HomeMy WebLinkAbout28725 / 77-18C
C
I�iarch 17, 1977 �18 RESOLUTION
INITIATED BY: PARKS DEPARTMEN`I'
PURPOSE: ENTER INTO LEASE TaITH CLUB I3 FOR SOUTH SIDE
LIGHTED DIAMOND CONCESSION
BE IT RESOLVED by the ComTOn Council. of the City of Oshkash
that the proper City officials are hereby authorized and C�1T'P_CtE'C1
to enter into the attached lease with Club 13 for the use of the
concession at the South Side Lighted Diamond. This lease shall
expire December 31, 1977.
(ATTACHMENT)
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SUB�ITTED BY
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APPRGVED��-,-.�� � � � � . . � E 6� (�a ..
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LEASE AGREEMENT
THiS AGREEMENT, made and entered into this `?�` day of � L.' , 1977 by
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and between the CITY OF OSHKOSH, a municipal corporation located in GJ!innebago County,
Wisconsin, hereinafter caTled the "City", party of the first part, and CLt1B THIRTEEN,
Oshkosh, Wisconsin, party of the second part, hereinafter called "Lessee",
WITNESSETH:
WHEREAS, the City desires to let out certain concessions to Lessee for the
convenience af 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 Sawyer 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 programs
to the City.
3. As a further consideration, Lessee promises that he will take care of the
diamond which includes:
a. turning the lights on and off,
b. placing and removing bases,
c. keeping the place looking neat and clean, and
d. other work incidental to keeping the b�ll 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 ;�atrons and to use all reasonable
effort to prevent vandalism or damage ta City property, and agrees to leave any
premises which he occupies at the end of the term in good condition.
5• Lessee further agrees to carry general liabi]ity insurance to insure against
damage or injury to any person or persons with the limits of such policy being $100,000
for injury or damage tc one person and $300,000 for damage or injury to more than one
person. 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 independent
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 Workmen's Cornpensation
coverage, even though not an employer under definition of the statute, and file a
copy of such 4Jorkmen's Compensation Insurance Policy in the office of the City C1erk
and maintain some in full force and effect at all times during the periad 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 granting of the privilege of operating
said concession.
9. This agreement shall continue for a period commencing on
and ending December 31, 1977.
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 ha.ve total
authority in scheduting events at the South Side Lighted Diamond and he shall adopt
policies for the use of said ball diamond. Said poticies 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. .
)2. Club l3, 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 written.
In the Presence o :
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Approved as to form and execution:
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a�'^�• C i ty Attorney - Ci ty of Oshkosh
CLUB HlRTEEN
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By : iC��,e %�i r-"�- � �` �_
CITY OF OSHKQSH .°
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