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HomeMy WebLinkAboutTemporary Access Lic. Agreement for Tree RemovalTEMPORARY ACCESS LICENSE AND AGREEMENT FOR TREE REMOVAL This License and Agreement ("Agreement") is between Christine M. Cushman, 1091 Durfee Avenue, Oshkosh WI and the City of Oshkosh, a Wisconsin Municipal Corporation ("City"). RPCTTAT.0 A. Christine M. Cushman ("Owner") owns and resides on property known as 1091 Durfee Avenue, Oshkosh, Tax Parcel 906-07540 ("Property"). B. There are trees on the Property that are in decline and have become hazardous. Specifically, the City Forestry Division has determined that there are dead or diseased Ash Trees on the Property. The City has provided the Owner with notice that the trees are considered a public nuisance and must be removed. C. The City has also issued a citation against the Owner for the public nuisance. See Winnebago County Case No. 23 FO 1214. The citation is still pending. D. The Owner would like to resolve this matter and has told the City the Owner wants to remove the trees. Unfortunately, the Owner has an inability to do so. E. The Owner has agreed that the City, or its authorized agents, may come on the Property to abate the public nuisance and remove the dead and diseased trees. F. The Owner will be responsible for the cost of removing the dead and diseased trees as outlined in this Agreement. AGREEMENT 1. LICENSE. Owner grants, and the City accepts, a temporary access License to use Owner's Property. This is subject to the conditions and obligations described in this Agreement. More specifically, the parties agree that: a. The City shall provide the Owner at least 24-hour notice prior to accessing Owner's Property. The notice shall be made in person, by email if prearranged with Owner to provide notice in this manner, or by posting a notice upon the front door of the Property. b. This License is temporary, and shall expire when the City has finished removing the dead and diseased trees on site. c. This License will allow the City to access the Grantor's property for the limited purposes of removing dead and diseased trees down to the stump on Owner's Property. The Owner expressly consents to the City's removal of dead and diseased trees on the Owner's Property, and further agrees to pay for the removal. I d. The City's actions under this Agreement are limited to removing the dead and diseased trees to the stump, which the City agrees will abate the public nuisance. The City will not remove any stumps or roots from the Property e. This License applies to the City' employees, officers, agents, contractors, and subcontractors that may be involved in undertaking the tasks allowed by this License. 2. FEE. The Owner shall be responsible for paying for all costs of service the City is providing to the Owner and the Property as part of this Agreement. The City will provide the Owner with estimated project costs before commencement of any work on the Property. The Owner shall be invoiced for the service, and if not paid, the cost of the service shall be imposed as a special charge against the Property. The City does not owe any fee to the Owner for this Agreement. 3. MUNICIPAL LIABILITY. 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 or December 31, 2024 whichever is earlier. CITY OF OSHKOSH Date: By: Marls As./Rohloff, City Manager �1 Russell Van Gompe , Director of Finance Appr ved as to for L Lorenso Attorney PROPERTY OWNER Date: �'-19' 2-3 Diane Bar -AIL, City Clerk