HomeMy WebLinkAboutTemporary Indemnification Agreement - Aurora Medical Group and City of Oshkosh Fire Department DocuSign nvelope ID: 1 D9B1 B06-F03E-45B7-8798-07A2CC9C5D95
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TEMPORARY ACCESS LICENSE AND INDEMNIFICATION AGREEMENT
THIS TEMPORARY ACCESS LICENSE AND INDEMNIFICATION AGREEMENT
(hereinafter "Agreement"), dated this 29 day of March , 2021 ("Effective Date"),
is by and between Aurora Medical Group, Inc., a Wisconsin non-stock corporation
("Aurora"), and City of Oshkosh Fire Department ("User").
1. For good and valuable consideration, Aurora hereby grants and conveys to
User, and User hereby accepts, upon the terms and conditions hereinafter set
forth, a temporary license for access relating to Fire Department Training
(such activities are described on Exhibit "A" and collectively referred to as
the "Activities") on Aurora's property commonly known as 645 and 655
Doctors Court,Oshkosh,Wisconsin(the"Temporary License Area").
2. User shall comply with all applicable laws and ordinances in connection with
the use or repair of the Temporary License Area and such reasonable
regulations as Aurora may impose.
3. User shall hold harmless and indemnify Aurora, its officers, directors,
members, representatives, employees, successors, assigns, mortgagees and
agents (collectively the "Indemnified Parties") against all loss, costs,
damages, expenses, liabilities and claims of any kind incurred by or asserted
against such Indemnified Parties, including reasonable attorney's fees and
costs and expenses, arising out of or related to User's or its agents' or
employees' acts or omissions or use of the Temporary License Area.
4. The terms and conditions contained herein shall bind, inure to the benefit of,
and be enforceable by Aurora, User and their respective successors and
assigns; provided, however, User acknowledges and agrees that their rights
under this Agreement are not assignable.
5. This Agreement and the License granted under this Agreement shall be valid
on 3/29/2021 during the hours of 0800- 1700 .
6. User shall,at User's sole cost and expense,maintain and keep in effect during
the term of this Agreement, comprehensive commercial general liability
insurance covering, without limitation, any liability for personal injury,
bodily injury (including, without limitation, death) and property damage
arising out of User's (and its agents and employee's) acts, omissions, and use
of the Temporary License Area for limits of liability not less than One Million
Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in
the aggregate. Upon request, User shall provide Aurora with satisfactory
written evidence that all policies of insurance required and maintained by the
User. User shall also maintain current Workers Compensation and
Employer's Liability insurance coverage with statutory limits. •
RECEIVED
86498v1 11/13/20 MAR 2 9 2021
CITY CLERK'S OFFICE
DocuSign Envelope ID: 1D9B1B06-F03E-45B7-8798-07A2CC9C5D95
7. Whenever notice is required to be given pursuant to this Agreement, it shall
be personally delivered or sent by first class United States mail (registered or
certified with return receipt requested), or by a nationally recognized
overnight delivery service, postage prepaid, addressed to the parties at their
respective addresses as follows:
If to Aurora: If to User:
Aurora Health Care, Inc. City of Oshkosh Fire
750 W.Virginia Street 101 Court St.
Milwaukee,Wisconsin 53204 Oshkosh,WI 54904
Attn: Asst. Chief/Fire Marshal
With a copy to:
Advocate Aurora Health
750 W. Virginia Street
Milwaukee,Wisconsin 53204
Attn: Chief Legal Counsel
Or such other address or addresses as any party, by written notice in the
manner specified above to the other parties hereto, may designate from time
to time. Notice shall be deemed to have been given on the date the notice is
received (if personally delivered) or one business day after the date the notice
is properly sent through a nationally recognized overnight delivery service or
three (3) business days following deposit in the United States mail.
8. This Agreement may be executed in counterparts, each of which upon such
execution shall be deemed an original. Signatures provided by telecopy or
other electronic means (i.e., e-mail, DocuSign) shall have the same binding
effect as original signatures.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement the day and year first above written.
AURORA: USER:
Aurora Medical Group, Inc. City of Oshkosh
By: By:
H.James Slinkman
Its:Senior Vice President We will add City Signature page.
Associate General Counsel
Leg
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EXHIBIT"A"
DESCRIPTION OF USE
User shall have access to the identified vacant buildings and parking lot for fire department
training. Training shall be limited to forcible entry/exit, roof ventilation, and wall breaching
and in no event shall cause any significant fire damage to the property. User shall also secure
exterior openings created by the training in said buildings upon completion of training with
plywood and other materials as necessary.
86498v1 11/13/20
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Signature Page
,—DocuSigned by:
By
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Mark Rohloff,City Manager
3/24/2021
DocuSigned by:
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Pain Ubrig,City Clerk
3/29/2021
DocuSigned by:
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Mike Stanley,City Fire Chief
3/29/2021
DocuSigned
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Lynn Lorenson,City Attorney
3/29/2021
86498v1 11/13/20
Ubrig, Pam
From: Walimuller, Kim
Sent: Monday, March 29, 2021 11:18 AM
To: Ubrig, Pam
Subject: Signed and dated contract
Attachments: Aurora_City of Oshkosh Fire Department Agreement Acquired Structures 3.1....pdf
Good morning Pam,
Chief Stanley requested that I send over the attached signed and dated contract for your records.
Let me know if you need anything else.
Thank you,
Kim Walimuller
Administrative Assistant, Oshkosh Fire Department
City of Oshkosh
920.236.5233
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