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Home My WebLink AboutNorthern Environmental City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 4,\J>~ If! August 28, 2002 NORTHERN ENVIRONMENTAL TECHNOLOGIES, INC. 954 Circle Dr. Green Bay, WI 54304 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Gentlemen: On August 27, 2002, by resolution #02-306, the City of Oshkosh Common Council approved your request for a privilege in street permit subject to certain conditions that are made a part of the approval resolution. In order for the permit to be valid, each one of these conditions must be satisfied. To that end, please find enclosed for your signature an Agreement releasing, and holding the City harmless, £Tom all liability arising £Tom your use of the permit. This, along with the insurance filing requirements ($200,000/$500,000 limits) are part of state law that enables the City to allow you this use. Kindly return to this office the signed Agreement along with your proof of insurance, either a separate policy or naming the City as an additional insured on your policy. Please execute and return to us as soon as possible. These conditions of approval must be met before YQ!! exercise the privilege in the street. Ifnot, the city is empowered to shut down any activities undertaken before the paperwork is finished. Direct any questions about insurance and liability releases to this office. Any other questions concerning the remaining conditions should be directed to the Public Works Department at 236-5065. Thank you very much for your timely cooperation in these matters. Sincerely, CITY OF OSHKOSH Lynn A. Lorenson Asst. City Attorney cc: Pamela R. Ubrig--City Clerk Dave Patek, Dir. of Public Works Matt Tucker, Community Dev. ~ ~ q~ d-~ ~)- (JQ(: q - d(o -{){1- ~" 4-~~~Oo-- ~~D fJ Oft;. [Ë nW ~ ~.ffìI ¡WI, U I U U Sr:p 04 2002 L~n:.:_9ERK'S OFFICE AGREEMENT edj~ ". '" WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the street right-of-way as follows: Installing monitoring wells within the Pearl Avenue right-of-way, adjacent to 416 Pearl Avenue, per the attached Exhibit (Reso!. 02-306 with attachment). 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 Municipal Corporation granting permission to the undersigned to place an obstruction within the street right-of-way, the undersigned agrees that he/she/it is solely responsible for his/herllts 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. Dated thiS..J.ll.. day of ~¡>+. , 2002. :;~~~~ECHNOLOGI::::N~ ~ Æ Title: bì~-\v¡'c..-\- b,~V'ec.~ Title: ~¡e..c.-I- 4~- STATE OF WISCONSIN) WINNEBAGO COUNTY) Personally came before me this /ó-t1L- day of ~ ' 2002, the above-named "'-¡<\.,..,\ B. R.a~ J I~,¡'s~""¡' ~\... and M.,;II.. A. fokl- \ I'",,~ ¡,I---:r to me known to be the (name & title) (name & title person(s) and officers who executed the foregoing document on behalf of said NORTHERN ENVIRONMENTAL TECHNOLOGIES, INC. and ~~e C?~¿ Notary Pu~lic.' ~~ ¡;o., Wisconsin My Commission: ~ -~ ) SS. Attachment: Resol. #02-306 dated 8/27/02 of the Oshk \Õ)æ~ ~~~ lffi SEP 2 6 2002 IW CITY CLERK'S OFFICE . . . . II . . . II . . . 18 III II II .. II - .. ". » AUGUST 27,2002 02-306 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: GRANT PRIVILEGE IN STREET/PEARL AVENUE NORTHERN ENVIRONMENTAL TECHNOLOGIES INC., PETITIONER INITIATED BY: PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Northern Environmental Technologies, Inc. has requested the Common Council to grant them the privilege of installing monitoring wells within the Pearl Avenue right-of-way, adjacent to 416 Pearl Avenue, per the attached; 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 èouncil of the City of Oshkosh that the proper City officials are hereby authorized and directed to grant Northern Environmental Technologies, Inc. the privilege of installing monitoring wells within the Pearl Avenue right-of-way, adjacent to 416 Pearl Avenue, per the attached, contingent upon the following: 1 ) 2) The monitoring wells be installed in a manner that is approved by the Department of Public Works. If no longer needed, the monitoring wells be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. . Any problem which may arise as a result of the installation of the monitoring wells or placement of the monitoring wells be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to the start of boring or excavation work. The monitoring wells be modified or removed immediately upon the request of the City. 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 $500,000 in general aggregate. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The petitioner/owner execute a hold harmless agreement with the City. 3) 4) 5) 6) 7) 8) I ~ I I I I I I I * ) I I I J I * I I 8 ( I I: ~ : ;" SCA~ 18 I D~: KRE PROJECT: 01AS-1125 . = REV. DATE rH" ORA"'NC ANO All "'ORMAnON C,,"""(D '"["ON" 'H( i ~ 12/06/01 ~~;"";~';O~(;o;¿H~~~O (~~~~M,';';"'¡H~C,,".X?6W[fo~~H~1 I. .'; " 's «PRrsSI' "JRMSHCO ~ - .i Northern Envlronrnental~ .~ " .. Hrdrologl$¡$ . [nglne", . c.oIO91$¡s , +-'00 [(J = .OMIT"""", Will lOCATION [X"",IN<; US, lOCATION t = 8.000 c..tlON UNL""'[O GASOlIN[ 2 - 8.000 c..tlON ""'-""'CD CASOt,"[ J - 8,000 <:AllON UNl""'CD CASOt,'N' IN FEET 15 30 I ! DATE: 06/15/01 MARATHON GAS STATION OSHKOSH. WISCONSIN MONITORING WELL LOCATIONS ~,~..~~ . - ~24102 TUB 10,;,lLFAX 282 784 2998 PROF INS SCVS !¡l] 002 ACORD. CERTIFICATE OF LIABILITY INSURANCt;,R~~~~ ~ DATE IMMit OIYY) 09/2,1/02 POODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Professional Insuranoe Servioe HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 497 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Elm Grove WI 53122 If>lSURERS AFFORDING COVERAGE Phone: 262-784-0863 Fax:262-784-2996 ~- -- INSURER A' GenEoral Casualty INSURER" Northern Environmental INSURER C, r~î~n~~~%~~:'C;~~t INSURER 0, Mequon WI 53092 INSURER E, COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS$UED TO THË INSUReD NAMED Move FOR THE POLICY PERIOD INDICATED. ND'!WITHSTANDING ANY ReQUIREMENT, TeRM OR CONDITION OF ANY CONTRACT OR OTHËR DOCUMENT WITH RESPECT TO """CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCË AFFORDEn BY THE POLICIES DESCRIBED HEREIN IS suaJECT TO ALL THE TERMS, ÉXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN R,OUCEO BY PAlO CLAIMS 'tii!;, TY1'E OF INSURANCE POLICY NUMeER DATE MM/DDI'(Y DATE MMlnDIYY LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 1,000,000. A ~ õ'MERCIAL GENERAL LIABILITY CCI 0276049 04/01/02 04/01/03 FIRE DAMAGE ('""""."') '150 000. - CLA'M5 MADE I2Ð OCCUR MEDEXP(MyO".""OO) '5,000, - PERSONAL & ADV INJURY '1,000 000. i-- GENERAL AGGREGATE , 2 ,OOC ,000. ñ'L AGG:ErilE,LiMIT APñS PER' PROOUC,"' COMP/OP AGG ' -- pOUCY x )~PT LOC ~TOMOBILE LIABIUTY COMBINED SINGLE liMIT '500,COO. A ,.!. ANY AUTO CBA 0276049 04/01/02 04/01/03 ,E.'od'.") I-- ALL OWNED AUrO$ BODILY INJURY SCHEDULED AUTOS (P".."oo) . - ~ HIREO AUTOS BOOILYINJURY ~ NON.OWNEO AUTOS {P" "dd.o1} ' -- PROPERTY DAMAGE (P.,.ce;'.") $ GARAGE LIABIUTY AUTO ONLY. EAACCIOENT $ ~-ANYAUTO ..-- OTHER THAN EAACC , AUTO ONLY AGG , EXCESS LIAB'UTY EACH OCCURRENCE sl,OOS~ A :!J OCCUR 0 CLAIMS MADE CCI 0276049 04/01/02 04/01/03 AGGREGATE 'l,OO(l"~ , ~ oEOUCTIBLE ' X RETENTION $10,000 ' WORKeRS COMPEN""nON AND X I ~¿'R~'i)~YT51 lu¿~, A EM PLOVER.' UA",LITY ewc 0276049 04/01/02 04/01/03 E,L EACH ACCIDENT , 100000. EL. DISE.A$E. EA EMPLOYEE 100000. EL. oI3EASE. POLICY LIMIT $ 500000. OTHER oEMRIPnON 0" OPERATlONSILOCA nONSNEHICLESlEXCLUSIONS AoOEO BY ENnORSEMENTISPECIAL PROOS10NS Addi tional Insured: City of Oshkosh, WI. CERTIFICATE HOLDER I N I AOOlnONAL INSURED: INSURER LETTf¡R, CANCE~LATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANC..LEO aEFORE TOE EXPIRATION city of Oshkosh OATE THE~EDF, THE I3SUINO INSURER WILL ENDEAVOR TO MAIL ..Q3.Q. OA'fS WRITTEN Ci ty ¡;¡Ül NOTlCE TO THE CE~nF1CAT£ HOLDER NAMED TO THE LEFT, Bur FAILURE TO 1>0 50 SHALL 215 Church Avenue IMPOSE NO OBLiOAnON O~ LlABIUTY OF ANY ~IND UPON THE INSURER, ITS A' ;eNTS OR PO Box 1130 Oshkosh WI 54903-1130 REPRESENrAnVES. '" AUTHORIZED REPRESENTATIVE :J I, ,, ¡.--\...fY}), Stanlav B. Stralk 1.... ,) A/'!~. ACORD 2s.S (7/97) ~@ACORliY'C"ORPORA"ION 1988