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Home My WebLink About28079 / 76-121��r� � 1976 # 12 RESOLUTION BE iT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to prepare in conjunction with CLUB 13 an appropriate lease for tre operation of the concession stand at the South Side Lighted Baseball Diamond at Sawyer 5treet. - 34 - .. . . . .. m.�e+w -�..:wM . . . . . . kT, ' ♦ �t � . + ��:. LEASE AGREEMENT �� TE:IS �GREE:�.iT, made and entered into this :'��q day of ` � , 1976, by and between the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, �'isconsin, hereinafter called the "City", party of the first part, and CLUB THIRTEEN, Osh'_{osh, Wisconsin, party of the second part, hereinafter called "Lessee", T,�'IT:�ESSETH : T��'��S, the City desires to let out certain concessions to Lessee for the convenience of the public and the City to enable the Lessee to make a reasonable profit on the enterprise, �0',�, THEREFORE, IT IS AGREED by and between the �arties 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 publicalZy 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 diazond 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 ball diamonds in condition for actual play. 4. Lessee agrees to provide ample sunervision of the premises wherein his concession is being operated as well as of his patrons and to use all reasonable eiiort to prevent vandalism or damage to City property, and agrees to leave any premises which he occupies at the end af the term in good condition. 5. Lessee further agrees to carry general liability insurance to insure against damaoe or injury to any person or persons with the limits of such policy being $100,000 for injury or danage to one person and $300,000 for damage or injury to more than one persoa. 1he 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 e�nlov one or more employees he shall obtain the necessary Workmen's Compensation cover�ge, even though not an employer under definition of the statute, and file a copy of such Workmen's Cor��pensation Tnsurance Policy in the of_fice of the City Clerk and �iatain sane in full force and effect at a11 times during the period of this contract. �� ` � . ` � � 7. Second party sha11 furnish his �wn work quarters or a portable concession sta:�d and pay utility expense �ertaining thereto. 8. Lessee further agrees to hold the City of Oshko�h harmless from any claims, damaoes or otherwise, which may resul� from the gr_anting of the privilege of operatzng saic3 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 r_eserves the right to schedule the ball diamond to other gronps on a single event basis; such other groups shall be limited to the use of the park for �hree days, either ane 3-day period or three 1-day events. I1. The Recreation Director shall have total authority in scheduling events at the South Side Lighted Diamond and he shall adapt policies for the use of said ball diamond by those other than Club 13. Said policies shall. znclude, but not be limited to the following� ad.mission charges, use of other concession faca.lities, and such other matters as the Recreation Director, in conjunction with the Director of Parks, deem necessary for the eff icient operation of �he South Side Lighted Diamond. I�1 WITNESS WHEREO�', the parties hereto have set their fiands and seals the day and year first above written. In the presence of: Appro ed as to form execution: '� '�, -- �''�'' City A torney - City ot Oshkosh CLU , Tt IRTEEN By� _�� • By o � ,� .n.�orl CITY OF SH Bp: � By : ' : � � �� -�� N r-I � � �� `� M r-I � � r--I U � � O � � � Ct� O � � O •,-I � � • �---I � O U] rn «3 N N c� a � L�- � � N � d � O � � � O � E� t,�j � O .,� � O � � ti �l r-I � ,� U � CC3 � .� ��. \� �� ` � � \ � � � �� %.� �� •� U