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February 16, 1978 # 5 RESOLUTION
PURPOSE: IIV'.t'ER IN'I'O L�EASE WITH CLUB 13 FOR SOU'I'H SIDE LIGEiTED DIANIOND
CONC;ESSION
IrTITIATED BY: PA�2K� DEPARZT�v-I'
BE IT RESOLVED by the Comrron Council of the City of Oshkosh that the
proper City officials are hereby authorized and di.rected to enter into the
attached Lease with Club 13 for the use of the concession at the South Side
I�ighted Diairond. This Lease shall expire December 31, 1978.
(ATTACi-IME'NT}
- 6 -
SUB�dITTED BY
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LEASE AGREEMENT
TNIS AGR€EMENT, made and entered into this day of , 1978, by
and between the CITY OF OSHKOSH, a municipal corporation lo�ated in Winnebago County,
Wisconsin, hereinaft�r called the "City", party of the first part, and CLUB THIRTEEN,
Oshkosh, Wiscohsin, party of th� s�EOnd part, hereinafter call�d "Less�e",
WITNESSETH:
WHEREAS, the City desires t� l�t out certain concessions to L�ss�e for the
conv�nience of th� public and in sWpport of youth programs,
NOW, THER€FORE, IT IS AGREED by and b�tween the parti�s as foltows:
1. Lessee shall have the right td op�rate the con�ession at the lighted
softball field at Sawy�r Street in the City of Oshkosh.
2. For this privil�ge, Less�� agr��s to p�blically support youth athl�tic
programs and submit an annual rePort of inc�me and exp�ns�s pertaining to such programs
to the City.
3. As a f�rther consid�ration, L�ss�� promis�s that h� witl tak� care of the
diamond which includ�s:
a. turning the lights on and off,
b. placing and removing bas�s,
c. keeping the place l�oking neat and clean, and
d. other work in�idental t� k��ping th� ball diamonds in condition
for actual play.
4. L�ssee agrees to pr�vide ampl� sup�rvision o� the pr�mises wherein his
concession is being op�rat�d as w�ll as of his patrons and to us� all reasonabl�
effort to prevent vandalism or damage to City property, and agress t� leave any
premises which he occupi�s at the end of the t�rm in good condition.
5. Lesse� further agrees t� carry g�neral lia�ility ins�rance to insure against
damage or injury to any person or persons with the limits of such policy being
$100,000 for injury or damage to one p�rson and $300,000 for damage or injury to more
than one person. The Lesse� will in�lud� the City of Oshkosh as a co-insured under
the herein described policy.
6. It is further agreed and understood that sec�nd party is an independent
contractor and not an employee of th� City �f Oshkosh and that should second party
employ one or more emplaye�s h� shall obtain t�e n�cessary Workmen's Compensation
coverage, �ven thoWgh not an employ�r und�r definition of th� statut�, and file a
copy of such Workmen's Compensation Ins�rance Policy in th� office of the City Clerk
and maintain same in full forc� �nd effect at ell times d�ring th� period of this
contract.
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 C►ty of Oshkosh harmless from any
claims, damages or otherwise, which may result from the granting of the privilege
of operating said concession.
9. This agreement shall continue for a period commencing on
and ending December 31, 1978•
10. This lease shall be non-exclusive and the City reserves the right to
schedule the ball diamond at any time it sees fit.
]1. 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 for the use of said ball diamond. Said policies shall
include, but not be limited to the 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 l9 of the Oshkosh
Municipal Code.
IN WITNESS WHEREOF, the parties hereto have set their hands and sea]s the
day and year first above written.
In the Presence of:
Approved as to form and execution:
Assistant City Attorney, City of Oshkosh
CLUB THIRTEEN
Sy
By :
CITY OF OSHKOSH
By :
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