#05 Execute lease with Janesville Convention and Visitors Bureau (File Res. #2010-693)LEISURE SERVICES DEPARTMENT MEMORANDUM
April 5, 2010
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute a
Lease with the Janesville Convention & Visitors Bureau for a portion of the
Palmer Park East Pavilion (File Resolution #2010-693)
Summary
The Janesville Convention & Visitors Bureau (JACVB) has leased a portion of the Palmer
Park East Pavilion since 1997 and used this room for a seasonal Visitors Center to showcase
Janesville to residents and visitors. Their lease has expired and they have asked to renew it
for three years. Staff supports the renewal of this lease.
Request
The Janesville Convention & Visitors Bureau requests the City renew their lease so that they
may continue to operate their seasonal Visitors Center at Palmer Park.
Recommendation
Staff recommends the City Council adopt File Resolution #2010-693 to authorize the City
Manager to execute an operating lease with the Janesville Convention & Visitors Bureau for a
portion of the East Pavilion at Palmer Park.
Suggested Motion
I move the Council approve File Resolution #2010-693 to authorize the City Manager to
execute an operating lease with the Janesville Convention & Visitors Bureau for a portion of
the East Pavilion at Palmer Park.
Lease Details
The lease would be for three years (2010-2012) and would allow the JACVB to have their
Visitors Center open to the public from April 15-Septemeber 15 of each year. The JACVB will
pay the City One hundred and twenty-five ($125.00) per month for each month of actual
occupancy.
Analysis
The City of Janesville and the JACVB have a strong working relationship and their efforts at
the Visitors Center positively promote Janesville to residents and visitors. The rental of space
at the pavilion for the seasonal visitor center has worked very satisfactorily and staff supports
the execution of this lease.
Cc: Eric Levitt, City Manager
Jay Winzenz, Assistant City Manager/Administrative Services Director
Attachments: Resolution 2010-693, Lease agreement, Lease agreement exhibits, Visitor
Center statistics from the JACVB
FILE RESOLUTION No. 2010-693
A Resolution Authorizing a Lease with the Janesville Area Convention and Visitors Bureau,
Inc. for the Operation of a Portion of the Palmer Park East Pavilion
WHEREAS, the City of Janesville is the owner of a structure known as the Palmer Park East
Pavilion located within Palmer Park, City of Janesville, County of Rock, State of Wisconsin; and
WHEREAS, the Janesville Area Convention & Visitors Bureau, Inc., (“JACVB”) a non-profit
organization, desires to lease and use a portion of the Palmer Park East Pavilion from April 15
through September 15 each year for three years for the purpose of operating a seasonal Visitors
Center to showcase Janesville to residents and visitors; and
WHEREAS, the JACVB and the City Administration have negotiated a proposed three (3) year
Lease for such purposes for the term commencing April 15, 2010 and running through and including
the end date of September 15, 2012 without automatic renewal; and
WHEREAS, the rent shall be $125 per month for each month of actual occupancy by the
JACVB, with the last and first months’ rents prorated; and
WHEREAS, the proposed Lease and all of its above and other terms, obligations, and
provisions, is reiterated and incorporated by reference herein as if fully set verbatim; and
WHEREAS, the Common Council hereby find that this Lease is in the best interest of the City
of Janesville, the community, and surrounding area to execute and enter into the proposed lease with
the Janesville Convention & Visitors Bureau for the operation of a seasonal Visitors Center; and
WHEREAS, such lease contract, terms, and conditions are permitted by law and the Common
Council are empowered to enter into such lease agreement, pursuant to Wis. Stats. Sec. 62.11(5),
62.22, 62.23(17), and 66.0101 and other pertinent provisions in the Wisconsin Statutes.
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that
they hereby authorize and approve the Lease with the JACVB upon the terms, conditions, obligations,
and provisions set forth above as proposed by the City Administration; and further authorize the City
Manager and his designee(s), on behalf of the City of Janesville, to execute and enter into the Lease
with JACVB for the operation of a seasonal Visitors Center; and
BE IT FURTHER RESOLVED by the Common Council that the City Manager and his
designees are hereby authorized to negotiate, renew, amend, and execute such documents, papers,
agreements, and forms, and to take whatever other actions, that the City Manager may, from time to
time, find necessary, desirable, and/or beneficial to effectuate the Lease and/or the intent of this
Resolution.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Truman
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Parks Division
Prepared by: Management Assistant & City
Attorney
Yearly Comparisons
2009 VIC Statistics (April 13 –September 15)
The Janesville Visitor Information Center, located in the east pavilion at Palmer Park, was open from April 13,
2009, through September 15, 2009, to welcome and assist visitors to the Janesville area. Due to the closing of
the Wisconsin Welcome Centers, we opened our VIC a full month early to accommodate travelers in need of
information no longer available at the facility on I-90/39 near Beloit. The VIC saw 2,643 inquiries (totaling
4,366people) of which 1,741 signed our guest book. Of those that signed the guest book, 18% were from
Janesville, 46% were Wisconsin residents and 25% were from Illinois.
2008 VIC Statistics (May 19 –September 14)
The Janesville Visitor Information Center, in the pavilion at Palmer Park, was open from May 19, 2008 through
September 14, 2008, to welcome visitors to the Janesville area and to help Janesville residents. We helped
2,894 visitors of which 1078 signed our guest book. Of those that signed the guest book, 12.27% were from
Janesville, 49.17% were Wisconsin residents, and 22.36% were Illinois residents.
2007 VIC Statistics (May 22 –September 9)
Mid-May to mid-September the JACVB rents a portion of the pavilion in Palmer Park to operate a seasonal
visitor information center to provide information, directions and a welcome to the Janesville community. At the
end of the 2007 season, we had 2,093 inquiries to the VIC, totaling 3,442 individual people. Of those 2,267
inquiries, 1,539 (74%) signed our guest book. 19% were from Janesville, 51% were from Wisconsin and 49%
were from outside Wisconsin. There were 23% from the state of Illinois.
2006 VIC Statistics (May 22-September 8)
We had 2,267 inquiries to the VIC, totaling 3,438 individual people. Of those 2,267 inquiries 1,460 or 65%
signed our guest book of those 3 were incomplete records leaving us with 1,457 complete records. Of those
complete records 22% were from Janesville, 53% were from Wisconsin and 47% were from outside of
Wisconsin. There were 21% from the state of Illinois.
2005 VIC Statistics (May 18-September 9)
We have had 2,516 inquiries to the VIC, totaling 3,900 individual people. Of those 2,516 inquiries, 1616 (64%)
signed our guest book of those 2 were incomplete records leaving us with 1614 complete visitor records. Of
those complete records 19% were from Janesville, 50% were from Wisconsin and 50% were from outside of
Wisconsin. There were 20% from the state of Illinois. International Visitors (11 countries, 38 individuals)
included: Australia, Brazil, Canada (19), England (2), France (3), Germany (6), Japan, Kuwait, Netherlands (2),
Poland, and Switzerland.
2004 VIC Statistics (May 11-September 11)
We have had 2,744 inquiries to the VIC, totaling 4,107 individual people.Of those 2,744 inquiries, 2,001
(73%) signed our guest book of those 2 were incomplete records leaving us with 1,999 complete visitor records.
Of those complete records 16% were from Janesville, 46% were from Wisconsin and 54% were from outside of
Wisconsin. There were 21% from the state of Illinois. International Visitors (20 countries, 42 individuals)
included: APO Pacific, Australia, Brazil, Canada (21), China, Czech Republic, England, Estonia, France,
Germany (2), Holland, Indonesia, Israel, Peru, Puerto Rico, Netherlands, New Zealand, Sweden, Switzerland,
and United Kingdom (2).
C:\Documents and Settings\smithr\Desktop\Yearly Comparisons 2004-2009.doc
Visitor Information Center
Yearly Comparisons
7000
6000
5723
5000
4621
4366
4335
4263
4107
3900
4000
34383442
3314
3268
3000
2691
2000
1000
0
199819992000200120022003200420052006200720082009
2009 VIC Statistics
Mid-May (Mid-April for 2009) to Mid-September, the JACVB rents a portion of the pavilion at
Palmer Park to operate a seasonal visitor information center to provide information, directions
and a welcome to people visiting the Janesvillecommunity. At the end of the 2009 season, we
had 2,653 inquiries to the VIC, totaling 4,366 people. Of those 2,653 inquiries, 1,741 (66%)
signed our guest book. 18% were from Janesville, 46% were from Wisconsin and 45% were
from outside of Wisconsin. There were 24% from the state of Illinois.
May 19-May 31
Individuals 236, Inquiries 144
82 Complete Visitor Records
44% from Wisconsin(26% from Janesville)
56% from outside Wisconsin(26% from Illinois)
International Visitors included: Canada
June1-June 30
Individuals 708, Inquiries 499
275 Complete Visitors Records
51% from Wisconsin(22% from Janesville)
49% from outside of Wisconsin(20% from Illinois)
International Visitors included: British Columbia, Europe, Finland
July 1-July 31
Individuals 810, Inquiries 518
290 Complete Visitor Records
48% from Wisconsin(18% from Janesville)
52% from outside of Wisconsin(21% from Illinois)
International Visitors included: Spain, Canada and MB (Manitoba?)
August 1-August 31
Individuals 985, Inquiries 629
317 Complete Visitors Records
52% from Wisconsin(18% from Janesville)
48% from outside of Wisconsin(24% from Illinois)
International Visitors included: British Columbia, Canada, GF (?)
September 1-September 9
Individuals 232, Inquiries 159
109 Complete Visitor Records
43% from Wisconsin(10% from Janesville)
57% from outside of Wisconsin(24% from Illinois)
International Visitors included: England, Canada, Ireland
2009 Janesville Visitor Center Summary
The Janesville Visitor Information Center was in operation from April 13,
2009 to September 15, 2009.
We served 4,366 visitors from 47 states and 13 countries.
1,741 visitors signed the Guestbook
18% were Janesville residents
46% were Wisconsin residents
24% were Illinois residents
8,571 brochures and maps were given
374 Janesville visitor guides
251 Rock County guides
647 Wisconsin State maps
273 Illinois State maps
30 Volunteers worked a total of 1,425 hours.
Revised 4/1/10
CITY OF JANESVILLE
AND
JANESVILLE AREA CONVENTION AND VISITORS BUREAU, INC.
PALMER PARK EAST PAVILION LEASE AGREEMENT
Lease Agreement“AGREEMENT”
This (hereinafter the ) is made by and between the
CITY OF JANESVILLE “CITY”
(hereinafter the ), a Wisconsin Municipal Corporation
located in the County of Rock with its principal place of business at 18 N. Jackson
Street, and
JANESVILLE AREA CONVENTION AND VISITORS BUREAU, INC.
The (hereinafter
LESSEE”
the “) a Wisconsin non-profit organization conducting its principal business at
20 S. Main Street, Suite 17 , County of Rock, State of Wisconsin.
WHEREASCITYPALMER PARK EAST
, the is the owner of a structure known as the
PAVILION “PAVILION”)
(hereinafter the , located within Palmer Park, City of Janesville,
County of Rock, State of Wisconsin; and,
WHEREASLESSEEPAVILION
, the desires to lease and use a portion of the
PREMISES”
measuring approximately 15’ by 15’ (hereinafter the “) for a seasonal
CITYPREMISESLESSEE
Visitors Center and the desires to lease the to the for such
purpose according to the terms and conditions set forth below; and,
WHEREASCITYLESSEE
, the and , as authorized by the Janesville Common Council,
entered into a certain lease agreement dated 10 December 1997 (the original
agreement) and
WHEREASCITYLESSEE
, the and desire to amend, restate and replace the original
agreement as set forth herein and all such terms and conditions of the original
agreement having been performed in full.
NOW, THEREFORE
, in consideration of the fulfillment of the obligations of the parties
hereinafter set forth and for other good and valuable consideration, the receipt of which
IT IS MUTUALLY AGREED AND PROMISED
is hereby acknowledged, , by and
CITYLESSEE
between the and as follows:
1. PREMISES
CITYLESSEELESSEE
The hereby leases to the and the hereby agrees to
CITY
lease from the an approximately 15’ by 15’ space, located within the
PAVILION
, and depicted and described more fully in Exhibits “A and B” which
are attached hereto and incorporated herein as if fully set forth. During the term
LESSEE
of the lease, the shall also have the right to utilize the restrooms located
PAVILION
with the , even though such restrooms are located outside the leased
1
th
PREMISES
. (Restrooms are open seasonally approximately April 15 to
st
October 31).
2. LEASEHOLD IMPROVEMENTS
LESSEELESSEE’s
A. Rights and Approval – The shall have the right, solely at
PREMISES
expense, to make leasehold improvements to the . All leasehold
LESSEE
improvements proposed by the shall be reviewed and approved by
CITYLESSEE
the (Parks Director) prior to construction. The shall secure all
necessary building permits and building plan approvals required by law and
all leasehold improvements shall be completed according to all applicable
building codes, rules, and regulations.
B. Ownership of Leasehold Improvements – All leasehold improvements made
LESSEECITY
by the shall become the property of the upon the termination
CITYLESSEE
of this lease, and the shall not be required to reimburse the for
LESSEE
the cost of any leasehold improvements made by the during the
LESSEE
term of this lease. However, if the makes any structural changes to
PAVILION
the (i.e., wall openings for air conditioner or windows), then the
CITY LESSEELESSEE’s
may require the to restore, at expense, the
PAVILION AGREEMENT.
to its original condition upon termination of this
3. TERM OF LEASE
LEASE
The term of this shall be for three (3) years, commencing on April 15,
2010, and extending through and including September 15, 2012. There shall be
LEASE
no automatic renewal of this by either party. Any extension, renewal, or
amendment hereof shall require a new agreement with prior Common Council
LESSEE’s
review and action. The right to occupy and use the premises shall
run each year of this three (3) year term only on a seasonal basis beginning on
thth
April 15 of each year of the term and ending on September 15 of each year.
PREMISES
During the other months each year when the is not available for
LESSEE, CITY
occupancy or use to or by the the shall have the right to occupy
PREMISESCITY
and use the , provided that the shall be responsible for any
PREMISESLESSEE’s
damages that occur to the or leasehold improvements
CITY
during such occupancy.
4. RENT
PREMISES
The rent for said shall be One hundred and twenty-five ($125.00) per
LESSEE
month for each month of actual occupancy by the during each year of
LESSEE
this three (3) year term. The shall pay the rent due on the first day of
CITY
each month to the at the Leisure Services Department, 18 N. Jackson St.,
P.O. Box 5005, Janesville, Wisconsin, 53547-5005, on the first business day of
every month. Rent for the first and last months of occupancy shall be prorated.
5.USE OF THE PREMISES
LESSEEPREMISES
A. The shall have the right to occupy and use the at the
times set forth above for the sole purpose of operating a Visitors Center. The
Visitors Center shall be open to the public.
2
CITY
B. The agrees to maintain two (2) parking stalls as “15 MINUTE
PARKING” for visitors.
6. CITY OBLIGATIONS
PAVILION
A. If, during the term of this lease, the is damaged by fire or other
PREMISES
casualty, so that the is rendered wholly unfit for occupancy, and
PREMISES
said cannot be repaired within sixty (60) days from the date of
such fire or casualty, then this lease shall cease and terminate from the date
CITYLESSEE
of such fire or casualty in which event the and shall each be
discharged from any and all further obligation to each other hereunder.
CITY
B. The shall be responsible for the maintenance of the Palmer Park
PAVILION
property surrounding the and for the structural maintenance (i.e.
PAVILION
roof, exterior walls, sidewalks) of the .
CITYCITY
C. The shall provide, at expense, on-going electrical service to the
PREMISES
, the cost of said service being included in the rental payment.
CITYPREMISES
The shall also provide water service to the as part of the
LESSEE
rental payment, should the make the necessary leasehold
improvements (i.e. install a sink) to use said water service.
7. LESSEE OBLIGATIONS
LESSEE
A. The shall not make any alterations, additions, or leasehold
PREMISESCITY
improvements to the without the prior approval of the
(Parks Director ) and without first obtaining the necessary permits therefore.
LESSEEPREMISES
B. The shall maintain the in a neat and orderly fashion, and
shall be responsible for its own cleaning and refuse disposal.
LESSEE
C. The shall, at the expiration or termination of the lease, vacate and
PREMISESCITY
remove all personal property and return the to the in good
condition, ordinary wear and tear excepted.
LESSEE
D. The shall not assign this lease to any other party, or sub-lease any
PREMISES.
part or whole of the
LESSEECITY
E. The waives, and shall indemnify and hold the harmless from
LESSEE
and against any and all loss or damage which the , its agents,
employees, volunteers or guests may sustain:
PREMISES
1) From theft or burglary in or about the , by whomsoever
committed.
2) From interruptions in any utility service, from any cause whatsoever.
3
3) From fire, water, rain, snow, sewage, gas, odors, from any source
whatsoever.
CITY.
4) From any damage or injury not caused by negligence of the
LESSEELESSEE’s
F. The may, at expense, erect a wall sign and/or a
freestanding directional sign(s). All such signs shall be first approved, both
CITY
in style and location, by the (Parks Director) and shall conform to the
City’s Sign Ordinance. All permits required therefore, shall be timely
LESSEE.
obtained and paid for by the
LESSEE
G. The shall obtain, pay for, and at all times maintain the following
minimum insurance coverages:
LESSEE
1) Worker’s Compensation covering the full statutory liability of the
LESSEE’s
arising from and or pertaining to the development,
PREMISES.
maintenance, operation, and use of the
2) General Liability Coverage against all perils including personal injury and
not less than
contractual with limits of One Million Dollars ($1,000,000) for
each occurrence and One Million Dollars ($1,000,000) in aggregate naming
CITYLESSEE’s
the as so-insured or as additional insured under the
policy. Such policy shall include fire legal liability with limits not less than
LESSEE
Five Hundred Thousand ($500,000). The shall provide proof of
CITY
certificates of insurance to the on an annual basis.
PREMISES.
3) Property insurance on any personal property kept on the
LESSEECITYLESSEE
If the makes a claim against any insurance policy, then the
shall pay the insurance claim deductible, if any. This provision does not create any
LESSEE
right to or in said claim, however.
8. MISCELLANEOUS
AGREEMENT
A) This shall be binding upon the parties hereto, their
respective heirs, devisees, personal representatives, administrators,
successors, transferees, and assigns.
AGREEMENT
B) This shall be construed and enforced in accordance with the
Laws of the State of Wisconsin.
LESSEE
C) Default - In the event that the breaches or fails to perform any of
AGREEMENTCITY
the terms, obligations, and/or conditions of the , the shall
have the right, in its sole discretion, to forthwith terminate and void this
AGREEMENTLESSEE
and all rights of the hereunder, without notice, with
LESSEE
impunity, and without incurring any liability to or any other person. In
CITYLESSEE
the event of such default, the may, but need not, grant to the
thirty (30) days within which, to correct such default. In the event that the
LESSEELESSEE
fails to fully and adequately correct such default, the shall
4
PREMISESCITY CITY
forthwith surrender the back to the and the shall have
PREMISES
the right to take immediate possession of the without further notice,
LESSEECITY
and the shall forthwith forfeit to the any and all legal and
equitable rights, titles and interests of whatsoever kind or nature therein. The
CITY LESSEES’
shall have all rights and remedies at law and equity for
AGREEMENT
breaches of this , all remedies and rights being cumulative and
CITY
not exclusive. The failure of the , futhermore, to enforce any right or
LESSEECITY’S
remedy upon any breach of the does not waive the rights or
LESSEE.
remedies for any future similar or other breach by the
AGREEMENT
D) Modification - This may be modified or amended upon the
CITYLESSEE.
mutual written and executed agreement of the and the
AGREEMENT
E) Termination - This may be terminated without cause by
CITYLESSEE
either the or the upon thirty (30) days prior written notice by
either party.
AGREEMENT
F) Notices - Any written notice required under this shall be sent
CITY
to the at:
Parks Director
City of Janesville
18 N. Jackson St.
P.O. Box 5005
Janesville, WI 53547-5005
LESSEE
And if to the at:
Executive Director
Janesville Area Convention and Visitors Bureau, Inc.
20 S. Main Street, Suite 17
Janesville, WI 53545
G) Time is of the essence in the performance of each and every term,
AGREEMENT.
provision, and promise set forth in this
AGREEMENT
H) The provisions in this are severable.
Dated and executed in Janesville, Wisconsin this day of , 2010.
JANESVILLE AREA CONVENTION
CITY OF JANESVILLE AND VISITORS BUREAU, INC.
Eric Levitt, City Manager Christine Rebout, Executive Director
5