HomeMy WebLinkAbout28143 / 76-19N -
. .j _ _�- _
April 15, 1976
# lg RESOLUTION
BE IT RESOLVED by the Camman Counca.i o� the City of Oshkosh
that the proper City officials are hereby authorized and �.irec�ed
to enter into the attached Iease with CLUB 1"3 for the operation
of the concession stand at the South Side Lighted �aseball Diamond
at Sawyer Street� p
- 2� -
�'I�l'fITTrL'� BY _�,____,,_
(�
Ef\{ ,' ,�__..-.--..�—.
��L t1V Y L' ��i � 4� , . ' � c'� 7 � '_
m
0
x
April 2Q, i97�
Mr. Jerry E. Wetterau, Presic�ent�
CLUA THIRTEFN . _ _. .
c/o 4shkosh Trophy ,.�x ,. � :.,5.
2343 Ja�kson S�reet :<< . , . ' '
Oshko�h, Wisconsin 549Q1� . � e
Dear Mr. Wetterau� , . „
Enclosed herewith is the origi�t�l and two capi�s o�
the leas+� betw�en Clu�► 13 _snd the .City oi �shkosh
for conce�sions at the South .�ide .Lighted Ba:�eball
Diamond. '�his �ea�e was appr.oved iay. .�he Ci�y Council
on April 15, 3976. _ �
Piease hav� the Prox�er Club .13 .�offa.cials execut� this
le�.se and return a31 copi�� to our o�fi�e for �xecution
by the City. We w�.11 re�.urn a con�ormed copy to you for
your record�. . ...
Thank you.
JWP�fhh
Enclosure
cc w/enc , - Cit�r Cl�rk
,, >�
��
V�ry truly your�,
GIT� QF 4SHFCOSH
JOHN �. PENGE
City Attorn�y
n
LEASE AGREEMENT
THIS �GREE,iE;:T, �ade and entered into this day af
1976, by
and between the CITY OF OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin, hereinafter called the "City", party of the first part, and CLUB THIRTEEN,
Oshkosh, Wisconsin, party of the second part, hereinafter called "Lessee",
WITi�;ESSETH:
WHEREAS, the City desires to let out certain concessions to Lessee for the
convenience of the public and ttte City to enable the Lessee to make a reasonable
profit on the enterprise,
NOtJ, �REFORE, IT IS AGREED by and between the parties as followso
1. Lessee shall have the right to operate the concession at the lighted
softball field at Sawyer Street in the City of Oshkash.
2. For this privilege, Lessee agrees fio publically support youth athletic
programs and submit an annual report of zn�ome 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 includeso
a.
b.
c.
d.
turning the lights on and off,
placing and removing bases,
keeping the place looking neat and clean, and
other work incidental to keeping the ball diamonds in condition for
actual play.
4. Lessee agrees ta provide ample supervision of the premises wherein his
concession is being operated as well as of his patrons and to use all reasonable
effort to prevent vandalism or damage to City property, and agrees to leave any
premises which he occupies at the end of tl�e term in good condition.
S. Lessee further agrees to carry general liability insurance to insure against
damage or injury to any person or persons with the limits of such po7.icy being $100,000
for injury or damage to one person and $300,000 for damage ar injury to mare 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 �n indepzndent
contraetor and not an employee of the City ot Oshkosh and that shou�ld second party
eB;ploy one or more employees he shall obtain �he necessary Worlunen`s Compensation
coverage, even though not an employer under definition o£ the statute, and file a
copy of such �tiorlcmen's Compensation Insurance Polic}� in the affice of the City Clerk
and �aintain same in full force and effect at all times during the period of this
contract.
�
�
�I. Second party shall furnish his own work quarters or a portable concession
staad and pay utility expense pertaining thereto.
8. Lessee further agrees to hold �he 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 one-year period commencing on April 1,
1976.
10. This lease shall be non-exclusive and the City reserves the right to
schedule the ball diamond to other groups on a single event basis; such aT.her groups
shall be limited to the use of the park for three days, either one 3-day period or
three 1-day events�
11. The Recreation Director shall have total authorit� in scheduling events at
the South Side Lighted Diamond and he sha11 adopt policies f.or the use of' said ba11
diamond by those other than Club 13. Said polici.es shall include, but not be I.imited
to the following: admission charges, use of other concession �aciJ.ities, and such
other matters as the Recreation Director, in conjunction with the Director of Parkss
deem necessary for the eff icient operation of the South Side Lighted Diamond.
IN WITI3ESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
In the presence of:
Approved as to form and execution:
City Attorney - City of Oshkosh
CLUB THIRTEEN
sy:
By:
CITY OF OSHKOSH
Bye
By:
�
rn o
� �
�
a�
�
c�
a�
�
N
�
` t,� �
�: �
� c�
�` O
�'� �
�
O
�ri �
� �
r-I
O A
� �
N r-I
��l�c�
�\�
.-.
�
J-� �
� �
O �
� �
�
O ,
H �
N
.,�
� �
O �
Cd
T-I �
�
O
�
, ._.. _.. __... _ . _....._4_.._. ,.
i.... ... _ .,....�._,�
� �
.__ . ,. . _ . . ._. _ .. �-,
! i
�
:
_ _ ' i
; i
, �
� _ :_��� �;..:,:' A»�
�
ti
rn �...
,-i \ $�-+
lfl �
r-I c-`� r-I
1
r-I �
v-i v p 'J��
fi-i 5U +�
¢, •r-f
EC �
�
�
^
�`