HomeMy WebLinkAbout27454 / 75-10# 10 RESOLUTION
F E� 2 01975
WHEREAS, the City o£ Oshkosh has heretofore advertised
for bids £or Concessions £or 1975, and
WHEREAS, upon the opening and tabulation of bids, it
appears t?��t tl.a following are tiie soie bidders:
POP'S CORN WAGON
1010 E. Nevada Avenue
Oshkosh, Wisconsin 54901
EVERETT W. FOLLETT
155 N. Campbell Road
Oshkosh, Wisconsin 54901
Portable Concession
Menominee Park
$460.00 (plus $10.00
£or electricity)
Canoe Rental
Menominee Park
$150.00
NOW, THEREFORE, BE IT RESOLVED by the Co[nmon CoUncil of
the City of Oshkosh that the said bids are hereby accepted
and the proper City o£ficials are hereby authorized and
directed to enter into appropriate agreements for the purpose
of same, all according to plans, specifications, and bids on
file.
�T:k:i`i. �')
__... ._ _..
. .. i 6'L^.D ___ __
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A G R E E M E N T
}h
THIS AGRHEMENT made and enterad into thie �� day oi
jhpe,-� , 1975, by and between POP'S CORPJ WAGOta, 1010 East Nevada
Street in the City oi Oshkosh, Wisconain, party of the first part,
her�inafter called "Leasee", and the CITY OF 09FIROSH, a municipal
coxporation located in Winnebago County, Wisconsin, hereinafter
referred to as "City", party of th� aecond part,
WITNESSETH:
NkiEREAS, the Common Council of the City of Oshkosh by
resolution duly adopted on the 20th day of February, 1975, accepted
the bid of the firat party end authorized and directed the proper
City oPficials to enter into an appropriate agreement with the party
of the first part for the PORTABLE CONCESSION AT MENOt1INEE PARK in
return £or the sum of Four xundred Sixty Dollara (5460.00) plus a
3'en Oollar ($10.00) fea for electrioity during the 1975 season,
NOW, THEREFORE, pursuanY to said resolution oP the Common
Coancil oP the City of Oahkonh, the partiee hereto ngree as follows:
1. Leaaee is hereby qranted the privilege of operating the
Porteble Conceaeion in Menominee Park at reasonable houra of the day
for the 1975 eeaeon and for this pzivilege sha11 pay to the City of
oahkoah the aiu¢ of Four xundred Sixty Dollare ($460.00) plua a Ten
Dollaz ($10.00) fee for electricity.
2. Lessee aqrees that he will at all timee keep the area
uaed by him in a clean and attractive manner and will not permit
refuse or other o.ffensive substances to accumulate at any time.
3. Lesaee further agrees that he will inaure and keep ineured
the conceasion atand ao as to protect any person using same, including
any child, against los• or damage to peseon or proparty using same
including euch protection i.esaee agreea to carry pvblic liability
ineurance in the amount of Twenty-Five Thousand Dollara (525,000.00)
for one peraon and Fiity Thousand Dollare (550,000.00) for one accident.
4, it ia agreed that the spac� or area to be occupied by
Lessee's concesaion ehall be an area such as it is designatad by the
City.
5. It is Yurther agreed and understood that firet party
ia en independent contractor and not an employee of the City of
Oshkoab and that ahould first party employ one or more employees, he
shall obtain the naceseary Workmen'e Compensation coverage, even
though not a[� amployer under definition of the Wiaconein Statutes,
and file a copy of such Workmen's Compenantion Snsurance policy in
the office of the City Clerk and shall maintain same in Eull force
and effact at all times during the pariod of this contract.
6. Leasee furthez agraee to hold the City of Oshkoeh
haxmlesa from any claim, damaqes, or otherwi�e, which may result trom
the granting of the privilege of operating aaid Portable Concesaion
in hlanominee Park.
IN WiTNESS WHEREOF, the partiee hereto have executed this
inatrument on the day and year first above aritten.
In the preeence of:
� � � .C�, -,,., � � --�`�/ _ `�-.o�
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POP'S COPN WAGON
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IIy: 2 CGz
�R CAARD WS ENBERG
By:
CZTY OF OSHROSH
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