HomeMy WebLinkAbout30028 / 79-11n;�r.il 5, 1979 " 1'_ RFSOLC,TION
P:;RR`X`;: EN'I'FuR IN'IC LyASE W7ITf3 QC,'B 13 - SO[iTY, SIDE LIGHTF'� DIAP101�II>
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City ufiicials are hereay authorizc�l and directed to enter int� the attach�l
Iease witli Club 13 for the ��se of the con�ession at the Sou�h Side Lighted
D�.armoncl. Tt.is I.ease shall �ire I�can*aer 31, 1979.
(ATTA��7T)
SU3?d:�T'rF;� BY
_ ��_ _
LEASE AGREEMENT
1NIS AGREE�"��tdT, made and entered into this day of
t-
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Y
t975, bY
and bet�:een the CITY OF OSH:OSH, a municipal corporation locate.d in blinnebago County,
Wiscor,sin, hereir.aFter ca{led the "City", party of the first part, and CLUt3 7HIR'1'EEtJ,
Oshko�h, Wisconsin, party of the second part, hereinafter called "Lessee",
4:fTNESSETH:
4lHEREAS, th� City desires to let out certain concessions to Lessee for the
co���=:- � e�ce oF the nuul ic and i n suppo� � eE youti� pror,rams,
_._�:i� ��H�' il..=� 11� 1'.� . =ED `.� � ��. � �,_�n �ii� ,,aitl�, �is u i:]�..�.
1. Lessee shall have the right to operate the concession at the lighted
softbail rield at Sawyer Street in the City oF Oshkosh.
2. For this privilege, Lessee agrees to publically support yoirth athletic
progra�s and subr�:it an annual report of income and expenses pertaining to such Programs
to the City.
3• As a Further consideration, Lessee promises that he will take care of the
diamor,d which includes:
a.
b,
c.
d.
turning the liyhts on and off,
plicing and removing bases,
ke�ping the place looking neat and clean, and
othar ��ork incidental to keeping the ball diamonds in eondition
for actual play.
4. tessee ayrees to provide ample supervision of the premises wherein his
concossion is bAin� operated as well as oF his patrons and to use all reasonable
effort to preven: vandalism or damage to City property, and agress to leave �ny
premis-:s which he occupies at the end of the term in good condition.
5• Lessce further agrees to carry yeneral liabilitv insurance to insure against
damage or injury to any person or persons witi� the limits of such policy being
$100,C^0 for injury or damage to one person and $300,000 for damage or injury to more
than cri= person. The Lessee will include the City of Osh'�osh as a co-insured under
the h��eir, descri5ed policy.
6. it is furtner ayreed and understood that second party is an independenY
contra�tor and n-�t an employce of the City of Oshkosh and that shouid ,econd party
err.plo•; one or roo�e employees he shall obtain the necessary Workmen's Compensaeion
covera;e, even though not an employer under definition of the statute, and file a
copy or' such Wor�:�en's Compensation ;nsurance Policy in the office of the City Clerk
and r.;intain same in full force and effect at all times during the period oE this
conrra=C.
�
�
Second arC shall furnish hi=_ o�an a!ork quarters or a rtable conc�� �
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stand and pay utility expense pertaining thereto.
8. Lessee further agrees to hold the City of Oshkcsh harniless from any claims,
dama9es or other��rise, which may result from the yranting of the privilege of operating
said concession.
9. This agreement shall continue for a period co�,.mencing en
and ending 6ecember 31> t979
)0. This lease shall b� non-exclusive and the City re;erves the righi to
s. '.' . _.. _,l ,.� ,.! c�_ . ;i t, � _ (i _.
71. (he Recreation Director oF the Oshkosh Area School Districh shali have
total authority in schedulin9 e.vents at the South Side Lighted Diamond and he shall
adopt policies for the use of said ball diamond. Said policies shali include, but
no[ be limited tq the following: admission charges, use of oYher concession facilities,
ampiification s�stems and such other matters as the Recreation DirecY�r in conjunction
with the Director of Par!:s, deem necessary for the eFfici�nt operation of the South
Side Lighted Dianiond.
12. C1u6 13, shall abide hy all provisinns of Section 19 of the Oshkosh Municipal
Code.
Ih WITNtSS WN[REOF, the parties hereta have set thcir hands and seals the day
and year first above written.
tn the Presence of:
Approved as to form:
City Flttorney, City o� pshkosh
CLUB iHIRTEEH
�
�
CiTY OF ��HKOSH
By:
Wiltiam D. Frueh, City Planager
By:
Converse C. Narks, City Clcrk
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