HomeMy WebLinkAbout32103 / 82-05SEPTEMBER 16 1982
PURPOSE:
INITIATED BY:
# 5 RESOLUTION
APPROVE LEAS;:, AGP.EEMENT - OSHKOSH CENTRE
REDEVELOPMENT PROJECT NO. 1
CITY ADMINISTP.ATION
BE IT RESOLVED by the Common Council of the Cit.y of
Oshkosh, that the proper City officials are hereby authorized
and directed to enter into the attached lease agreement w�_th
E. Sdalter G�hrke and Marler.e M. Gehrke, f.��r land ir ::iverside
Park.
SUEMITiED BY
APPROVED
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� � LEASE AGREEMENT ��
� THIS AGREEMENT, made and entered into this � day oF
i- , 1982, by and between the CITY OF OSHKOSH, a Wisconsin
iMunicipal Corporation, located in winnebago County, hereinafter re-
Iferred to as "City" and E. Walter Gehrke and Marlen Gehrke, his vife,
hereinafter reterred to as "Lessee";
WITN£SSETH:
WHEREAS, the Common CoLncil of the City oE Oshkosh, by re-
salution duly adopted on the _ day of , 1982, has
aut5crized znd d+_zec:e3 the proper City Of£ieials to entez into �aa
appropriate agreement with the Lessee for concession services at Rivet-
side Park in the City o£ Oshkosh; and
WHEREAS, the City is the owner o£ premises commanly known as
Riverside Park, and is desirous of providinq coneession services for
� the general pu6lic in that park, and has the power to grant rights and
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��� - privileges with respeet thereto; and �
�`�� WHEREAS, the Lessee is desirous of obtaining the riqht�to -
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i-! operate certain concession services upon the terms and conditions here-
ina£ter provided.
NOW, THEREFORE, in consideration of the promises, covenants,
terms and conditions hereina£*er contained, the parties mutually agree
as follows:
� 1. Concessions: The Lessee shall have the exClusive right
� to operate or sub-l�ase concession services in Riverside Park, except
� those r.or.-pro£it cr previously aperoved vendors, which shall consist
� and be limited to (aJ a retail business outlet for bait, fishir.g tackla,
� sporting goods and accessories (including anythinq presently sold);
and (b) baat and boat stall rentals, all which shall be hereinaEter re-
ferred to as "ConCessions". At the present time the LeSSees ate the
j���_'• owaers of a building loeated at 3 North Main Street, Oshkosh, Wisconsin,
'i and lease a portion oE the building to Sara Gehrke for the operation
I�i of ceztain concessions set forth in this paragraph. It is the under-
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standing o£ the parties that the Lessee shall be able to continue to
sub-lease to Sara Gehrke the opezatian of some or all o£ those eon-
cessions.
2. Loeation and Site: Tha site and location oE the business,
building, and boat rentals in Rivezside Pazk and deseription oE the
real estate leased for such purpose shall be shown in Exhibit "A".
The City shall also provide 10 parking spaces for the use of Lessee
and so designate them. .
- 3. Huildinq and Site Preparation: The Lessee shall be re-
sponsible�Ear site preparation, foundation work, drillinq a well, movinq
o£ their building and other development items as shown in Exhibit "A°
except as further provided herein. The City shall reimburse the Lessee
for all reasonable expenses in connection therewith, not to exceed
5110,000.00 provided that each item of expense incurred shall £irst be
� appzoved by the City in writing
the existing well.
�The Lessee shall be entitled to use
4. Term o£ Aqreement: This agreement shall be effective
from tha above date for a period of fifty (50) years.
5. Time and Hours of Operation: The Lessee may operate his
business year round on a regular basis. 2he business may be operated
between the hours of 6 A.M. and 11 P.M., seven (7) days per week, and
then only, and shall not be operated in such a manner as to cause un-
necessary traf£ic, ❑oise or congestion in the paik area.
6. Rent. The Lessee shall oay City rent in the amoun� of
S2,400.00 annually. Said rent to be paid in twelve equal installments
o£ 5200,00, due and payable in advance on the Eirst day of each month.
7. Boat Rental Business: The Lessee shall be allowed to
dock boats as shown in Exhibit ��A" for the storage, tie-up and use of
rental boats. The Lessee can designate a dock area via dock markings
or a snall sign located immediately in front of the boat dock. Boats
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� and the storage thereof will not be allowed in the park outside that
r area which is Exhibit "A". The boat storage area of the Concession
buildinq shall be covered with garage doors which shall be elosed at
all times exeept during enteting or leavinq the building. The boats
and rental of stalls shall be limited to thosa vesse?s havinq a maximum
length of 21' and weighing no more than 2,800 pounds. The Lessee is
sesponsible for all operation of the boat stalls/rental operation in-
cluding but not limited to Eees, hours of operation, etc. Lessee
may construct tie-up docks, at his expense, in the area as shown in
Exhibit "A" subject to written approval of the City of Oshkosh and other
appropriate governmental ageneies. The Lessee's cost of sueh eonatruet-
ion shall be considered a reasonable expense and shall he added to the
expenses contained in and provided for in Paraqraph 3, but shall not be
in addition thereto, cut rather as a part thereof.
8. Residential Units: The Lessee shall be allowed to use
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and/or zent the two (2) apartments situated above.the retail establish-
ment, provided, however, that:
(a) One apaztment must be used by an immediate member o£
the Lessee's family, limited to mother, father, brother,
sister, son or daughter oE the Lessee, or ooerator oE
business.
(b) The second apartment may be used by a relative of the
Lessee's family, or by private individuals not related
to the Lessee's family. No lease, written or oral shall
be entered into without the written approval of the City
which said approval shall not be unreasonably wiThheld.
(c) All tenants of the apartments contained within the
building shall be expected to abide by the park rules
and regulations as stated in Chapt=r 19 of the Oshkosh
Municipal Code and applicable provisions of this lease
agreement and these conditions sha11 be contained as
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conditians of any lease applyinq to any tenant.
� (d) Apartment teaants shall park their vehicles in the area
a3signed to the Lessee and under no circumstances shall
be alloaed to store outside the apartments any boats,
vehieles, buildinq materials, or any other commodity,
ineludinq storage buildings, exeept with the express
written consent o£ the City.
(e) Residence in the park does not entitle the tenant o£
the apartments any special privileges ar rights�in -the
� park or the use thereo£, except as otherwise provided
herein.
(E) The Lessee shall be responsible far all or any tenantn
and should any tenant break this agreement, the City
shall, upon sueh breach, notify the Lessee in writing
� thereof and if said breach continues for a period of
�! . � 60 days after such notice, the City shall have the riqht
� to forthwith terminate this aqreement. The City shall
have the right, in lieu of terminatinq this agreement,
� to take such action as it deems app=opriate against said
tenant, i£ said breach by tenant continues for a period
� of fourteen (14) days,
' (q) Pets shall be allowed but shall be confined to the
� prer,.ises.
9. Non-Discrimination: A11 services operated by the Lessee
Ishall be provided to the general public without disctimination as to
'� race, creed, color, sex, or national origin.
�, 10. Utilities and Taxes: Zt shall ba the responsibility of
the Lessee to pay for the costs of all electzical service, phone,
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� natural gas and water. The Lessee shall pay applicable real estate
Itaxes.
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11. Maintenance: Lessee shall maintain such building and
the grounds for a distance of 35� adjacent to the building in such
manner as presczibed by the Director of Parks and approved by the City
Manager. This maintenance shall include, but not limited to: p�.ck up
of litter, waste paper, bottles, ete., mowing of grass (in season),
- removal oE snow (in season), regular painting and 6uilding repair, re-
� placement of glass (iE broken), replaeement of dock lumber (if broken),
and general good housekeepir.g practices. Failuze to maiatain as herein
provided shall permit the City, a£ter notice, to provide such mainten-
ance at the Lessee's expense.
12. Notices: All notices given to Lessee or City shall he
served hy certified mail or personal delivery to the Lessee at the
_ Lessee's buildinq as herein described or io the City Clerk of the City
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- o£ Oshkosh, as the case may be._
13. Federal, State and Municipal Laws: The Lessee will not
use nor permit any person to use in any manner whatsoever, the said
premises or any part thereo£ or any building for any illegal purpose,
or for any purpose in violation of any Federal, State or Municipal law,
ordinance, rule, order, or regulation or of any rule or requlation of
the City now in efEect or enacted or adopted, and will protect, in-
demnify and iorever save and keep harnless the City and the individual
employees thereof and their aqents, from and acainst any damage, pen-
alty, fine, judgment, expense or charge suffered, imposed, assessed or
incurred for any violation or breach of any law, ordilance, rule, order
or regulation occasioned by any act, neglect or omission of the Lessae
or any employee, person or occupant; and in the event of any vio'ation,
or in case the City or its representatives shall deem any conduct on
the part of the Lessee, or any person or occupant, or the operation of
business, to be objectionable or inproper, the City shall have the
right and power and is hereby authorized by the Lessee so to do, to
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declare the lease agreement terminated upon thirty (30) days notice to
the Lessee_ Lessee, however, may avoid such tetmination by eomplyinq
aith the pravisions o£ this paragraph within said thirty (30) days.
In lieu of terminatioa, the City may, in its discretion, en£orce by
independent aetion any provisions of this lease.
i4, 2nsurance: Lessee shall procure, at his own cost aad
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? expense, and have in effect at all times peztinent to this lease, insur-
ance as follows: - - � - �
(a) Public liability insuranee in the amount o£ nat less
than 51,000,000.00 for injury to one person in one
= accident, and 51,000,000.00 £or injury to more than
- one person ia one aceident.
� (b) Property damage of S500,000.00 for each oceurrence.
(c) Workmen's Compensation insurance coverage for all ev-
ployees, if any. � . -
� All insurance required�shall be secured from an insurance
company or companies which have been approved by the City Manaqer and
the City Attorney, which approval shall not be unreasonably vithheld.
All insurance premiums shall be the obligation of, and shall be paid by
Lessee. Lessee shall not com^!ence operation under this Iease uetil he
has obtained all insurance required under this heading and such insur-
ance, which shall also list the City of Oshkosh as an additional in�ured,
has been approved by the City and a CertiEicata of Insuranca attestirg
to all required coverage, has been placed on £i1e in che Office of the
City Clerk. Such policy oz insurance shall not be cancellable in less
than thirty (30) days and also shall state that written notice will be
given to the insured and the City at least thirty (30) days prior to
any contemplated cancellation. In ihe event Lessee reCeives natice
of such cancellation and fails to obtain the required insurance in Yhe
thirty (30) day period, his operation shall cease�as of the Last day oE
_� coverage and shall r.ot resume until the required insurance has 6een
� obtained and again approved by City.
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15. Compensation Responsibility: Lessee shall be solely re-
sponsible for a11 eompensation to its employees, iE any, and for any
� and all debts and obliqations incurred as a result of its operations
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covered by this lease.
16. Risk: The Lessee assumes all risks in the aperation of
his business and shall be solely responsible and answerable in damages
for all accidents or injuries to persons oz property and hereby cov-
enants and agrees to indemni£y and keep harmless, the City, its
officers and employees from any and all elaims, suits, losses, damages
or injury to person�or property of whatever kind and nature, whether
direct or indirect, arisinq out of the operation of this lease or the
caralessness, negligenee or improper conduet oE the Lessee or any
servant, agent or employee which responsibility shall not be liaited
to the insurance coverage herein provided for_
17. Assignment. This lease shall not be assigned, transferred,
subleased, nor hvpothecated or otherwise disposed of, nor shall the.
control oE the building or business, or any interest therein, or any
part thereoE, be qranted by the Lessee to any other person or�entity,
without the consent in writinq oE the City Manager, which consent shall
not be unreasonably withheld. The Lessee shall, howevar, be �ermitted
to mortgage their interest in the building without prior consent of the
Cit7.
18. Compliance with Par!c Regulations: Lessee agrees to
operate his business in such a manner so as not to interfere with the
normal use and en;oymen: oE 3iverside Park by the ger.eral p:iblic, and
agrees to abide by any rules of the Director o£ Parks with zegard to
maintenance and operation of Riverside Park, except as otherwise pro-
vided herein.
19. Advertising: Lessee may place on the front of his
buildings two appropriate wall signs as described in Section 30.22 of
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the Oshkosh 2oning Ordinanee, not to exceed 64 squarc feet each. Said
wall sign may be illuminated by external flood lightinq only. :vo
£lashing, internally lighted or similar type of illuminated sign is
allowed. There is a£urther prohibition of any type of siqn or ad-
vertisinq in the park ia any manner or fonm on the external portioa of
the building, premises, boat docks, or land speci£ied in this lease,
except that specified above.
20. Other Business: Lessee shall not carry on any other
business, except that described in Paragra�h 1 aad 6, vitnout the ex-
press written�eonsent o£ the City, whieh consent shall not be unrea-
sonably withheld.
21. Service to the Public: The policy oE tAe City is to
serve the public in the best possible manner, as prescribed by the City
Manager, and the Gessee agrees that both he and his employees, volun-
teers and aqents shall at all times cooperatz to this end. �
- 22. ModiEication of the Lease: Any terms of this agreement
ean be modified upon mutval consent of the parties. These moditications
shall be made in writinq and executed via an addendum prepared by the
City of Oshkosh Administration and signed by both parties.
23. Removal or Purchase of Prooerty After 2ermination. Upon
termination of this agreement, the Lessee sha11 either remove the
building(s) and property from Rivazside Park or shall sell saia build-
ing(s) and property to the City as provided herein. T_he [,essee shall
inform the City in writing within ainety (90J days a°tar the tarminaiion
of this agreement of his decision to remove the buildinq(s) or to sell
to the City. .
(a) IE the Lessee decides to remove the buildinq(s), he
shall do so within one (1) year of the termination o8
the agreement or said building(s) and �zopetty shall 5„
deemed abandoned and become the sole p:operty of tha r�ty_
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(a) if the Lessee decides to sell the building(s) to the
City, they shall be purchased by the City at their
then appraised value. if the Lessee disaqrees vith the
City's appraisal, he shall have the right to o6tain an
additional appraisal. Should the parties still disaqree,
the two appraisers so chosen shall piek a third appraiser,
whose appraisal sha11 be binding upan the paztien.
24. Fire: Should the Lessee's buildinq(s) be totally or
partially destroyed by fire, the Lessee aha11 have the option to re-
build said premises or to terminate this aqreement. Said option shall
be exercised in writing to the City within ninety (90) days o£ said
£ire. Should Lessee decide to rebuild, he shall eomplete said rebuild-
ing within one (1) year of permit issuance. �Should Lessee decide to
terminate this agreemen.t, such termination will be e£fective the day
the City receives notice and thereafter the Lessee will be given ninety
(90) days to remove any property he so desires and the remainder shall
be deemed abandoned by the Lessee and become the property of the City.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above wzitten.
In Presence Of:
CITY OF OSHKOSH
Bv
William D. erueh-City Hanager
Attest:
By
Conver5e C. Marks, City Clerk
L�// �i�/�s��'�/�
E. Walter Gehrke, Lessee
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�C��� /�"�%v��
Marlene Genrke, Lessee
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