HomeMy WebLinkAbout28049 / 76-26� � �� � 9 1976
# 26 RESOLUTION
W:!EREAS, the Ci��y of t3shkash has herct�t�fare adve?�tifi�r.i f��-
bids f�r concessions for 1976, and
P7HEREAS, upon the opening and tabulation of bids, it appears
that tne foZlowing is �he �ole laid:
RICHARD O. WESENBE�tG
1010 E. Nevada Avenue
Oshkosh, Flisconsin 54901
$340.00
Por�able Concession
at M�:nomin�� ��ark
NOW, THE�tEFORE, BE IT RESOLVEI� by thc Cbnimon Collnci,l. Of the
City of Oshkosh that the said bid is hereby accepted and the proper
City officials are hereby authorized and directed to enter inta an
appropriate agreement for the purpose of same, all accordzng �o
p'ans, specifications, and bid on file.
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,28-v �"/
AGREEMENT FOR MENOMINEE PARK CONCESSIONS
THIS AGREEMENT, m3de and entered into this ;�- day of
__�'" v' , 1976, by and between RICHARD O. WESENBERG, of
1010 East Nevada Avenue, Oshkosh, Wisconsin, party of the first
part, hereinafter called "Lesse�", and the CITY OF 05HKOSH, a
municipal corporation located in Winnebago CountyF Wisconsin,
hereinafter referred to as "City", party of the second part,
WITNESSETH:
�7HEREAS, the Common Council of the City of Oshkosh }�y
resolution duly adopted on the 19th day of k'ebruary, 1976, accepted
the bid of the tirst party and authorized and directed the proper
City off icials to enter ir�to an appropriate agreement with the party
of the first part for the PORTABLE CONCESSTON TN MENOMINEE PARK in
the City of Oshkosh in return for the sum of Three Hundred Forty
Dollars ($340.00) plus a Ten Dollar ($10.00) fee far electricity
during the 1976 season,
NOW➢ THEREFORE, pursuant to said r_esolution of the Common
Council of the City of Oshkosh, the parties hereto agree as
followso
1e Lessee is hereby granted the privilege of operating
the Portable Concessian in Menominee Park at reasonable hours of
the day for the 1976 season and for this privilege shall pay to the
City of Oshkosh the sum of Three Hundred For�y Dollars ($340.00)
plus a Ten Dollar ($10.00) fee for electricity.
2. Lessee agrees that he will at all times kE��p the area
used by him in a clean and attractive manner and will not permit
refuse or other otfensive substances to accumulate at any time.
3. Lessee further agrees that he �aill 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 s�me including such protection T�essee agrees to carry public
__ _ _ __
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liability insurance in the amount of One Hundred Thousand Dollars
($100,000.00} for one person and Three Hundred Thousand Dollars
($300,000.00) for one accident.
4e 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. Tt is further agreed and understood that first party
is an indenendent 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 �r7arkmen's Campensation coverage, even
though not an employer under definition of the Wisconsin Statutes,
and file a copy of such Workmen's eompensatian 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.
6e Lessee further agrees to hold the City of Oshkosh
harmless from any claimc damages, or otherwise which may result from
the granting of the privilege of operating said Portable Concession
in Menominee Park.
IN WT�'NESS WHEREOF, the parties hereto have executed this
instrument on the day and year fi�st abave writLen.
In the presence of:
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LESSEE
,:1 t D ., �n.
$�t ; �"t--'• � yi,.�'`�Z ' �, . ' , 1„� ` , '�'L`�,.`'�'�.t.
Richard O. Wesenterg ,�
CITY
., i�-�' y� � '� ���''// �� - By:
-���
�) ._.�'� By :
Ref: Res. �26 of 2-19-76
_ 2 _
F �SHKO H
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�id L. Wendtland, Atg. City Mgr
�_/���2 Z�Z '�i�i%
Converse C. r
�K�,,"�^!: Y7),:��i'-t_
7
'rkJ,,§; �City Clerk
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