HomeMy WebLinkAbout13. 16-53FEBRUARY 9, 2016 16-53 RESOLUTION
(CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE LEASE EXTENSION WITH FRATERNAL ORDER OF
EAGLES / SPANBAUER MEMORIAL FIELD CONCESSIONS
OPERATIONS
INITIATED BY: PARKS DEPARTMENT
WHEREAS, the Fraternal Order of Eagles operates the Spanbauer Memorial
Field concession stand under an agreement with the City of Oshkosh. The current
agreement expired on December 31, 2015; and
WHEREAS, the Fraternal Order of Eagles desires to extend the lease for an
additional two (2) year period through December 31, 2017, pursuant to the same terms
and conditions of the original lease.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Amendment to the Agreement with the Fraternal Order of
Eagles for extension of lease for the concession stand at Spanbauer Memorial Field is
hereby approved and the proper City officials are hereby authorized to execute and
deliver the agreement in substantially the same form as attached hereto, any changes
in the execution copy being deemed approved by their respective signatures, and said
City officials are authorized and directed to take those steps necessary to implement the
terms and conditions of the Agreement.
City of Oshkosh
Parks Department
805 Witzel Ave.,PO Box 1130 Ray Maurer
Oshkosh,WI 54903-1130 Director
OlHKQIH (920)236-5080 (920)232-5316 FAX
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Ray Maurer, Parks Director
DATE: February 5, 2016
RE: Approve Lease Extension With Fraternal Order of Eagles/Spanbauer Memorial Filed
Concessions Operations
BACKGROUND
On March 27, 1996, the Fraternal Order of Eagles first entered into a yearly contract with the City of
Oshkosh to run the concession stand at Spanbauer Memorial Field. That agreement was extended yearly
until March 15, 2001, when the lease was extended for a five year period, expiring December 31, 2005.
The agreement was then extended again on March 24, 2006 for a five year period, expiring December 31,
2010. Since then, the lease has been extended for two year periods with the most recent expiring on
December 31, 2015.
ANALYSIS
The Fraternal Order of Eagles has provided good service to the organizations that use Spanbauer Memorial
Field and proceeds made from the concession operation are earmarked annually to support the Eagles'
programs. The Club has requested a two year lease agreement which will expire on December 31, 2017.
On January 11, 2016, the Advisory Park Board discussed the lease agreement and unanimously
recommended the two year extension.
FISCAL IMPACT
The Lease Agreement includes an annual payment to the City of $1,000 or 10% of gross revenues,
whichever is greater for the year. Payments generally range between $1,000 and $2,000.
RECOMMENDATION
Staff recommends the Common Council approve the Lease Agreement extension for two years,expiring on `
December 31, 2017.
Respectfully Submitted, Approved:
Ray Maurer
Parks Director City Manager
EXTENSION OF LEASE
WHEREAS, The Common Council for the City of Oshkosh authorized and directed the proper
City Officials to enter into an appropriate lease agreement with the Fraternal Order of Eagles for the
Concession Stand located at Spanbauer Memorial Field in the City of Oshkosh; and
WHEREAS, the Fraternal Order of Eagles has requested an extension of the lease on the same
terms and conditions to expire on December 31, 2017.
NOW, THEREFORE, IT IS AGREED by and between the parties to this agreement that the
Lease Agreement between these parties is hereby amended as follows:
1. That the term of the Agreement shall be amended to end on December 31, 2017.
2. All rights and responsibilities under the Lease Agreement not specifically amended by
this agreement shall remain in effect.
IN WITNESS WHEREOF, the parties heretofore have caused this Amendment to be signed by
the proper persons of each party and their corporate seals, if any, to be hereunto affixed.
Dated: November 17, 2015.
FRATERNAL ORDER OF EAGLES
By: And:
CITY OF OSHKOSH
By: And:
Mark Rohloff, City Manager Pamela R. Ubrig, City Clerk
Approved as to Form and Execution:
Lynn A. Lorenson, City Attorney