part performance of this
covenant, LESSEE agrees to permit LESSOR, at LES5EE'S ekpense, to do the said cleaning. LESSEE
shall not permit anythir.g to be thrown out of the windows or doors, or into the passages, courts,
areas or skyliqhts of the building.
S. LESSEE shall not injure, mar, or in any manner deface the premises or cause or permit
the same to be done; and will not drive or permit to be driven nails, hooks, tacks or screws into
any part of the building and will not make nor allow to be made any alterations of any kind
therein.
6. LESSEE will r,ot distribute, post, or exhibit or allow to be distributed, posted or
exhibited signs, advertisements, show-bills, lithoqraphs, posters, cards or stickers of any
description inside or in front or on any part of the building escept upon the regular bill-boards
provided by LESSOR therefor, and then only such as relate to the per£ermance or exhibition to be
given in the pre�mises. LESSEE shall take down and remove forthwith all siqns, advertisements,
show-bills, lithograpiis, posters, cards or stickers o£ anf descriptier. objected to by ttte
management.
(3)
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Resol. #Gl
.� 7. LESSEE will not allow any helium-filled balloons o= inflatables to be sold ot qiven
�way on premises nor allow such devices to be used for displays or decoration.
8, LESSEE shall not admit to said preIDises a largez number of persons than can saiely and
freely move about in said rented areas and the decision of the management in this respect shall
be final_ LESSEE will permit no chair or movable seat to be or remain in the passageways and will
keep passageways clear at a11 times. No portion of the sidewalks, entries, passages, vestibules,
hall, elevators or stairways or access to public utiliCies of such building shall be obstructed
by LESSEE or used for any purpose other than for ingress to and from tne demised premises- The
doors, skylights, stairways, or openings that reflect or admiC light into any place in the
building, and radiators and house lighting attachments shall not be covere3 or obstructed by
LESSEE. The water closets or other water apparatus shall not be used for any purpose other than
that for whicn they were constructed, and no sweepings, rubbish, rags, papers or other substances
sha11 be thrown therein. P.ny damage resultinq to them from misuse of any nature or character
whatever shall be paid for by LESSEE.
9. LESSOR and its assiqns rese°ue the sole riqnt to se11 refreshments and other concessionj
novelty merchandise, to provide all catering, to rent other articles, to cor.duct a check-room and
to control programmes and other privileqes, and to take photoqraphs for its own records, and
LcSSEE sha11 not engage in any of the aforesaid business without the writ*_en conser.t of LESSOR.
10. Every public performance shall be so staged as to provide at least one intermission of
at least fifteen (15) minutes duration.
11. LESSOR shall have the sole right to collect and have the custody of articles left in the
building by persons attending any performance, exhibit or entertainment given or held in the
premises and LESSEE or any person in LESS£E'S employ shall not collect nor interfere with the
collection or 'custody of such articles.
12.�LESSEE is fully cognizant of the fact that the leased premises are to be used only for
the exnress period set forth herein and for no other period; further� that the leased premises
are part of a public buiiding and that no use of the leased premises sha11 be made nor permitted
which in any manner detracts from or imoairs t7e general use of such building as and for public
purposes. Tnerefore, any matter of interpretation arising under the terms hereof shall be
resolved favorably to LESSOR.
E. Miscellaneous
Any matters not herein expressly provided for shall be handled and disposed of in the
discretion of the LESSOR.
All terms and conditions of this written lease shall be binding upon the parties, their
successors, heirs or assigns, and cannet be varied or waived by any oral representations or
prcmises of any agent or other person of the parties hereto unless the same be in writing signed
by the duly authorized agent or agents who executed this lease. No assignment of this lease by
LESSEE shall be valid without the written consent o£ LESSOR.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their
respective officers as of the day and year first above written.
Signed in presence of:
Date
Signed in presence of:
CITY OF OSHKOSH, OSHKOSH CENTRE/
GRAND OPERA HOUSE (Lessor)
By
Executive Director
Date
(tiame o£ leasinq party) (Lessee)
By
Date
Date
Ca)
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