HomeMy WebLinkAbout28221 / 76-04� •
June 3, 1976
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RESOLUTION
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Bi, 1'I' RESO.l,v.c,D 3?j% �'CLiC t,�VllulwiL :�vUti; 1.i G.L t�tiG Ci �y .i+_
Oshkosh tha� �he proper �ity officials are hereby authorized and
directed to enter into an approprfate �ease agreement with PI
�IG'�A EPSILO�I-BETA TH�TA CHAPTER, UNIVERSITY OF WISCONSIN-OSHKOSH
to lease concessions at Fallock Pool for a 3-month period from
June through September 5, 1976.
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•,LEASE AGR�EMENT
THIS AGR.EE►�r(FNT, made and entered into �his
day of � r 1976,
by and bet�veen the CITY OF OSHKOSH, a municipal corporation located in
;Yinnebago County, Wisconsin, hereinafter cal.led the °tCity", party of
tn? iirs� part, and PI SIGMA EPSILO[�-BETA �HETA CHAPIER, UN:CVE�SITY OF
;,_± �,�;�IS ��I-OS��<OSH, Osh'.tiosh, �'lisconsin, par�� of the second part, here-
ina=�-er called "Lessee" ,-
�'IIN�SSETH:
�'i;-iu�EA.S, the City des�res to let out certa�.n concessions -to Lessee
ior_ -�he con:�enience of the publ.ic a�d the Ci�y to pravide professional
and business expense to the memb�r of the �.�ssee during �he summer of
1970,
NG'4'�, ZHER�FO�E, II IS AGREEI� hy and between the parties as follaws:
l. Lessee� shall have �h� right °to o�era�e the concession at
pot lock Pool, located at 613 Nor�h Eag1e= zn ��e City of Oshkash.
2. For this privilege, Les�ee will gain pract��a� professiQr7a�,
.
business expertise and college credit toward a co].�ege degree and will
su^:ni-� an annual report of income and expense pertaining to such sales
oi �he cancession to the City.
3. Lessee promises that he will iake care of +.he concession stand
:•�n� ch includes :
a. keeping -Erash and other debris picked up in and
around the stand and adjacent sitting area which
is enclosed by a chain link fence,
b. main-�aining the premises in a cl,ean and ;anitary
condition and in accordance witl� City and State
heal�h standards.
c. securing the facilifiies at the end of the business
day.
d. all merchandise sold must conform with allowable Gity
liscenses and be of good quality. No alcoholic
beverages.
4. Lessee agrees to provide ample supervision of the premises
�•i::erein his concession is bezng operated as wel�. as of his pa+�ons and
to usz al� reasonable effori to prevent vandalism or damage to City
pr���?- i,y, and agrees to leave any premises whicfi he occupa.es at +.he
end o.� fine ierm in good condition,
5. Lessee further agrees to carry ger�eral Ia.abi�.ity 5.nsurance to
in;:.�re against damage or injtary to any person or persons with t}ze �imii;s
or s�.�ch policy be�ng $25,000, for inju�y or damage to one person and
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�, 5�0,000. for damage or injury to r�o�e f:han one person, The Lessee 'k
vr� 11 incI.ude the City of Oshkosh as a co-insured under the herein
described poZicy.
6, It is further agreed and unde�stood �that secand party is
an ir.dependent contractor and not an emplayee of the Czty of Oshkosh
ar.d �ha� shoul.d second party employ one or more employees he shall
o:� ��� n L'n� necessa�y tirorkman� s Compensai.ion coverage, even -though no�t
an ec:��ployer under definition af +he sta-tus, and �ile a capy of such
�'�o_'_�crr,enTs Compensaiion Insurance Policy in ti�e af£ice of -khe Ci��y �
� CZer:� and maintain same in full force and effect at all times during
�: � period of this can-�ract.
7. Lessee will opera-te only the small concession stand �ocated
on �ze pool pro�erty,
8. L�ssee further agrees to hald the C:ity �f Oshkosh h�rmle �s
fra-n any claims, damages or otherwise, ` which may result from ihe �rant�-
�ng o� -�he privilege of operating said concessiono _ �
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9. Tnis agreement sha11 contznue for a 3 man-��eriod ' c�
ca Se;� �emb�r 5, 1976.
10. Incase of inclemen� or unseasonable col.d weather, the Director
o= ��ks sha11 have the authori�y to either permit or deny the opening
o_' c! osing of ihe stand.
11. The Director of Parks shall have the authority -�o auda.t
p=1ces as may deemed nece�sary and ihe Lessee shall at the end of the
Zez�z period submz� an audii report ta the City.
IN '�'JI°IitiESS �"JHEREOF, the parties hereto have set their hands and
sc?ls the day and year first above written.
� n �i:z presence of :
r:��ro'%�d as to form and execution:
C' 4Y ���orney - City of Oshkosh
Pi SIGMA EPISILON-BE?A THETA
:
Bye
CI�Y OF OSHKOSH
By:
By:
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� � �i3 � /
LEASE AGREE"IFiUT
�a��acK �ao� �o�vc�ss � otv
THIS LEASE AG°EEi-1E�iT, made and entered into this ��/ day
o� June, 1970, by and betti��een the CITY OF QSHKOSH, a municipal corporation
located in tdinn2bago County, 4Jisconsin, hereinafter referred to as "City",
party of the first part, and PI SIGMA EPSILON-BETR THETA CHAPTER, t1NIVERSITY
OF 1�lISCQ`�SIN-�OSNKOSH, O�hkosh, Wis�onsin� par�iy c�f �.fie second p�rt, and
herei nafier r��'erred ta as "Lesse�°' $
WITN�SSETN:
&tHEPEAS, th� City desires to lei au� certa�n conces�ions to
Lessee far the convenienee of the pub�ic and trie Gi�y �o pravi�� p�of�ss�ar�al
and busi n�ss experi ence ta �h� mem��r� af tF�� G.essee duri r�g ��i� summ�r of
1976,
as fol l o�rrs :
PiO��, THEREFORE, IT IS HEREBY AGREED by and between ttre parties
e. Lessee sha'1 have the righ� to op�r�aie the concession at
Pollock Pool located at 613 horth Eagle Street in the City of Oshkosh.
2. For this privilege, Lessee evi11 gain practical professionai
business expertise and college credit to�,vard a callege degree and 4�i11
submit an annual report of income and expense pertaining ta such sales
af the concession to the City.
3. Lessee promises that he wi11 take care of the concession
stand ��rnich includes, but not limited to:
a. keeping trash and other d�bris picked up in and
around the stand and adjacant sitting area which
is enciosed by a chain link fence�
b. maintaining the premises in a clean and sanitary
condition and in accordance with City and State
health standards.
c. securing the facilities a� the end of the business
day. �
d. all rr�rchandise sold must conform with a`17o�,vable
City licenses and be of good quality. Na alcoholic
beverages are alloaved.
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� 4. Lessee agrees to provide ample supervision or ih� pre�ises
wnerein the concession is being operated as well as o� �ne patrons and
�o use all reas�nable ef�or� to prevent vandalism ar da;:l:,� �a C-ity
�roperty, and further agrees to ieave the premises ��ahich i� occu�ies
at the enc! of the term of th�s agreement in good condiL-iene
5. Lessee further agrees to carry general liability insurance
to insure againsi damage or injury to any person or pprs�ns with the
limiis of such policy being �25,O�Q for injury or damage to one
person and $50,000 for damage or injury to more than one p?rsan. The
Lessee shall inc7ude the City of Oshkosh as a co-insured under the
herein descrzbed policy.
6. It is furth�r agreed and understood that gar�y o� the
second part is an independent contractor and not an employez of the
City of OsF�fcosh and that should second party employ one or rore
enployees, he shal] obtain the necessary 4lorkmen's Co�p�nsa�ior�
coverage, ever. t!;ough not an em�?oye�-under the ��finition o; i�e
w'isconsin 5taiu�es, and file a copy of such t��orkmen's Co�^?ersation
insurance policy in �he office of the City Clerk and naintain sa�� in
fu11 force and e;fect at all times during the period of �his contract_
7, Lessee �ii11 operate only the small concession s�and
located on the PQ17ock �oo� pr°opert��
8. Lessee further �grees to hoid the City o► Oshkash harmless
from any claims, damages or otherwise, ti��hich may result �ro� the
granting of �he priv77ege of opera�tYng said con�ession.
9. This agreem�ent shal7 be in effect far an ap�roxirate
inree-month period beginning in June 1976 ard terminating cn
Septerber 5, 1976.
10. In case of inclement or unseasonably cold �•rea�her, th�
Direc�or of Parks sha71 'nave the authority to either d�ry or p�rmi�
�ne operation of the concession stand.
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11. The Director of Parks shall have the authority to audit
pr�ices as may be deemed necessary and the Lessee shall at the end
of the �ease period submit an audit report to the City.
1z, This agreement appraved by the Oshkosh Common Council
pursuani to resolution duly adopted by said Council on the 3rd day
of June, 1�76.
IN WITNESS �lHEREOF, the parties hereto have set their hands and seals
the day and year first written above.
In the �re5ence �f:
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PI SIGMA EPSILON
BETA TNETA CHAPTER - Lessee
By : � � �% � �
By : �� � C�� �l%1��
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CITY OF OSHKOSH - Lessor
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� VID L, t1FNDTLAN , Acting Ci�y h�anag�r
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CONVERSE C, h1ARKS, Citq �lerk
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