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HomeMy WebLinkAboutTemporary Access License - Shared Well - 916/920 Mason StreetTEMPORARY ACCESS LICENSE AND AGREEMENT — ABANDONMENT OF SHARED WELL This Temporary Access License and Agreement — Abandonment of Shared Well ("Agreement") is between Gerald Voelker and Charlene Voelker, 920 Mason Street, Oshkosh (collectively Grantor) and the City of Oshkosh, a Wisconsin Municipal Corporation (City or Grantee). RECITALS A. Grantor owns real estate known as 920 Mason Street, Oshkosh, WI. B. 920 Mason Street was previously serviced by a shared well that is located at 916 Mason Street, near the property line of 920 Mason Street. C. The Grantor no longer uses the shared well. The Grantor's use of the shared well stopped on or around 2013 when 920 Mason Street was connected to City water. D. The City has obtained a Court Order allowing the City to cap and abandon the shared well at 916 Mason Street. E. The Grantor consents to the abandonment of the shared well and wishes to facilitate the City's abandonment of the shared well. F. In order to cap and abandon the shared well, the Grantor understands it may be necessary for the City and/or its contractors to access 920 Mason Street and that a portion of 920 Mason Street may need to be excavated. _G.Further, in order to cap and abandon the shared well, the Grantor understands it may be necessary for the City and/or its contractors to remove the fence (located at 916 Mason) or a tree (located at 920 Mason) right next to the shared well. H. The parties are entering into this Agreement for the purpose of allowing the City and/or its contractors, to access the Grantor's land to perform the actions described in this Agreement. AGREEMENT LICENSE. Grantor grants, and the City accepts, a temporary access License to use and perform work at the Grantor's Property. This is subject to the conditions and obligations described in this Agreement. More specifically, the parties agree that: a. This License will allow the City and/or its contractors to access the Grantor's Property for the purposes of, excavating, capping and abandoning the shared well. b. If it is determined by the City and/or its contractors that the fence or the tree near the shared well need to be removed, this License will also allow the City and/or its contractors to access the Grantor's Property for the purpose of removing the fence and the tree. c. The Grantor expressly consents to the removal of the tree located at 920 Mason Street near the shared well. In the event the tree is removed, the Grantor acknowledges the tree will not be replaced but the area of removal will be graded and seeded. d. This License will allow access by City employees and/or contractors and any required vehicles and equipment on 920 Mason Street. e. Prior to accessing the Grantor's property, the City will provide the Grantor with notice which will be made in person, or if unavailable, by posting a notice upon the front door to the Grantor's property. £ This License is temporary, and will expire when the City has finished capping and abandoning the shared well and conducting any restoration necessary to the site, including grading and seeding. g. There may be pipe that runs underground between the Grantor's house and the shared well. The City is only going to cap and abandon the well. The Grantor acknowledges that any pipe between the well and the Grantor's house will remain underground and will not be excavated as part of this Agreement. 2. FEE. No fee shall be paid to the Grantor for this license and the Grantor shall not be responsible for any costs or fees for the services performed under the Agreement. The mutual _ promises given and received will be the consideration for entering into this Agreement. INSURANCE COVERAGE AND MUNICIPAL LIABILITY. All employees and contractors performing services in connection with the project shall have sufficient competence and shall provide adequate assurances that any work to be performed in or around the Property will be performed in a good and workmanlike manner. The City shall require any contractors performing such work to maintain acceptable liability and worker's compensation insurance coverage. Nothing in this Agreement is intended as a waiver of the municipality'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 be applied to and govern all disputes, contractual or otherwise, as they apply to the municipality and its agents, officers, and employees. 4. TERM. This Agreement shall commence on the Date indicated below and shall terminate with no further notice upon completion of the project and/or December 31, 2023 whichever is earlier. Dated this Z day of February, 2023. CITY OF OSHKOSH By: Mark A. Rohloff, City Manager Approved as to form: Lynri W Lorenson, i Attorney G VVoel r harlene oelker Yam^ Jes ' Balcom, City Clerk 3