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HomeMy WebLinkAboutRiverside Parking Lot Rights-Festival Foods & Oshkosh 6- AGREEMENT FOR PARKING RIGHTS RIVERSIDE PARKING LOTS This Agreement is made by and between the City of Oshkosh (City) and Oshkosh Festivals (Irishfest), for good and valuable consideration, and governs Irishfest's temporary, limited use of one or more spaces in one or more municipal parking lots. 1. Irishfest has requested to use the following space(s) in the following municipal parking lot(s) for the dates and times identified below for parking purposes related to their event: Riverside Parking Lot, all marked public parking spaces. 2. The City has an existing agreement with the Operators of the City's Convention Center giving the Operator priority over other potential users of Riverside Parking Lot, as well as the parking lot located across Ceape Avenue to the north and east of the Convention Center adjacent to the City's Fire Station. Irishfest's use of the Riverside Parking Lot shall be subject to this existing agreement. 3. In consideration of the Agreement between the Operator of the City's Convention Center and Irishfest's request for use of the Riverside Lot related to their event, Irishfest shall consult with the Operator, Daniel Schetter, General Manager of the Waterfront Hotel and Convention Center, with regard to the use of the parking facilities in the area to ensure that Irishfest's planned use of the parking lots shall not interfere with any,planned use of the parking lot by Operator of the Convention Center. In the event of a conflict, Irishfest shall work with the Operator to resolve the conflict_ If an acceptable resolution cannot be reached between Irishfest and the Operator, Irishfest shall inform the Director of Transportation who may facilitate resolution between the parties, or who shall consult with the City Manager as to resolution of the conflict. The City Manager shall have the responsibility to make any final determination on the use of the parking lot facilities. 4. Irishfest's license to use marked space(s) in the public parking lot(s) which are the subject of this Agreement will be valid during the following time period(s): 9 AM to 11 PM on June 10,2017, 5. During the period in which the license is in effect, Irishfest is allowed to close off the parking lot(s)to the general public with the following condition(s): Subject to the conditions outlined in paragraphs 2-3 above and to any declared emergency within the City of Oshkosh necessitating the use or closure of this facility as determined by the appropriate city officials. 6. lrishfest shall be allowed to collect and retain all revenues from parking activity within the parking lot(s)during its license period, at their discretion. Z 7. Irishfest certifies that the parking lot(s) and marked parking spaces subject to their license will be used for typical parking lot purposes during the periods of these reservations. 8. Before 9 AM and after 11 PM on the day this license is in effect, the use of the lot by Irishfest and those attending or wishing to attend the Irishfest event must otherwise be consistent with the City's Municipal Code. 9, Irishfest agrees to accept the municipal parking lot(s) and parking spaces, and the condition of this parking lot and spaces, on an as-is basis each day their license is in effect. The City makes no representations or warranties to Irishfest regarding the condition of the property subject to this license, or its fitness for any particular purpose. 10- At the conclusion of each license period, Irishfest shall return the parking lot and parking spaces to the.same condition as before the license period came into effect, normal wear and tear excepted. Irishfest shall pay the City for observable and/or measurable damage caused to the parking lot(s) which is not consistent with typical parking lot usage or would otherwise be considered normal wear and tear, Irishfest shall remove at the conclusion of each license period all temporary fence, barrier, post, sign or any such item that was installed for any purpose. Irishfest shall repair any holes, gouges, tracks, or other damage resulting from their use of the parking lot and parking spaces. 11. Irishfest is solely responsible for claims and damages which occur at the parking lot and parking spaces during any of its license period. Irishfest agrees to hold the City harmless for all claims, actions, and damages by anyone related to use of the parking lot and parking spaces during the term of any license period. 12. Nothing in this Agreement or related sub-Agreements are intended'as a waiver of the City's right or opportunity to rely upon the municipal limitations and immunities contained within Wisconsin law. Municipal immunities and limitations include, but are not limited to, Sections 345.05, 893.80, and 893.83, Wisconsin Statutes. Such damage limits, caps, and immunities are intended to be preserved and are incorporated into this agreement and shall govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. The parties have executed this Agreement as of the C;1 ,day of 2017. QfTY0,_1_F' SHKOSH CITY OF OSHKOSH B By: Pamela R. Ubrig Mark A. Rohloff City Clerk City Manager APPR VED AS TO fOR-\M: APPLICANT By: gy: � 2 k-An . LorensoA Jeff Props-on City orney Title: Vice President 3 b IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officers and affixed their corporate seals hereto as of the day and year first above written. CITY OF OSHKOSH MARK A ROHLOFF CITY MANAGER PAMELA R. UBRIG CITY CLERK APPROVED BY: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. NAL w O TRENA LARSON CITY ATTORNEY FINANCE DIRECTOR