HomeMy WebLinkAbout31273 / 81-19April 16, 1981
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Hc Ii REa0i4Eu by rhe Com[nn Coimcil of i:ne City of Oskixosh that the
proper city officiats axs hereby authorized and direct,_�d to enter in;n the
attached agreenent with the Kiwanis Club of Lakeshore, Oshkosh.
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LEASE FOR CONCESSION STAND AT
MENOMINEE PARK SOFTBALL COMPLEX
AND BOAT LANDING AREA
THIS AGREEMENT, made and entered into this day of
, 1981, by and between the KIWANIS CLUB OF LAKESHORE
OSHKOSH, P. 0. Box 761, Oshkosh, Wisconsin (hereinafter referred
to as "Tenant"), party of the first part, and THE CITY OF OSHKOSH,
a municipal corporation located in Winnebago County, Wisconsin
(hereinafter referred to as "City"), party of the second part
[�THEREAS, the Riwanis C1ub of Lakeshore Gshkosh wil.l donate
to the City of Oshkosh the sum of Ttaenty-Five Thousand,($25,OQ0.00)
Dollars, to be used to apply toward the construction costs of a
restroom and concession stand in the Menominee Park softball
complex and boat landing area; and
WHEREAS, the Common Council of the City of Oshkosh, by
resolution duly adopted on the day of , 1981,
authorized and directed the proper City officials to enter into an
appropriate agreement with the party of the first part for a food
and beverage concession at the Menominee Park softball complex and
boat landing area for an initial term of five (5) years, with one
(1) additional renewal period of five (5) years, with party of the
first part paying no additional rent or other consideration to the
party of the second part during the rental period and any renewal
of that rental period. At the end of the second five (5) year
neriod, this contract is open to ne�otiation for renewal. No moral
or legal obligation of either party shall exist after the second
five (5) year renewal. In the event the Tenant wishes to withdraw
from the contract and cease operation at any time, there wi11 be no
legal or financial obligation on behalf of the City to repay or
reimburse Tenant for the remaining period of this contract.
NOW, THEREFORE, pursuant to said resolution o£ the Common
Council of the City of Oshkosh, the parties agree as follows:
1. Location: This concession is limited to the interior
portion of t�ie restroom concession building, located at the Menominee
Park softball complex and boat landing facility as described on the
attached drawings marked Exhibit "A". During the period of this
Lease, Tenant shall have the exclusive use of the concession portion
of the building. No outside storage or use of the immediate area
around the building is included.
2. Length of Contract: The contract will be for a five (5)
year period commencing on the day of , 1981
and terminating on December 31�9$�6. Tenant shal have the option
to renew for one (1) subsequent period of five (5) years under the
same terns and conditions as exist during the initial five (5) year
period. Tenant agrees to give City notice of at least sixty (60)
days prior to the end of any contract term of its intention to
exercise its option to .renew. If the Tenant wishes to witttdraw
from the contract durinp the period of the Lease, it sha11 give the
City notice in writing prior to February lst of any year during
the term of the Lease.
3. Foodstuffs. The concession will include foodstuffs,
including but not limited to pre-prepared sandwiches, hot dogs,
hamburgers, potato chips, candy, dispenser soft drinks, dispenser
and canned fermented malt beverages, and tobacco items at the above
described location. It is the responsibility of the Tenant to
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apply for and receive a Class "B" Fermented Malt License. The
City agrees that it will cooperate in the application for the
Class "B" Fermented Malt License and any and all other licenses
that may be necessary for the operation of the concession stand.
A current price list for items that are for sale sha11 be on file
at the Gity Parks Director Office.
4. Hours of Operation: The hours the concession will be
operated shal be determined solely by the Tenant. However, the
primary objective is to have the concession stand open during such
times as there is regularly scheduled softball play at the softball
diamonds, during special events, and at such other times as there
would be sufficient potential business to justify its operation.
The Tenant shall provide the City with a schedule of opening and
closing times in advance.
5. Revenue Due Cit : The revenue due the City shall be
as set forth on Exhi it B" attached hereto.
6. Books of Account and Financial Re orts: The Tenant
agrees to keep the books o account and records of all operations
and to establish a system of bookkeeping and accounts in a manner
satisfactory to the City and to permit inspection of said books and
records by the City Comptroller as often as is deemed necessary in
the opinion of the City. The Tenant shall submit at the end of
each year, or as required by the City, antimauditeiiprofit and loss
statement of operations under an agreement, in a form approved by
the City, itemizing payroll costs, operating and other expenses.
7. Notices: All notices and orders given to the Tenant
may be served by mailing the same to the Tenant at the address
hereinbefore set forth or by delivering a copy thereof to the
Tenant in person.
8. M�an�a �ement: The concession will be managed by the
Tenant and will be operated by volunteers and/or paid employees.
The Board of Directors of the Kiwanis Club of Lakeshore Oshkosh
shall be solely responsible for determining the volunteers and/or
paid employees who will be working at the concession. Tenant
agrees to provide the City with the name of the President of the
Kiwanis Club of Lakeshore Oshkosh and he or his designee shall
serve as the liaison or manager between the Tenant and the City
relative to any questions concerning the operation and/or management
of the concession.
9. Insurance: The Tenant shall procure, at its own cost
and exnense, worke s compensation and such public liability and
property damage insurance as required to protect the Tenant, the
City and its officers and employees from any claims for damage to
property and for personal injuries, including death, which may
arise from the operation of this concession by the Tenant. The
insurance coverage limits shall be as follows: Bodily injury -
$100,000.00 each person each occurrence; property -$50,000.00 each
occurrence; $300,000.00 aggregate; product liability - $100,000.00.
A duplicate copy of all insurance policies or certificates of
insurance must be furnished the City with full premiums paid,
before the start of any operations by the Tenant. All policies
shall contain an endorsement providing for furnishing the City ten
(10) days' written notice of termination of insurance for any
cause.
10. Risk: The Tenant assumes a11 risk in the operation and
shall be solely responsible and answerable in damages for all
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accident or injuries to person or property and hereby covenants
and agrees to indemnify and keep harmless the City, its officers
and employees from any and all claims, suits, losses, damage or
injury to person or property of whatever kind and nature, whether
direct or indirect, arising out of the operation of this agreement
or the carelessness, negligence, or improper conduct of the Tenant
or any servant, agent, or employee, which responsibility shall not
be limited to the insurance coverage herein provided for.
11. Waiver of Dama e: The Tenant will expressly waive
any and all c aims or compensation for any and all loss or damage
sustained by the Tenant resulting from fire, water, tornado, civil
comm.otion or riots. The Tenant cvill exprassly waive all rights,
claims and demands and forever release and discharge the City, its
officers and employees from any and all demands, claims actions and
causes of action arising from any cause.
12. Not an Agent: Nothing contained in this agreement
shall create'or be construed as creating a co-partnership between
the City and the Tenant or to constitute the Tenant as an agent
of the City.
13. Federal, State, and Municipal Laws: The Tenant will
not use nor permit any person to use in any manner whatsoever the
said premises or any part thereof 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 regulation of the City now in effect or enacted or adopted, and
will protect, indemnify and forever save and keep harmless the City
and the individual ermployees thereof and their agents, from and
against any damage, penalty, fine, judgment, expense or charge
suffered, imposed, assessed or incurred for any violation or breach
of any law, ordinance, rule, order or regulation occasioned by any
act, neglect or omission of the Tenant or any employee, person or
occupant for the time being of said premises; and in the event of
any violation, or in case the City or its representatives shall
deem any conduct on the part of the Tenant, or any nerson or
occupant for the time being of the premises (or the operation
thereof), to be objectionable or improper, the City shall have the
right and power and is hereby authorized by the Tenant so to do, to
at once declare the concession agreement terminated without previous
notice to the Tenant.
14. Utilities: The City shall pay for all electric lights,
power and gas, used and consumed in connection with the operation
of the concession. Any alterations in the existing facilities for
electricity, power, gar, water, sewer, drain pipes, or in other
fixtures necessary for the operation of this concession, shall be
made at the sole expense of the Tenant after written approval by
the City. The Tenant shall use only electricity for motive power
and illumination of the premises, buildings or spaces included in
this specification unless otherwise permitted in writing by the
City and shall use all electric lights and power in strict accordance
with the plans and designs as approved by the City. Water shall be
furnished by the City.
15. Inflammables: The Tenant shall not use or permit the
storage of any illuminating oils, oil lamps, benzine, naptha or
other similar substances or explosives of any kind, or any substance
or things prohibited in the standard policies of fire insurance
companies in the State of Wisconsin in any buildings erected or to
be erected on the premises.
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16. Sanitation: Tenant agrees to keep clean and in a
sanitary condition the portion of the building used by it as a
concession stand. Tenant is responsible for disaosal of food
waste, packaging containers, eating utensils and other waste
directly attributable to the food concession in the interior of
the concession portion, and is also responsible for other general
clean-up of the area 75 feet in circumference around the Tenant's
portion of the building. AI1 refuse and waste material shall be
stored by Tenant and shall be disposed of by the Tenant or at the
option of the Tenant, by the City. A11 state and local health
laws and regulations shall be strictly complied with.
17. Inspection/Access: It is agreed that the concession
premises may be inspected at any time by authorized representatives
of the City. The Tenant agrees that if notified by the City or its
representatives, that any part of the concession premises or the
facilities thereof is unsatisfactory, it will immediately remedy
same.
18. Repairs: All equipmeut which is hereinafter stated as
being the property of the City shall be maintained and kept in
repair by Tenant and shall, at the expiration of this Lease or
any renewal thereof, be returned to the City in as good condition
as when received, reasonable wear and tear and damage by the elements
excepted. Maintenance of any of the equipment covered by this
section shall be done by and at the expense of Tenant. In case the
Tenant does not make some needed repair within a reasonable time,
the City may make the repair and charge the cost to the Tenant.
Tenant shall not make any alterations in the concession premises
without the written approval of the City.
19. Advertising: Tenant may place on the building an
appropriate sign indicating that the concession is operated by
the Kiwanis Club of Lakeshore Oshkosh and that a portion of the
cost of the building was donated by the Kiwanis Club of Lakeshore
Oshkosh. Tenant agrees not to advertise in any other manner or
form on or about the premises, buildings, or concession space used
by it or elsewhere in any newspapers or otherwise, except by means
of such signs or forms of advertising as shall be approved by the
City. Tenant shall not employ or use any persons known as "hawkers",
"spielers", "criers" or other noisemakers or means of attracting
attention to the Tenant's concession business, not approved by the
City, or to the extent of creating a nuisance.
20. Other Business: Tenant shall not carry on or within
or upon said concession space any other business, except that
described in Paragraph 3. The City agrees not to sel1, rent, lease
or permit any other person, business or concessionaire who are in a
business similar to that described in Paragraph 3 to operate within
the area described and shown in Exhibit "C".
21. Service to Public: The policy of the City is to serve
the public in t e est possible manner, and the Tenant agrees that
both it and its employees, volunteers and ag�nts sha1Z at all times
cooperate to this end.
22. Interpretation of Agreement: Should any question arise
as to the proper interpretation as to the terms and conditions of
this agreement, both parties agree to submit to the American Arbitra-
tion Association according to their rules and conditions and the
decision made by the arbitrator or arbitrators shall be binding on
both parties. Both parties agree to consent to the issuance of an
order in the appropriate circuit court in Winnebago County implementing
the decision of the arbitrator or arbitrators.
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23. No Representations: Tenant acknowledges that the
City has not ma e or caused to be made any representations of any
nature whatsoever in connection with the subject concessions,
and in particular has made no representations dealing with such
matters as anticipated revenue to the Tenant, or related issues.
The Tenant acknowledges that it will enter into this lease as the
result solely of its own business judgment and not as the result
of any representations whatsoever, direct or indirect, made by
the City, its agents or employees.
24. No Discrimination: The Tenant will agree not to
discriminate in its operations under the contract on the basis
of race, color, creed, age and sex, except as otherwise prohibited
by law. Breach of this covenant may be regarded as a material
breach.
25. Sublet: Tenant shall have the right to sublet the
prer.iises on t��llowing terms. The City sha11 not injustifiably
withhold permission to sublet such premises. The tenant may sublet
only to individuals or non-profit organizations which meet the
following criteria: (a) non-profit, charitable or public service
organization or otherwise serving the public good; (b) not for
organizations or groups of individuals who would derive a profit
which is not solely used for public or charitable purposes; (c)
the sub-tenants agree to abide by all park rules, regulations, city
ordinances and all provisions of this agreement that are applicable
to the primary tenant; (d) the premises should not be sublet for
more then four (4) consecutive days in any one calendar year without
the prior approval of the City; (e) any questions regarding the
integrity, purpose, composition of any person, group or organization
that desires to sublet the premises from the Tenant shall be made
by the City, whose decision shall be final; (f) the sub-tenant shall
take appropriate safeguards, either in a financial cash damage
deposit or bond to insure protection of the tenants property, goods
and supplies and the City property hereinafter described in Paragraph
26.
26. Equipment: The Tenant and the City shall each respectively
provide the equipment as shown on the attached schedule marked
Exhibit "A". The Tenant acicnowledges that it is familiar with the
floor plan of the building and the concession area as shown on the
attached drawings marked Exhibit "A". If for any reason additions,
deletions, or alterations are desired by the Tenant, then conditions
of Paragraphs 8, 14 and 13 shall apply. Trade fixtures, partitions
or any other equipment installed in, on, under or about the premises
by Tenant shall always remain the property of the Tenant and shall
be removed at the expiration of the term of this lease or any renewal
thereof or any other termination thereof, provided that any such
damage to the leased premises caused by the removal of such fixtures,
partitions or other equipment shall be repaired by the Tenant.
IN [,1ITNESS WHEREOF, the parties have hereunto set their
hands and seals this day of , 1981.
KIWANIS CLUB OF LAKESHORE OSHKOSH
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CITY OF OSHKOSH
By:
By:
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EXHIBIT "B"
Tenant agrees to pay to the City a total of �aenty-five
Thousand ($25,000.00) Dollars in annual installments of Five
Thousand ($5,000.00) Dollars. The first installment shall be
paid on September 30, 1981 with an additional installment of
Five Thousand ($5,000.00) Dollars to be paid annually on or ,
before September 30, 1932, September 30, 1983, September 30, 1984,
and September 30, 1985.
In the event the Tenant shall default in payment of the
Lease and does not cure the default prior to the succeeding May lst,
then the Lease shall be terminated.
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LEAS£ FOR CONCESSION STAW AT
ME�IOMIIVEE PARK SOFTBALL CONiPLEX
AW 6�AT St1NDI.SG ARP.2.
TF{IS AGREEME:VT, made and en[ered into �his day of
, 1981, by and be[ween che K2We4v2S CLUB OF L1RESi-IORE
b�P-O. Box 761, Oshkosh, Wisconsin (hereinaEcer reierred
to as "Tenant"), party of the zi:st part, and TAE CITY OF OSRKOSH,
a mimicipal cornoration Locaced in 'dinnebago Couney, Wisconsin
(hereinaftar reEerred co as "City"), party oz the second oar:
WHEREAS, the Kiwanis C1ub of Lakeshore Oshkosh will donate
to the City of Oshkosh [he sum of Twenty-Five Thousand.($25,000.00)
Dollaxs, [o be used to apnly toward che construction costs oi a
restroom and coacession stand in che :4enominee ?aric soitball
complex and boat landing area; and �
WHEREAS, ehe Co�on Council of che City or Oshkosh, by
resolution duly adooted on the day of , 1981,
authorized and directed the nrone— r�'ity officia s co encer iato an
appropriate ag=eement with the pazty o£ che £i=st part £or a£ood
and baverage concession at the Kenominee Park soft6a11 comolex and
boat landiag area ror an initial 'e=at of five (5) years, wi[h one
(1) additional renewal period of five (S) yea:s, wi[h oarty of the
:irse part paying no additional rent or other consideration co [he
party of Che second part during Che ren[a1 period and any renewal
of that rental pe:iod. At the end of the second five (5) year
oeriod, this contract is onen to negocia[ion tor zenewal. "io moial
or legal obl±gacion oi eicier ?arty sha11 exist af*_er the second
five (5) year renewal. Ia the event the Tenant wishes to wichdraw
from [he contract and cease operation at any time, =here wi11 be no
1ega1 or zinancial obligation on behalf oi the City to repay or
reimburse Tenan[ sor the remaining period of this contrac:.
�SOW, THEREFORE, pursuant to said resolution of the Common
Council of [he Cicy of Oshkosh, the parties agree as £o1'ows:
1. Location: This concession is limited [o the incerior
vortion of [ e rescroom concession building Iocated a[ the Kenominee
Park softball comnlex and boat landing £acility as desc-ibed on che
attached drawings marked Fxhibit "A". During the period of t4is
Lease, 'Lenant sha11 have e4e exclusive use of the concession pottion
of ehe building. No outside s[orage or use oi the !nnnediate area
azound the building is included.
2. Len tQ h o= Conuace: The contsact will be ior a five (5)
year period co¢unencir.g on tfie day or , 1981
and terminating on December 31��SS6. ienan� s a ave : e op�ion
co renew £or one (1) suhsequent period oi Eive (S) years under che
same teras and conditions as exist during the ini[ial. £:ve (5) year
?eriod. Tenane agrees to give City notice or ac least six[y (60)
days prior to [he end of any concrac[ eera� or ics incendon �o
exercise its opcion [o renew. If ehe Tenant wisnes to withdraw
from the contract during the period oi the Lease, it sna11 give the
Ci[y notice in writing prior to February Lst oi any year during
the [erm of the Lease.
3. Foadstuffs- The concession ai11 include roodstuffs,
including but n— ot-�ited to pre-pre?ared sandwiches, hot dogs,
hamburgers, pocato chins, candy, disnenser so=c drinks, dispenser
and canned fermented mal� beverages, and tobacco items at the above
described Loca[ion. It is the resnonsiSiLicy of [he Tenan[ Co
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anply Eor and receive a Class "B" Fermeneed Ma1t License. The
Ci[y agrees thac it wil: coopera[e in �4e applica[ion for the
Class "B" Fermenced Ma1t License and any and a11 ocher Licenses
tha[ may be necessary for the opera[ion oi the concession stand.
A curren[ price 1is[�ior items e4a[ are for sale shall be on file
at the Ci[y Parks 7irector Office.
4. Hours of Oneration: The hours the concession will be
operated sha e ecervti.ne solely by the Tenant. However, che
primary objective is to have the concession stand ooen during such
cimes as there is regularly scheduled softball nlay at c4e softball
diamonds, during speeial events, and at such oc4er cimes as [here
would be suificient ootential business eo justiry i[s opera[ion.
The Tenanc shall provide c4e City wit4 a scheduLe of ocening and
closing times in advance.
5. Revenue Due Ci[ : The revenue due [he City sha11 be
as set £ort on cx i it B" attached here[o.
6. Books of Account and Financial Reoorts: The Tenant
agrees to keep the oo s o= accounc an :ecor s of a11 oneracions
and to establish a syscem of bookkeeping and accouncs in a manner
satisfactory to the City and to permic inspec[ion of sid books and
records by the City Comntroller as oPten as is deemed necessar� in
the opinion o£ the City. The Tenanc sha11 suhmi� a[ the end of
each year, or as reauired by the City, an uiauditeS nrofit and Loss
statement of operations under an agreement, in a �or� aoproved by
the City, itemizing nayroll costs, operating and ot4er expenses.
7. Notices: A11 notices and orders given [o ehe Tenant
may be serve��ailing the same to [he Tenanc ac the address
hereinbefore sec forth or by delivering a copy thereof [o [he
Tenant in nerson.
8. Mana ement: The concession ai11 be managed Sy [he
Tenanc and wi �e operated by volunteers and/or naid employees.
The Board of Directors of the Kiwanis Club of Lakeshore Oshkosh
shall be solely resoonsible ior deeezatining the voLuneeers and/or
paid employees aho wi11 be working at the concession. Tenant
agiees [o provide che Ciey wi�h the name of [he Presidene oL [he
Kiwanis C1ub of Lakeshore Oshkosh and he or his designee sha11
serve as the Liaison or manager be[ween ehe Tenanc and che Ciey
relative [o any questions conceraing the oneration and/or managemene
of the concession.
9. Insurance: ?he Tenant sha11 procure, at its own cost
and expense, wor�cer s compensacion and such public Liability and
property damage insurance as reouired Co proCZCt che Tenant, Che
City and its oi:"icers and eanloyees from any claims for damage to
property and for personal injuries, incLuding death, which may
arise from the operation oP [his concession by the Tenan[. ;4e
insurance coverage limits sha11 be as iollows: Bodily :njury -
$100,000.00 each person each occurrence; property -$50,000.00�each
occurrence; $300,000.00 aggregate; oroduct liabiiicy - S10Q.000.00.
A duplicace copy of a11 insurance policies or ce-tiiicaces of
insurance must be Furnished cne City wi[4 °u11 premiums paid,
before the start of any ooerations by the Tenant. A11 policies
shall con[ain an endorsement providing :or furaishing [he City een
(10) days' written notice of eermination o: insurance for any
cause.
10. Fisk: The Tenan[ assumes a11 risk in [4e operation and
sha11 be so�� resnonsibLe and answerable in damages �or a11
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accident or injuries co person or prooerty and hereby covenanes
and agrees to indemnify and keep harailess che Cicy, ics oificers
and employees from any and a11 cLaims, suits, losses, damage or
injury to person or property of whacever kind and nature, whe[her
direct or indirecc, ar±sing ou[ of the operation o£ [his agreement
or the carelessness, negligence, or improper conduct oz [he Tenan�
or any servant, agen[, or empLoyee, which responsibiliey sha11 noc
be limited to che insurance coverage herein provided £or.
11. W�aiver of Daata �e: T4e Tenant ai11 expressly waive
any and a11 c aimsl ' zor compensation ior any and a11 loss or Camage
sustained by the Tenant resulting from fire, aater, eornado, civil
co�otion or riocs. The Tenant wi11 zxnressly aaive a11 rights,
claims and demands and forever release and discnarge che City, i[s
officers and employees from any and all demands, claims actions and
causes o£ action arising from any cause.
12. Noc an Aqen[: `iothing contained in this agreemenc
sha11 create or be conscrued as crea[ing a co-parrnershio bevaeen
c4e City and the Tenant or to constitute che Tenanc as an agent
of ehe City.
I3. Federal, State, and *funicinal Laws: The Tenant wi11
noC use nor permit any person to use in any manner whatsoever the
said premises or any part thereof or any building ior any !11ega1
purpose, or for any ourpose in violacion of anv Federal, State, or
Municipal Law, ordinance, rule, order, or regulation or of any rule
or regulation of the City now in effect or enacted or adooted, and
will orotect, inde�ify and iorever save and keep iarmless ehe City
and the individual eaployees thereof and *_heir agenes, 'rom and
against any damage, penaley, fine, jud3cieat, esper.se or charge
suffered, i.mposed, assessed or iacurred :or any violation or breach
of any Law, ordinance, =ule, order or regulacion occasioned by any
act, neglect or omission of the Tenant or any emnloyee, person or
occapanc for the cime being of said premises; and in the event of
any violation, or in case the City or i[s represenca[ives sha11
deem any conduct on e4e oart of t4e 2enant, or any ?erson or
occunant £or the time being of che premises (or che ooeration
thereo=), co be objectionable or improper, the Cicy sha11 have ehe
right and power and is hereby authorized by [he Tenant so to do, �o
at once declare the concession agreement termi.nated aithout pr_vious.
notice co c4e Tenanc.
14. Utilit3es: The Ciey shall pay for a1i elec[ric lights,
power and gas, use and consumed in conneccion aith the oneration
of che concession. Any alezrations in che exiscing facilities =or
electricity, oower, gar, watar, sewer, drain pi?es, or in o[her
£ixtures necessary for the onera[ion oi this concession, sha11 be
made at [he sole expense of the Tenane after writcen aporoval by
che Ci[y. The Tenan� sha11 use only electriciry for mocive power
and illumination of ehe pre.�nises, buildings or soaces included in
this speci=ication �mless otherwise oermittzd "zn writing by �he
City and sha11 use all eleceric lights and oower in stric� accordance
with the plans and designs as approved by the City. :dater sha11 be
£uraished Sy Che CiCy.
15. Inflammables: The Tenane sha11 not use or vermit the
storage of any�i.�ing oi1s, oi1 Lamns, Senzine, napt4a or
other similar substances or expLosives of�any kind, or any substance
or things prohibited in the standard policies of fire insurance
companies in the State of Wisconsin in any buildings erected or to
be erected on the premises.
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16. Sanitation: 'Lenant agrees co keep clean and in a
sanitar/ con icid on c� nortion oc [he building used Sy it as a
concession stand. Tenant is resnonsible for dis�osal of food
waste, packaging containers, ea[ing utensils and�o[her waste
directly attributabLe to [he °ood concession in che ineerior of
the concession portion, and is also resnonsible for other general
clean-un of the area 75 £eee in circumference around [he Tenan['s
portion�of che building. AI1 refuse and waste ma[erial shall be
stored by Tenant and sha11 be disposed of by che Tenant or at the
option of the Tenant, by the City. A11 state and Loca1 heal[h
laws and regulat:ons sha11 be >trictly compLied wi[h.
17. Insvection/Access: Ic is agreed tha[ che concession
premises may e ins�' pecced a[ any [ime by authorized *_epreseneatives
of the City. The Tenant agrees chat if notified by the City or ics
representatives, :hae any oarc of [he concession oreaises or the
facilities thereoi is unsatisfactory, it wi11 i�ediacely remedy
same.
18. Reoairs: A11 equipment which is hereinafter stated as
heing the� property of the City sha11 be maintained and kepc in
repair by Tenant and sha11, at the exviration of this Lease or
any renewal thereof, be recumed co the City in as good condition
as when received, reasona6le wear and eear and damage by che elemencs
excepced. Maincenance ot any of che equipment covered 'oy [his
section sha11 be done by and at ehe expense o£ Tenanc. In case che
Tenant does noc make some needed repair aichin a reasonable time,
the City may make [he repair and charge the cost to the Tenant.
Tenant sna11 noC make any al[erations in [he concession oremises
without the written approval of che Ciey.
19. A�dve�rtisin : Tenant aay place on [he building an ��
aporopria[e sign�ica[iag that che concession is ooerated Sy
Che Kiwanis Club of Lakeshore Oshkosh and [hat a porcion of [he
cost of ehe building was donaced by the iCiwanis Club of Lakeshore
Oshkosh. Tenant agrees noe to advertise in any other manner or
:orn on or abou[ ehe premises, buildings, or concession space used
by ie or elsewhere in any newsnapers or otheraise, excepe by means
of such signs or forms of advertising as shall be anproved by the
City. Tenant sha11 not employ or use any persons kaown as "hawkers",
"spielers", "criers" or ot4er noisemakers or means oL ac�racting
a[tention to the Tenanc's concession business, not aporoved by the
Cicy, or to t4e extent of creating a nuisance.
20. Other Susiness: Tenant sha11 not car:y on or wit4in
or upon said concessLOn s�ace any ocher business, excepc that
described in Paragraph 3. The City agrees not eo se11, r_n�, lease
or permi.e any oeher person, business or concessionaire aho are in a
business similar to that described in Paragranh 3 to ooerate within
che area described and shown in �xhibi� "C".
21. Service to Public: The oolicy oE the Ciry is [o serve
the public in c e est possi Le manner, and [4e Tenant agrees chat
Soth iC and its employees, volunteers and agents sha11 at a11 [ines
cooperate to this end.
22. Interurecation of �greemen[: Should any question arise
as to che proper interpretation as eo t4e eer�s and conditions of
this agreement, boeh parties agree [o submit eo [he 2.merican arbitra-
tion Association according to c4eir rules and conditions and c4e
decision made by che arbic:ator or arbitrators sha11 be Sinding on
both parties. 3och parties agree co consene [o �he issuance oi an
order ia ehe anpropriate circuit court in Winnebago County imnlementing
ehe decision o£ che arbierator or zrbi caeors.
- 4 -
�i�
23. vo Representations: Tenan[ acknowledges [4a[ ehe
Ciry has not ma e�—or causea co be aade any :e?rzsen�aeions of any
nature whatsoever in connec[ion with the subjecc concessions,
and in particular has made no renresentacions dealing with such
matters as an[icipated revenue to the Tenant, or relaced issues.
The Tenant acknowledges thae it wi11 enter into Chis lease as che
resul[ solely of its own business judgmen[ and noc as the result
of any representations whatsoever, direct or indirect, made by
the Ciry, its agents or employees.
24. No Discriminacion: The TenanC will agree noc to
dis¢iminate in i[s oneracions under che contract on che basis
of race, color, creed, age and sex, exceot as other�aise prohibieed
by Law. Breach of t4is covenan[ may be regarded as a material
breach.
25. Sublet: Tenan[ sha11 have the right co sublet the
premises on eiie—�1lowing cerms. The City sha11 noe injustifiably
wi.thhold permi,ssion to sublet such premises. The eenanc may sublet
only to individuals or non-orofic organizations ahich meec che
following criteria: (a) non-pro£ic, charitable or public service
organization or otherwise serving che public good; (b) noc Eor
organizacions or grouos of individuals who crould derive a ororit
which is not solely used for public or charitable nurposes; (c)
the sub-[enants agree to abide by a11 oark rules, regulations, city
ordinances and a11 provisions o= chis agraemen[ cha[ are apnlicable
co the primar3 tenant; (d) the premi.ses should noc Se sublet for
more then four (4) consecutive days in any one calendar year wi[hout
the prior approval of c4e Ci[y; (e) any questions :egarding the
integrity, pur�ose, comoosition oi any person, groun or organization
tha[ desires [o suble[ t4e premises from the ?enant sha11 be made
by the Ci�y, whose decision shall be final; (f) che sub-tenant shall
cake appropriate safeguards, either in a financial cash damage
deposit or bond [o insu:e nro[ection of the tenants property, goods
and supplies and the City pronerty hereinafter descriSed in Paragraph
26.
26. Equipmen[: The Tenant and the City sha11 each resnectively
orovide the equipment as shown on ehe attached schedule marked�
Exhibit "A". The Tenant acknowledges [hat it is familiar with the
floor plan of the building and [he concession a:ea as shown on t4e
attached drawings marked Exhibit "A". If xor any reason additions,
delecions, or alCerations are desired by ehe Tenant, chen conditions
of Paragraahs 8. 14 and L9 sha11 appLy. Trade fixtures, aartieions
or any other equipment installed in, on, under or about t�e premises
by Tenant sha11 always remain the ?roperty of [he Tenan*_ and sha11
be removed at the e�cpiration of the eerm of chis Lease or any renewal
thereof or any oeher teraination tnereof, provided =4at any such
damage [o Che leased premises caused by Cne removal of such fistures,
partieions or ocher equipment sha11 be repaired by the Tenanc.
IN �dIT:VESS WE�REOF, the part±es have hereunco sec cheir
hands and seals this _ day of , 1981.
KIWANIS CLUB OF I.AKc5fl0RE OSHKOSH
sy:
ay:
CITY OF OSHKOSii
By:
By:
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EXkIIBIT '•B„
Tenant agrees to pay co the City a total of TwenCy-five
Thousand ($25,000.00) Dollars in annual installmenCS of Five
Thousand ($5,000.00) DolTars. The first installment shall be
paid on September 30, 1981 with an additional installment of
�ive Thousand ($5,000.00) Dollars to be paid annually on or
before Septembes 30, 1932, Sepcember 30, 1983, September 30, 1984,
and September 30, 1985.
Zn the event the Tenaat sha11 deiault in payment of the
Lease and does not cure the default prior to cke succeeding Ptay Lst,
then the Lease shall be cerminated.
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