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Agreement Relating to use Quann Park by Dane County

THIS AGREEMENT, made and entered into by and between the County of Dane (hereafter referred to as “COUNTY”) and the City of Madison (hereafter, “CITY”),
WITNESSETH:
WHEREAS, sec. 66.30, Wis. Stats., authorizes governmental units to contract for the joint exercise of any power or duty required or authorized by Statute; and
WHEREAS, CITY, whose address is c/o City Clerk, 103 City-County Building, Madison, WI 53710; and
WHEREAS, COUNTY, whose address is c/o County Clerk, 112 City-County Building, Madison, WI 53709; and
WHEREAS, CITY owns a parcel of land which is the site of the Olin Avenue Landfill which is also known as Quann Park; and
WHEREAS, the parcel is licensed by the Wisconsin Department of Natural Resources as a landfill; and
WHEREAS, the COUNTY has overflow parking at its Exposition Center and for approximately ten (10) years has utilized Quann Park for a limited number of events each year; and
WHEREAS, the COUNTY is desirous of continuing this arrangement and is desirous of considering the potential for additional use of the site; and
WHEREAS, COUNTY and CITY agree it would be to the mutual advantage of the parties to enter into this Agreement;
NOW, THEREFORE, in consideration of the above premises and the mutual covenants of the parties hereinafter set forth, the receipt and sufficiency of which is acknowledged by each party for itself, COUNTY AND CITY do agree as follows:

1. TERM OF AGREEMENT. The term of this Agreement shall commence as of May 1, 1993, and continue for twenty (20) years. COUNTY may continue to use Quann Park pursuant to three consecutive ten year options to renew, which must be exercised in writing twelve months prior to the expiration of this Agreement or the renewal term. CITY shall give notice of option to renew not less than 30 days before the renewal deadline; failure to do so shall move back COUNTY’s deadline for exercising the option a corresponding number of days.

2. MOTOR VEHICLE PARKING; COUNTY USE OF QUANN PARK. CITY shall permit COUNTY’s Exposition Center to develop and use Quann Park for general Exposition Center purposes, including use as a parking lot for Exposition Center patrons. COUNTY shall not be required to undertake any construction activity, such as construction of a parking lot or garage, in Quann Park in order to avail itself of the benefits accruing to it under this section. COUNTY’s use and development of Quann Park under this section shall be at COUNTY’s expense and all revenues therefrom shall belong to COUNTY.

3. LANDFILL REMEDIATION: ZONING. COUNTY use will not hinder any required landfill remediation activities or violate general zoning ordinances.

4. LIABILITY, INDEMNIFICATION. CITY shall be responsible for injuries, claims and losses arising from or caused by the acts or omissions of its officers, employees, agencies, boards, commissions and representatives. COUNTY shall be responsible for injuries, claims and losses arising from or caused by the acts or omissions of its officers, employees, agencies, boards, commissions and representatives. The obligations of the parties under this paragraph shall survive the expiration or termination of this Agreement.

5. AFFIRMATIVE ACTION REQUIRED. During the term of this Agreement, COUNTY and CITY, each for itself, agrees to abide by its own affirmative action plan and in doing so to make all employment and service related decisions without regard to race, religion, sex, handicap, national origin, age, cultural differences, sexual preference, marital status, military discharge status or physical appearance and to provide equal opportunity including but not limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, rates of pay, or any other form of compensation. The listing of prohibited bases for discrimination shall not be construed to amend in any fashion state or federal law setting forth additional bases and exceptions shall be permitted only to the extent allowable in state or federal law.

6. SEVERABILITY. The various provisions of this Agreement are declared to be severable and the finding of any court that any particular clause or clauses is or are unlawful or unenforceable shall not operate to invalidate the remainder of this Agreement and the same shall continue in effect unless modified by the parties.

7. WISCONSIN LAW CONTROLS. It is expressly understood and agreed to by the parties hereto that in the event of any disagreement or controversy between the parties, Wisconsin law shall be controlling.

8. AGREEMENT HAS NO IMPACT ON THIRD PARTIES. This Agreement is intended to be an Agreement solely between the parties hereto and for their benefit only. No part of this Agreement shall be construed to add to, supplement, amend, abridge or repeal existing duties, rights, benefits or privileges or any third party or parties, including but not limited to employes of either of the parties.

9. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein and this Agreement supersedes any and all oral agreements and negotiations between the parties relating to the subject matter hereof. The parties expressly agree that this Agreement shall not be amended in any fashion except writing, executed by both parties.

10. COUNTERPARTS. The parties may evidence their agreement to the foregoing upon one or several counterparts of this instrument, which together shall constitute a single instrument.

IN WITNESS WHEREOF, COUNTY and CITY, by their respective authorized agents, have caused this Agreement to be executed, effective as of the date by which all parties have affixed their respective signatures, as indicated below.

WITNESS: CITY OF MADISON
A Municipal Corporation
Paul R. Soglin
Mayor
Date:

Kay Fisher
Acting City Clerk
Date:

WITNESS: DANE COUNTY Richard J. Phelps
County Executive
Date:

Carol L. Nelson
County Clerk
Date:

APPROVED:
APPROVED AS TO FORM:

Paul R. Reilly Eunice Gibson
City Comptroller City Attorney


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