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2011-769 Resolution # 2011 -769 A Resolution Authorizing the City Manager to Execute a Concessionaire Contract with the Friends of Traxler Park WHEREAS, the City wishes to operate a concession stand at one of its park facilities, within said County, known as ROCK and for the following event(s) or circumstances: Traxler Park Outdoor Ice Skating ; and WHEREAS, the Friends of Traxler Park desires to operate said concession stand(s) within such park(s) solely as an independent contractor, and the City is willing to allow the operation of the same by the Concessionaire, all upon the terms hereinafter set forth; WHEREAS, the Friends of Traxler have operated a concession stand at Traxler Park to provide opportunities for Janesville children to ice skate at no charge at the City's land rink since 2000; and WHEREAS, the Friends of Traxler are affiliated with the Community Foundation of Southern Wisconsin; and WHEREAS, all proceeds from their concessions are put into their ice skating operation or amenities for the ice skating experience; and WHEREAS, such concessionaire contract, terms and conditions are permitted by law and the Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5) and 62.22, Wisconsin Statutes, and WHEREAS, it is in the best interest of the City of Janesville, the community and surrounding area to execute and enter into a concessionaire contract with the Friends of Traxler Park for the concession operations at the Traxler Park Warming House; and NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it hereby authorizes the City Manager or his representative to execute and enter into, on behalf of the City of Janesville, the currently negotiated five year concessionaire contract to operate Traxler Park Warming House concessions commencing on December 1, 2010, a true and correct photocopy of which is reiterated and incorporated herein as if fully set forth verbatim; and, BE IT FURTHER RESOLVED by the Common Council that the City Manager or his representative is hereby authorized to negotiate, execute, enter into, amend, renew, and extend such documents, papers, agreements, amendments, and forms, to take whatever other actions, and to make whatever minor changes to the concessionaire lease contract and such other related documents, papers, agreements, amendments, and forms as the City Manager or his representative may, from time to time, find necessary, desirable, and /or beneficial to effectuate the lease contract and /or the intent of this resolution on the City's behalf. ADOPTED: February 28, 2011 Motion by: Rashkin Second by: Brunner APPROVED: Councilmember Aye Nay Pass Absent j Brunner X ii ,,,/ McDonald X E c J. Le 4 City Manager Perrotto X Rashkin X ATTE" : Steeber X In/n /,/% Truman X Voskuil X Je Ann Wulf, City Clerk -Tres rer APPROVED AS TO FORM: -, , - City Attorney Wald Klimczyk — 4 Proposed by City Manager's Office Prepared by Management Assistant