HomeMy WebLinkAbout28716 / 77-09March 17, 1977
INITIATED BY:
PUP.POSE :
�9 RESOLUTION
CITY OF OSHKOSH
LE�SE PORTABLE CONCESSION AT MENOMINEE PARK
�4HE�AS, the City of Oshkosii has hereto�ore advertised for
bids for leasing th� portable concession at �Ienominee Park for 1977, and
titi'HEREAS, upon the opening and tabula�ion of bids, it appears
that the following is the sole bidder for 1977 concessions�
RICHARD O. WESENBERG
1010 East Nevada Avenue
Oshkosh, �Visconsin
To pay to City $350.00
NOta, THEREFORE, BE IT RESOLVED by the Common Cc,uncil of the
City of Oshkosh that the said bid is hereby accepted and approve.d
and the proper City officials are here�y authorized and directed
to enter into an appropriate agreement for the purpose of same.
S'JBAiITT�D BY
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AGREEMENT FOR MENOMINEE PARK CONCESSIONS
THIS AGREEMENT, made and entered into this 7�'" day of
�
, 1977, by and between RICHARD O. WESENBERG, of 1010 East
Nevad Avenue, Oshkosh, Wisconsin, party of the first part, hereinafter
called "Lessee", and the CITY OF OSHKnSH, a municipal corporation locat�d
in Winnebago County, Wisconsin, hereinafter referred to as "City",
party of the second part,
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by resolu-
tion duly adopted on the 17th day of March, 1977, accepted the bid of
the first party and authorized and directed the proper City Officials to
enter into an appropriate agreement with the party of the first part
for the PORTABLE CONCESSION IN MENOMINEE PARK in the City of Oshkosh in
return for the sum of Three Hundred Fifty Dollars ($350.00) during the
1977 season,
NOW, THEREFORE, pursuant to said resolution of the Common-:.
Council of the City of Oshkosh, the parties agree as follows:
1. Lessee is hereby granted the privilege of operating the
Portable Concession in Menominee Park at reasonable hours of the day for
the 1977 season and for this privilege shall pay tfl the City of Oshkosh
the sum of Three Hundred Fifty Dollars ($350. 00) �.
2. Lessee agrees that he will at all times keep the area
used by him in a clean and att�ractive manner and will not permit
refuse o� other offensive substances to accumulate at any time.
3. Lessee further agrees that he will insure and keep insured
the concession stand so as to protect any person using same, including
any child, against loss or damage to person or property using same in-
cluding such protection lessee agrees to carry public liability
insurance in the amount of One Hundred Thousand Dollars ($i00,000.00)
for one person and Three Hundred Thousand Dollars ($300,00O.00j' for one
accident.
4. It is agreed that the space or area to be occupied by
Lessee's concession shall be an area as designated by the City.
5. It is further agreed and understood that first party is
an independent contractor and not an employee of the City of Oshkosh
and that should first party employ one or more employees, he shall
obtain the necessary Workmen's Compensation coverage, even though
not an employer und�r definition of the Wisconsin Statutes, and file
a copy of such Workmen's Compensation insurance policy in the office
of the City Clerk and shall maintain same in full force and effect at
all times during the period of this contract.
6. Lessee further agrees to hold the City of Oshkosh harm-
less from any claim, damages, or otherwise which may result from the
granting of the privilege of operating said Portable Concession in
Menominee Park.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year first above written.
In the presence of:,
i� ' -" M.
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Approved as to form and execution:
��c �,_ � �
JOHN W. PE CE, ty Attorney
WILLIAM P. NAGLE, Asst. City Attorney
LE SSEE
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By: C.� � .� ,-�
CHARD O. WESENBERG �
CITY OF
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�HKOSH
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i �D. , FRUIIH, Ci:ty .:
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y Clerk