Loading...
HomeMy WebLinkAboutParking Rights Riverside Parking Lots Waterfest z, - AGREEMENT FOR PARKING RIGHTS RIVERSIDE PARKING LOTS This Agreement is made by and between the City of Oshkosh(City) and Waterfest,Inc. (Waterfest), for good and valuable consideration, and governs Waterfest's temporary, limited use of one or more spaces in one or more municipal parking lots. 1. Waterfest 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: Convention Center East (formerly 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 Convention Center East Parking Lot, as well as the Convention Center North parking lot located across Ceape Avenue to the north and east of the Convention Center adjacent to the City's Fire Station. Waterfest's use of the Convention Center East 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 Waterfest's request for use of the Convention Center East Lot related to their event, Waterfest 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 the Waterfest'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, Waterfest shall work with the Operator to resolve the conflict. If an acceptable resolution cannot be reached between Waterfest and the Operator, Waterfest 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. Waterfest'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): 5 PM to 11 PM on evenings when Waterfest concerts are held (scheduled Thursday June 20 and 27,Thursday July 11 and 18 and Thursday August 1,8,15, 22 and 29. 5. During the period in which the license is in effect, Waterfest 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. Waterfest shall be allowed to collect and retain all revenues from parking activity within the parking lot(s) during its license period, at their discretion. 7. Waterfest 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 5 PM and after 11 PM on each day this license is in effect, the use of the lot by Waterfest and those attending or wishing to attend the Waterfest event must otherwise be consistent with the City's Municipal Code. 9. Waterfest 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 Waterfest 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, Waterfest 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. Waterfest 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, Waterfest 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. Waterfest shall repair any holes, gouges, tracks, or other damage resulting from their use of the parking lot and parking spaces. 11. Waterfest is solely responsible for claims and damages which occur at the parking lot and parking spaces during any of its license period. Waterfest 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 .,/ day of 4)1-4--e 2019. CITY OF OSHKOSH CITY OF OSHKOSH B` `J7 By: Y: —CJ Pamela R. Ubrig Mark A. Rohloff City Clerk City Manager APPROVED AS TO FORM: APPLICANT A. Lorens n City Attorney Name: �i 0 itSr i _ Cc-.>_) — Title: %✓'eC3 Ucv.e