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HomeMy WebLinkAboutStannard Dry Cleaning ~~1:i AGREEMENT ¿; o/?~ ~ (..J.-- WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the street right-of-way as follows: Installation of a 1 inch diameter flush mounted monitoring well in the terrace area along the west side of Division Street., per the attached Exhibit (Letter agreement dated 9/23/03) WHEREAS, State law provides that by its acceptance of this privilege the undersigned shall become primarily responsible for damages to person or property by reason of the granting of the privilege; NOW, THEREFORE, in consideration of the City of Oshkosh, a Municipai Corporation granting permission to the undersigned to place an obstruction within the street right-of-way, the undersigned agrees that he/she/it is soiely responsible for his/her/its activities under this agreement. The undersigned hereby releases the City of Oshkosh from all debt, claims, demands, damages, actions and causes of action whatsoever which may result from the placement of an obstruction in the street right-of-way by the undersigned. Further, the undersigned agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the activities under this privilege by the undersigned or agents or employees. Further, the undersigned agrees to indemnify and refund to the City all such sums which the City may be obligated or adjudged to pay, including the City's attorney fees and costs, on such actions, claims or demands within 30 days after written request for such indemnification. The undersigned agrees that this paragraph is to be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City under this agreement. This agreement and the privilege cannot be assigned without the written consent of the City of Oshkosh. The privilege is subject to all terms and conditions contained in any authorizing resolution adopted by the City of Oshkosh Common Council, which is incorporated by reference as if fully recited within this document. By executing this agreement and by using the privilege, the undersigned agrees to fully abide by such terms and conditions, including revocation upon written notice for noncompliance with the authorizing resolution and this agreement. Ii Dated this ,2:; day of ¥' ST~NN RD DRY CLE ,2003. And: Name & Title: STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) J),.. Personally came before me this ~day of ~ or\ \'If¡, J. 'Ie h2j , 8IEI- ~f'¡.zed 1- (name & title) , (name & title) person(s) and officer(s) who executed the foregoing document on behalf of said STANNARD DRY CLEANING and acknowledged the same. ~ . . ~ð.~~ Notary Public, tJ~ Co., Wisconsin My Commission: . /-,f-c2IXJG , 2003, the above-named to me known to be the Attachment: Letter agreement from Stannard Dry Cleaning dated 9/23/03. . - ~ OJHKOJH City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54902-1130 (920) 236.5055 (920) 236-5053 FAX http://www.ci.oshkosh.wi.us (pf~ JACKSON R. KINNEY Director O",HE WAT" September 23, 2003 Donna LeRoy Stannard Dry Cleaning 653 North Main Street Oshkosh, WI 54901 Re; Privilege in Street - Monitoring Well Dear Ms. LeRoy; This confinns my telephone conversation of September 23, 2003, during which time I discussed with you the pre-conditions of Stannard Dry Cleaning to install a 1 inch diameter flush mounted moIÙtoring well in the terrace area along the west side of Division while a privilege in the street is pending. State law requires that prior to any such work beginning, the muIÙcipality must approve a pennit subject to certain conditions. I understand Stannard is seeking to place the moIÙtoring well at this time in order to obtain two samples prior to the end this year. I have spoken with Kathy Sylvester at the WDNR and she recommended the moIÙtoring well be placed as earlier as possible to be able to obtain samples at the same time as others placed on the Stannard property. The pre-conditions are as follows; 1. Stannard Dry Cleaning shall file an application with the city admiIÙstration to obtain a privilege in street, and shall provide all the appropriate documentation, and shall pay all appropriate fees. Stannard will secure and submit to the City Clerk a separate insurance policy, which names the city as an additional insured with a mirùmum coverage of $200,000 per person and $500,000 in general aggregate (it is Stannard's responsibility to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to due so will result in revoking the privilege upon ten (10) days notice. Stannard will execute a hold harmless agreement with the city (available from the Secretary to the City Attorney, Room 401 City Hall). Stannard shall understand that any construction activity done prior to Council approve is done at Stannard's own risk. If the Common Council, for some reason, deIÙes or modifies the pennit request, Stannard will be required to remove all improvements within ten (10) working days and restore the right-of-way to its pre-construction condition. The moIÙtoring well is to be installed in a manner and location that is approved by the Department of Public Works. 2. 3. 4. 5. 6. The authorized representative of Stannard Dry Cleaning must endorse the bottom of this letter as agreement to these conditions. Sincerely, Darryn Burich Principal Planner Stannard Dry Cleaning agrees to and will abide by the above conditions. Dated: September 23, 2003 B~ ~ ÆcIJi nze gnt \ SEP-Z3-ZDD3 ¡Z:IBPM F~OM-ALYHA TE~~A meN"t BZD-HBl-lOLD 1-34l Y.DDUDDl F-4i, ACORQ ...aQUeER (920)457-7781 UIT-Marit:ime, Inc. 832 Niagara Avenue PO Sox 251 sheboygan, I'll 53082-0251 IN"U." Alpha Terra Science Inc 1237 South Pllgr1m Road Plymouth. I'll 53073 CERTIFICATE OF LIABILITY INSURANCE I ~~i~;;;~~3 FAX (920)451-8248 ~EyC;~6'~g~#~~~I~~U~g~~sAu~~LTf~EO¿J~f~~'1~~ION ~eff~~'H~Hb~VlR~~~~~~8~6lDN~J f:I~8L,~~li~~&~. INSURERS AF~ORDING COVERAGE NAIC # "",""I<A' Selective Insurance of South Ca 01 ina "SURER. "SURERC. INSURER D ..5U!>ERE CDV<OdGCS THE POll~'ES OF INSURANCE LISTED BELOW HAVE BEEN 'SSUED TOTHE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATeD. NO1W11>1STANDING ANY REQUIReMENT, nRM OR CONDITION OF ANY CONTRACT OR 01>1eR DOCUMENT WITH ReSPECT TO WHICH THIS ceRT1FI~ATE MAY Be ISSUED OR MAY PERTAIN. WE INSURANCE AFFORDED BV THe POLICies DESCRIBeD HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Ji.'!;!<.~'iiJ ",.0I'..8U""eE PO""YNU..ER pa"CYEf' < a"CYE,p...TION OENEAAC\Jl\8ll.nv 5170959800 01/29/2003 01/29/2004 i'fCO~MERCIAl GeNERA' "'BLI1Y --f-1 C"..SMAD" ~ OGC\JR I A ~~:~::n 'r.e;"Pn'~OC ~o'aB~"IA.~nv e.!. A""'O r- 1\1., OwNED AuTOS r- S,",,""'"O'OIO' - HOREO MilOS - NCN.OWNEDA\lfOS "ACHOCCORRE.ce ~~~~~~Ye~~;;::",,' M""E"" "",-","'1 P",SONAI.' ADv INJuR"( GCNOR^, AGGRCGA n: PROOuCTS. caMP'SP AG. UMmI I , 1 000 OOc 300,000 5 OOC 1 000 õõ( 200000 2,000 000 A 5170959800 01/29/2003 01/29/2004 COM~NEOS,""cE,..,T '"""',",,' 1.000,001 """""",uPY IP"..~"" , BOC~,'NJuR' ,0".00_' , mOl"'.nTVD""AC. ,P"",,-, hGel\AB~nv II AN"'." .X«""'MB""'A CIABIUTV p'o«uo DC,^",SMAOE h DeDuCTS'" l1.m"nc" , WOR""M ..MOENUTIPN ANP ....C.YE'" "AS"'TY A ~¡,r~~'U~r:~l'I'l&'b~eeu"vs ""..",.",.., SPECIA' PROVl',"" "'ow ."'... A",'OONl.Y.EAACCIOENT , aTHER"," ",r.o, AuTO ON\.' A"" , ..O~ OCC'.."NO. AOGRECATE , , , , , WC722Zl42 01/29/2003 01/29/2004 -~§T~~ I X ¡OEW- CHA'" "CCloCNT , E.'.O"",,".E'.M""O,,", , ELC"E,,".P"'-,CYLIMIT , sOO 00 500,001 500 OOC O~~"if~~C¡:t~E'm:~Hdk'¡:'C;";N~;'V£'Addi~iC~~':1NOi~~~~~.R~¡."'~~:p:~~i.'~'~b11it)'. for "the installation of well in '¡gIlt-of-way, for the Stannard Cleaners project. C;1:y of Oshkosh Ann: Darryn Burdch, Dept of Community Dev...1opmen1: 215 Church Street PO Box 1130 Oshl(osh, WI 54903-1130 CANCe~LATION BHOuLe ANV °' THe ABOVE OEBCRIB'" pouelES Be CANeB.r.oO B""".- ex_YIONOAYETHe.eOF, ",elssu..,..."",,",WL' ENOEAV.RTOMA~ ...lJL ""'" WO"""" HOTICE TO "'" c.."FlCATe HOUJER H"OO TO - 'OFT, O""""-"",,TO- SUCHNOTIC.",ALl "p""eNoOOlIGA"'ONOR""~1TY 0' AW KIND "fONTHEINSU..,," AGENTS aR ..,....eNTAmiO. AUTl<ORIZEO ....eOENTAT1VE Denice Klett: MI,A(S~ WISC C~"TI"CATE HOlDER ACORD 25 (2001/09) @ACORDCORPORATlON1988 ACORQM CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MMlDDJVYVV) 02/09/2004 PRODUCER (920)457-7781 FAX (920)451-8248 THIS CERTiFICATE is ISSUED AS A MATTER OF iNFORMATION Maritime Insurance Group, Inc.~ ONLY AND CONFERS NO RiGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 832 Niagara Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 251 ~~ SheboygalÌ, WI 53082'è0251 °1::/1/;:; iNSURERS AFFORDiNG COVERAGE NAIC# - ""'.T"" '.","00 ~ 'U INSURER A' Frankenmuth Mutuäl 13986 """'"'" 'H,,;. ,~ 11 ¿ ! INSURER E' , Pl ymouth, WI 53073 COMM(¡~ VOl INSURERC. 17YOE:~ INSURER 0, " , ô,q"M,<-,,- INSURER E, COVERAGES '-..,:: I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDINt ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. '~i'! ,¡:>,g; TYPE OF INSURANCE POUCV NUMBER POLICY EFFECTIVE POUCYEXPIRATION LIMITS GENERAL LIABILITY CPP3025585 01/29/2004 01/29/2005 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 ~ :::J CLAIMS MADE [K] OCCUR MED EXP (Aoy ooe pe~oo) $ 10,000 A PERSONAL & ADV INJURY $ I,OOO,OO( GENERAL AGGREGATE $ 2,000,000 GEN'L AGG~EñE LIMIT APñS PER PRODUCTS. COMPIOP AGG $ 1,000,000 "I POLICY II'.?, LOC ~TOMOBILE LIABILITY BA3025585 01/29/2004 01/29/2005 COMBINED SINGLE LIMIT $ ANY AUTO (E, aceldeol) 1,000,000 - - ALL OWNED AUTOS BODILY INJURY $ .;. SCHEDULED AUTOS (Pe'pe~aol ... A X HIRED AUTOS. BODILY INJURY X $ NON-DWNED AUTOS (P" aceldeol) I-'-'- PROPERTY DAMAGE $ (P"aceld"') RRAGE LIABILITY AUTO ONLY. EAACCIDENT $ ANY AUTO OTHER THAN EAACC $ AUTO ONLY, AGG $ pESSIUMBRELLA LIABILITY EACH OCCURRENCE , OCCUR 0 CLAIMS MADE AGGREGATE , , R DEDUCTIBLE ' RETENTION $ $ WORKEOS COMPENSATION AND WC3025585 01/29/2004 01/29/2005 WC STATU X iO}!! EMPLOYERS' LIABILITY E.L. EACH ACCIDENT 500,000 A ANY PROPRIETOR/PARTNERlEXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE' 50O, OOC ~Þ~~I~t'~R'ò";:s18~s below E.L. DISEASE. POLICY LIMIT , 500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORE THE City of Oshkosh EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Darryn Burrich, ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Dept of Community Development 215 Church Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 1130 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Denice Klett, AAI, ACSR, WISC ACORD 25 (2001/08) @ACORD CORPORATION 1988 OCTOBER 14, 2003 03-416 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN INITIATED BY: GRANT PRIVILEGE IN STREET / DIVISION STREET; WEST SIDE, ACROSS FROM 653 N. MAIN STREET ALPHA TERRA SCIENCE, PETITIONER FOR STANNARD DRY CLEANING . PURPOSE; PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Alpha Terra Science has requested the Common Council to grant them the privilege of installing a monitoring well within the right-of-way on Division Street; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way; and WHEREAS, the Plan Commission has approved of this request with conditions. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Alpha Terra Science the privilege of installing a monitoring well within the right-of-way of Division Street, across from 653 N. Main Street, per the attached, contingent upon the following; 1) The monitoring well be installed in a manner that is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed, the monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem which may arise as a result of the installation of the monitoring well be the responsibility of the petitioner/owner to correct in coordination with the Deparment of Public Works. . All appropriate permits be obtained prior to the start of boring or excavation work. The monitoring well be modified or removed immediately upon the request of the 4) 5) City. 6) The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. 8) The petitioner/owner execute a hold harmless agreement with the City.