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HomeMy WebLinkAboutLease Agreement/Oshkosh & Senior Center CITY OF OSHKOSH LEASE AGREEMENT I. PARTIES: This Lease Agreement is between the Friends of the Oshkosh Seniors Center, (FOSC), and the City of Oshkosh, a Wisconsin Municipal Corporation, with principal offices at 215 Church Avenue, Oshkosh, Wisconsin 54902 (City, or Landlord). The Oshkosh Seniors Center is a division within the City of Oshkosh. The specific divisions of each organization to which this Lease Agreement is intended to benefit are FOSC, not for profit organization, Post Office Box 3423, Oshkosh,Wisconsin, 54903,and the City's Seniors Center,with principal offices at 200 and 234 North Campbell Road, Oshkosh, Wisconsin 54902. II. PURPOSE AND INTENT: The City and FOSC have benefitted from a positive working relationship since FOSC was established on September 15, 1986,the two organizations have collaborated to offer their mutual and respective services to a shared community. It is the intention of each party to cooperate with each other to continue this relationship in a manner that will most effectively serve the shared community of the City's Seniors Center and FOSC. More specifically,to the extent described in this Lease Agreement the City will agree to continue making its facilities, staff, and/or services available to the FOSC in a manner that will allow both organizations to effectively carry out their missions. (See Attached mission statements) III. LEASE AGREEMENT: The City offers and FOSC accepts,the terms herein which allow the use of certain areas of its Seniors Center facility and equipment, by FOSC for the purposes described in this Lease Agreement,or any Addendums that may be attached. The parties currently,and will continue to collaborate in areas of fundraising and special events. In anticipation that current programing may change, or that other programming may be added in the future,the parties enter into this Lease Agreement followed by specific individual written Addendums signed by both parties which detail the terms of specific programming. All Addendums are fully incorporated into this Lease Agreement. IV. TERM: This Agreement including all Addendums begins on January 1, 2017 and ends December 31, 2020. Either party may terminate this Agreement for any reason provided it gives the other party at lease ninety(90)days advance written notice of termination. V. TERMINATION: Either party may terminate this Agreement for any reason by providing the other party with written notification at least 90 calendar days before the intended termination date. VI. LEASE AGREEMENT CHARGE: The space needs required by FOSC will be described in the program Addendums attached to this Agreement.The fact that FOSC annually donates funding to the OSC, a division of the City of Oshkosh;to assist in covering the center's program and operating costs,through this cooperative arrangement there will be no charge. The cost for the space necessary for this program shall be provided in-kind and identified on an as needed basis, including but not limited to, office space, meeting room access and storage and use of specified equipment including copier, laminator and other ancillary office equipment as needed for daily operations. The City of Oshkosh offers, and FOSC accepts, 1 the right to use a designated office space for the sole purpose of FOSC administering its mission. FOSC's use of the identified space is exclusive except to the extent that the OSC staff or volunteers may need use or to cross though these spaces to take care of mutually supporting each other's programs and mission. Additionally, FOSC shall use these common areas such as hallways, restroom, kitchen and specified equipment. FOSC shall use these common areas for their ancillary functions. FOSC will have no priority of use over these common areas, but may request to reserve and use them as they may be available. FOSC shall be charged the building attendant hourly wage for use of the OSC facilities outside of normal operating hours of the Center. VII. CONDITION OF PREMISES: The City will provide the space to be used by FOSC in a fit condition, in a good state of repair, and in a sanitary condition. FOSC agrees to promptly notify the City of any repairs or maintenance that is or may be necessary. FOSC shall leave the space it uses in a condition substantially similar to its condition at the beginning of their use, excepting normal wear and tear and damage due to acts of God. VIII. ALTERATIONS: FOSC shall make no alterations in or to any of the City's buildings, premises, or facilities without the written consent of the City. All alterations shall remain for the benefit of the City unless the City has otherwise provided written consent allowing the alterations to be removed, or requiring the alterations to be removed. IX. CITY RESPONSIBILITIES: 1.) Maintain the overall facility, including roof and structural sections, and heating, cooling, and electrical systems,except repairs necessary due to the intentional or negligent actions or inactions associated with FOSC's use of City property. Maintain and repair fixtures including water pipes, sewer pipes,gas pipes, drains, and plumbing except repairs necessary due to the intentional or negligent associated with FOSC's use of the City property. 2.) Day-to-day janitorial and related tasks for common areas and other City facilities except those spaces specifically designated for use by FOSC. X. FOSC RESPONSIBILITIES: 1.) Maintain its designated space(s) and keep them in good condition and repair, except for reasonable wear and tear or damages caused by acts of God. 2.) Keep the OSC premises in good repair as they are at the commencement of the term, except reasonable use and wear. 3.)Take all reasonable precautions to ensure that all FOSC volunteers involved with FOSC operations and programming at the City's Seniors Center will abide by confidentiality,ethical and code of conduct guidelines. XI. DAMAGE BY FIRE OR OTHER DISASTER: If the leased premises are partially damaged by fire or other disaster,then repairs shall be made as speedily as possible by and at the expense of the City, subject to other provisions of this Lease. If the damage is so extensive as to leave the premises untenable or potentially untenable,then FOSC's operations and programs shall cease or shall abate on a pro-rata basis until the same are repaired. If the premises are damaged to the extent that the City decides not to rebuild,then the lease term shall cease, and the premises shall be surrendered. XII. INSURANCE: a. Property: The City shall maintain property insurance at its expense covering the City's buildings and City-owned contents. FOSC shall procure and maintain property insurance 2 at its expense covering property owned by FOSC and located,temporarily or otherwise, at City facilities, as well as property under its care, custody, or control. b. General Liability: The City shall maintain provide liability insurance covering the actions of the City's officers, Council Members, employees, agents, and authorized volunteers. FOSC shall procure and maintain commercial general liability insurance in at least One Million and NO/100 dollars($1,000,000)for any one accident or incident and Two Million and NO/100 dollars ($2,000,000) aggregate claims. FOSC shall add the "City of Oshkosh and its officers, Council Members,Agents, Employees and Authorized Volunteers" as additional insured on its Commercial General Liability Policy. c. Professional Liability: If applicable to a particular FOSC program, FOSC shall procure and maintain professional liability insurance in at least One Million and NO/100 dollars ($1,000,000)for any one accident or incident and Two Million and NO/100 dollars ($2,000,000) aggregate claims. d. Within thirty(30) days of the execution of this agreement, FOSC shall furnish City of Oshkosh with Certificates of Insurance verifying the existence of all required insurance policies. New Certificates shall be provided for new or renewed policies. XIII. HOLD HARMLESS/INDEMNIFICATION: FOSC and the City are responsible for the negligent or willful or malicious actions or inactions of their respective employees, agents,and volunteers. a. FOSC agrees that it will at all times indemnify City of Oshkosh and hold the City harmless against any and all damages,claims, liabilities, losses, damages, costs, expenses and attorneys'fees of any kind or nature whatsoever related to FOSC's use of City property or facilities that is caused in part or in whole by the negligent or willful actions or inactions by FOSC,their volunteers, agents, or affiliates. b. In the event of any claim,action,suit,or proceeding against City of Oshkosh/OSC upon any matter subject to above listed indemnity and insurance clause, City of Oshkosh/OSC shall within ten (10)working days cause notice in writing thereof to be given to FOSC by certified mail. XIV. GOVERNING LAW: The terms of this lease shall be governed by the laws of the State of Wisconsin. The venue for all dispute resolutions,whether formal or informal, shall be Winnebago County,Wisconsin. Friends of the Oshkosh Seniors Center By: a-?,t-v-en J Friends�of t ee Oshkosh Seniors Center Board President Date 3 Print Name Title CITY OF OSHKOSH B �`- '-` y< /-1 Y� Mark ohloff,Oshkosh City Manager Date Oshkosh Seniors Center mission: The Oshkosh Seniors Center is working to enrich the quality of life for adults 50 and over. The Friends of the Oshkosh Seniors Center mission: The purpose of the Friends of the Oshkosh Seniors Center is to help support the Center through fundraising, promoting sponsorship, volunteering and increasing community support. I i i r 4 I E E Print Name Title CITY OF OSHKOSH By: Mark ohloff, Oshkosh City Manager Date Oshkosh Seniors Center mission: The Oshkosh Seniors Center is working to enrich the quality of life for adults 50 and over. The Friends of the Oshkosh Seniors Center mission: The purpose of the Friends of the Oshkosh Seniors Center is to help support the Center through fundraising, promoting sponsorship, volunteering and increasing community support. I j, i i t (E e 6 , I 4 I f ^ ' / Print Name Title ! | � � CITY OFOSHKOSH By: Mark Rohlotf, Oshkosh City Manager Date Oshkosh Seniors Center mission: The Oshkosh Seniors Center iyworking toenrich the quality nflife for adults 58and over. The Friends mFthe Oshkosh Seniors Center mission: The purpose of the Friends of the Oshkosh Seniors Center is to help support the Center through fundraising, promoting sponsorship, volunteering and increasing community support. '