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Home My WebLink About29411 / 78-08A.pril 6, 1978 � 8 RESOLt7'I'ION PURPC�SE: EI�IrI'ER INTO AGRE�IT WITH UNIVEgSTZy OF WISCONSIN-C�SHI{�ii 1TIITIA2'�'r.D EY: PARKS DEPARZT�'"�'N'r HE, IT RESOLVID by the �maron C�uncil of the City of Oshkosh that the proper City offic.ials are hereby authorized and directed to enter into the Mesnorandtnn of Agreer�en� attached hereto and incorporated herein by reference with the University of Wisconsin-Oshkosn for the development of the "UW-p old athletic field" as a �k/plaL-�-ound. - II - � • � .. MEMORANDUM OF AGREEMENT � ' . WNEREAS, the University of 4lisconsin-Oshkosh owns certain property in the City of Oshkosh, and WHEREAS, the Univer.sity is willing to cooperate with the City of Oshkosh for utilization of said property as a neighbor- hood park facility and public facility, and WHEREAS, the City of Oshkosh has a need to improve, re- develop, and maintain an existing park/playground in this imme- diate area, W�-:E°��S, Se�ti�n o0.30 of tne Wisconsin Statutes authorizes intergovernmental cooperation between the City of Oshkosh and the Untversity of Wisconsin-Oshkosh, NOW, THEREFORE, li IS HEREBY AGREED by and between the parties as follows: 1. The Un�versity of Wisconsin-Oshkosh wiil autharize the City of Oshkosh to use the land known as the "UW-0 old athletic field" for a neighborhood park site. Said property described as follows: Leach's Map, block 130, lot 2,.south of Congress Avenue except west 135.6' of south 205'; atso lot 3 south of Congress Avenue except east 123.3' of south 205' of lot 3, block 130, in tf�e 12tfi ward. 2. The City of Oshkosh will submit a development plan to the University of Wisconsin-Oshkosh and receive approval of said plan priar to any development taking place. 3e The City of Oshkosh will maintain all facilities con- tained within the site, including but not limited to police pro- tection, turf ma+ntenance, trash reunoval, equipment care, and snow reTovai from sidewalks. 4. The City of Oshkosh agrees to indemnity and hold harm- less the University of Wisconsin-Oshkosh and the State of Wisconsirt for any damages to persons and property that would occur as a result of the use of this property as a neighborhood park. -1- . 5. This agreement wiit be �ffective on the day of , 1978, and r�il) bind the University to its provisions for an indefinite period, with the provision that the City or the University ray terminate this agreement at any time upon one year written notice, 6. Should the State Board of Regents decide to seli, trade, declare surplus, or in any other manner dis.pose of the property, the City will either negotiate for the permanent acquisition of the property, or, upon one yea� notice, remove itself and any improvements, whichever is determined to be in the best interest of the City. In The Presence Of: University of Wisconsin-Oshkosh By: City of Oshkosh By: . , , MEh10RANDUM OF AGREEMENT WNEREAS, the University of Wisconsin-Oshkosh owns certain property in the City of Oshkosh, and WHEREAS, the tlniver.sity is willing to cooperate with the City of Oshkosh for utilization of said property as a neighbor- fiood park facility and pub)ic fac+lity; an� WHEREAS, the City of Oshkosh has a need to improve, re- develop, and maintain an existing park/playground in this imme- diate area, WHEREAS, Section 66.30.of the Wisconsin Statutes authorizes i ntergovernrr,enta 1 cooperat ion bet�rreen the C i ty of Oshkosh and the University of Wisconsin-Oshkosh," NOW, THEF,EFORE, IT !S HEREBY AGREED by and bet�•�een the parties as fol�ows: - 1. The U�iversity of Wisconsin-Oshkosh will authorize t�►e City of Oshkos� to use the land known as the "UW-0 old athietic field`° for a r,eighborhood paric site. Saic1 proper.ty ciescribed as follows: Leacl�'s Map, block 130, lot 2,-south of Congr�ss Avenue except ti��?st 135.6' of south 205'; aiso tot 3 south of Congress Avenue except east 123.3' of south 205' of lot 3, biock 130, in �he 12th ��rard. 2. Ths City of Oshkosh wi11 submit a development plan to the University af Wisconsin-Oshkosh and receive approval_of said plan prior to zny development taking place. 3. The City of Oshkosh will maintain all facilities con- tained within ;ne site, including but not limited to poiice pro- tection, turf naintenance, trash removal, equipment care, and snow re�ova l f rom s i de►Ya ] ks . - 4. The City of Oshkosh agrees to indemni�y and hold f�arm- less the University of Wisconsin-Oshkosh and the State of Wisconsin for any damages to persons and property that would occur as a result of the use of this property as a neighborhood park. -1- �.��_ . . _� ,�, 5. This agreement wiil be effective on the 5� day of June , 1978, and Y�i 11 bi�nd the Universi ty to its provisions for an indefinite period, with the provision that the City or the University r,.ay terminate tE�is agreement at any time upon one year written notice. 6. Should the State Board of Regents.decide to seli, trade, declare surplus, or in any ottier manner dispose of the property, the C i ty wi 1 1 ei ther negot i ate for the �@E"fil�1�B�:#: � acquisition of the property, or, upon one year notice, remove itself and any improvements, whichever is determined to be in the best interest of the City. Universi.ty of Wisconsin-Oshkosh ay: Robert Birnbaum, Chancellor City of Oshk B Y � �`�// �h . : � ��=�G� rueh, City Manage: � % Conve se . r s, r In The Presence Of: � �� .r v � . l i/Li + R TO FORM�: Jo . 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