HomeMy WebLinkAbout30684 / 80-10May 1, 1980 # 10 F�SOLUI'SON
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PURPC,ZSE: E6PI'6'..R INiI� LF11SE WITH CLUB 13 - SOLPIH SIDE LIQiTED ➢ZAM)ND
INiTIATID BY: P11RFC5 DEPAFrIT+�Nr
BE IT Rr OLVED by the Conatt�n Council of the City of Oshkosh that the
proper City ofiicials are he_reby authorized and directed to enter into the
attached Lease with Club 13 for the use of the concession at the South Side
Lightecl Diaironc:.
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SIIBMITTED BY
APPROVED /��_.�
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this
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day of ,
1980, by and between the CITY OF OSHKOSH, a municipal corporation located in
Winnebago County, Wisconsin, hereinafter called the "City", party of the first
part, and CLUB THIRTEEN, Oshkosh, Wisconsin, party of the second part, hereinafter
called "Lessee",
WITNESSETH:
WHEREAS, the City desires to let out certain concessions Lo Lessee for the
convenience of the public and in support of youth programs,
NOW, THEREFORE, IT IS AGREED by and between the parties as follows:
1. Lessee shall have the right to operate the concession at the lighted
softball field at Saoryer Street in the City of Oshkosh.
2. For this privilege, Lessee agrees to publically support youth athletic
programs and submit an annual report of income and expenses pertaining to such
proorams to the City.
3. As a further consideration, Lessee promises that he will take care of
the diamond which includes:
a.
b.
c.
d.
turning the lights on and off,
placing and removing bases,
keeping the place looking neat and clean, and
other work incidental to keeping the ball diamonds in condition
for actual play.
4. Lessee agrees to provide ample supervision of the premises wherein his
concession is being operated as well as of his patrons and to use all reasonable
effort to prevent vandalism or damage to City property, and agrees to leave an�
premises which he occupies at the end of the term in good condition.
5. Lessee further agrees to carry general liability insurance to insure
against damage or injury to any person or persons or to any property with the
limits of such policy being $1,000,000.00 for injury to persons and $500,000.00
for damage to property. The Lessee will include the City of Oshkosh as a co-
insured under the herein described policy.
6. It is further agreed and understood that second party is an inde-
pendent contractor and not an employee of the City of Oshkosh and that should�
second party employ one or more employees he shall obtain the necessary Work-
men's Compensation coverage, even though not an employer under definition of the
statute, and file a copy of such Workmen's Compensation Insurance Policy in the
office of the City Clerk and maintain same in fu11 force and effect at all times
during the period of this contract.
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7. Second party shall furnish his own work quarters or a portable concession
stand and pay utility expense pertaining thereto.
8. Lessee further agrees to hold the City of Oshkosh harmless from any
claims, damages or otherwise, which may result from the �ranting of the privilege
of operating said concession.
9. This agreem�nt sha11 continue for a period commencing on
and ending December 31, 1980.
10. This lease shall be non-exclusive and the City reserves the right to
schedule the ball diamond at any time it sees fit.
11. The Recreation Director of the Oshkosh Area School District shall have
total authority in scheduling events at the South Side Lighted Diamond and he
shall adopt policies fot the use of said ball diamond. Said policies shall
include, but not be limited to tne following: admission charges, use of other
concession facilities, amplification systems and such other matters as the
Recreation Director in conjunction with the Director of Parks, deem necessary
for the efficient operation of the South Side Lighted Diamond.
12. Club 13, shall abide by all provisions of Section 19 of the Oshkosh
Municipal Code.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above writ[en.
In the Presence of:
Approved as to form:
City Attocnev, City of Oshkosh
,:�
CLUR THIRTEEN
By:
By:
CITX OF OSHKOSH
By:
William D. Frueh, City Manager
By:
Converse C. Marks, City Clerk
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