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Home My WebLink AboutMeyer Services City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236"5090 May 17, 2002 MEYER SERVICES, INC. ATTN: Daniel J. Meyer 4520 Greenville Dr. Appleton, WI 54913 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Gentlemen: On May 14, 2002, by resolution #02-146, 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, from all liability arising from 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 Tony Lang, Engineering Matt Tucker, Community Dev. DC)-!4Lo (o-5~O~ 5-8l~O~ .. ~~~ AGREEMENT 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 communication cable conduit under W. 23rd Avenue between Oshkosh Truck and 2222 Minnesota Street, per attached "Exhibit A". 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 priviiege; 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/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. Dated thi~ day of ,2002. By: And: STATE OF WISCONSIN) WINNEBAGO COUNTY) Personally came before me this ¿)-')-. day of Ii"",,- (" and officer(s) who ex cuted the foregoing documen acknowledged the same. ) SS, , 2002, the above-named to me known to be the person(s) MEV, R SERVICES, INC. and ~UII U -~ JUN 0 5 2002 IW Attachment: Resoi. #02-146 dated 5/14/02 of the Oshkosh Common counc'lfõ) together with attached Exhibit "p.:' lffi CITY CLERK'S OFFICE .. . .. II II II .. II II II II .. .. .. II .. II II . ......., MAY 14, 2002 02-146 RESOLUTION /'.) (CARRIED ~ -u LOST WITHDRAWN LAID OVER PURPOSE: GRANT PRIVILEGE IN STREET/W. 23RD AVENUE INITIATED BY: MEYER SERVICES INC, PETITIONER; OSHKOSH TRUCK, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Meyer Services Inc. has requested the Common Council to grant them the privilege of installing communication cable conduit under W. 23rd Avenue, between Oshkosh Truck and 2222 Minnesota Street, per the attached "Exhibit A"; 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 Meyer Services Inc. the privilege of installing communication cable conduit under W. 23rd Avenue, between Oshkosh Truck and 2222 Minnesota Street, per the attached "Exhibit A", contingent upon the following: 1) 2) The conduit be installed in a manner that is approved by the Department of Public Works. If no longer needed, the conduit be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works, Any probiem which may arise as a result of the installàtion of conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to installation of the conduit. The conduit 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 i.n 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. The privilege in street be granted only for the W. 23rd Avenue right-of-way. 3) 4) 5) 6) 7) 8) 9) 81 Ç) g Ç)Q ÇJ %r. :.~cr\ rn \J , D. ~ . ~. am 00 '" "', "', o[1ö ~ 0 - ill 11,..,,' Ô , D r--1 . ~ " ::;¡. L-...J_::;¡ .. ÇJ - I ~ .. .. .. II II II .. II .. .. II . ""'" This map is .?lt~~;N~~~ recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, couuty and state offices and otber sources affecting the area show" and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsihle for a"y inaccurades berein contained. U discrependes are found, please contact the City of Oshkosh. Privilege in Street City of Oshkosh Wisconsin Community Development ~ 0 N + 250 Feet , Created hy - dm 5/2/02 MAY 14, 2002 02-146 RESOLUTION (CARRIED 5-0 LOST WITHDRAWN LAID OVER PURPOSE: GRANT PRIVILEGE IN STREET/W. 23RD AVENUE INITIATED BY: MEYER SERVICES INC, PETITIONER; OSHKOSH TRUCK, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Meyer Services Inc. has requested the Common Council to grant them the privilege of installing communication cable conduit under W. 23rd Avenue, between Oshkosh Truck and 2222 Minnesota Street, per the attached "Exhibit A"; 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 Meyer Services Inc. the privilege of installing communication cable conduit under W. 23rd Avenue, between Oshkosh Truck and 2222 Minnesota Street, per the attached "Exhibit A", contingent upon the following: 1 ) 2) The conduit be installed in a manner that is approved by the Department of Public Works. If no longer needed, the conduit 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 conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. All appropriate permits be obtained prior to installation of the conduit. The conduit 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 $500,000 in general aggregate. It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The petitioner/owner execute a hold harmless agreement with the City. The privilege in street be granted only for the W. 23rd Avenue right-of-way. 3) 4) 5) 6) 7) 8) 9) --1 1 § -t!) ,3;:--. // ,;"I::J / >")-,,9 J: d - .¿: ..¡;Z- <? "') ':, '" é~ £. ,"7\ ¡V (() (Õ (?> I , 'OJ r- I cfl.,;;; ¡ 4" I '.11 ;, @ ¡ "2;. !'ð I -<. <ð ¡ , ; I ! ¡ k I iñ ~C .. ~Î I:!. 0 +. l/J "EXHIBIT A" ',' ¡,J:" ,; ,. v -0- c f; '" ~ Q-- -r) --0 - 1\ L c - (Y) <::5 :::.~' r---x !¡ .~ ~ ., ,,) -; I. U ~ '.J C ~~ I- , ~ ~ - ------">1 d .\I: Ci ¿, I \ ~ ¿ :t ~," I '¡' + 1 ~ J o~ '~ ~ ~l~ I, : /¡~;-- -+. - ¡ ¡Ç)$~ : <,,¿yo- ;¡:. ct: r() (Y) ~ ,¿:J ¡ 'iii - ¡ ~.LI@ . ¡; , .,) e ¡ l!) ,:::-~Q) ; \J-:.t:; G) @ .-. _.-.~ / / ..... .... ó ... , ... .. f d €.~ ~ ... "'.... > ,/1::1 ~ð : '(D~---.~/ 1,',',' , I .¡ , t '-... ¡ ¡'j I' <!) --L.." J i I \ j I œ J=, ,/) "1) !~ 6:, ,>-j.,¡: t" ~ Jf r-- 'i~ .j' ,'} '" ,).:. ($ ,_c l(7¡ ,,"'~ I.. ;J '+ç ¡ b+Q<;~\J\J\~ : , j Ç.C: ~~t~ 1 ! It) ':J.' ¥. () ð' '£ r, \.u 2 <E:--\- ú'ì '7... ~ DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to he used as one. This drawing is a cnmpilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be n'cd for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccnracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Privilege in Street 0 , 250 Feet , + City of Oshkosh Wisconsin Commnnity Development Created hy - dm 5/2/02 Date: 5121/02 02:29 PM Sender's Fax 10: 920-968-5295 . ()Jr..y Cltf'K - MEYESER-01 Fe;.,( - RYST Page20f2 ACORO,. CERTIFICATE OF LIABILITY INSURANCE 1 DATE....,.,>VV) OS/21/200Z PRODUCER " (920) 739-7711 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION rnsurance Services, me. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Richard DeVries HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 871 AI. TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1Ipp1eton WI 54912-0877 INSURERS AFFORDING COVERAGE INSURED INSURER' Seeura Supreme msuranee, C~any INSURERR ~~r ~~~i~e r~ ~SURER c, INSURERD Appleton WI 54915-8801 INSURERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENTWITH RESPECT TO WHICH THIS CERT!FICAlE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES, AGGREGAlE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ':'ill' ""'EOFINSURANCE POlICY NUMBER P8k~9J'~ pß';.!fl,r¡¡¡~;œN LIMITS ~GENERA1.UABIUTY BO-CP-J03.88..24 OS/20/2002 OS/20/2003 EACH OCCURRENCE S A X COMMERClAlGENERAll"""!Y F~EDAMAGE(AA;,"'""I , ClA",SMADE I!J ooc,"" MEDEXP(A"Y""p""pl , PERSONAl&ADV(NJJRY , I GENERAL AGGREGATE , CANCELLATION SHOULD"" OF THE ABOVE DES<RBED POLICIES BE CANCELLED BEFÒRE "'E EXPIRATION DATE"'OREOF, THE ISS\Æ<GINStJRERWIU. ENDEAVORTO .~l---2.Q,AVS WRITTEN ( NOTICE TO THE CERTIFICATE HOLDER NAMED TO "'E LEFT, BUT FAllURETO DO so SHALL ( ""ose NO OØLIGATION OR LIABILITY OF "" KINO UPON "'E"",,,EA, ITS AGENTS DR REPRESENTATIVES I AUTHORI2ED.......ENTATIVE ~~-: ~b/~ ñp:;En ';, APP'ñE:c -¥DMOBIlELIABILITY A ~ ""UTO ~ AllOWNEDAUTOS --- SCHEDllEDAUTOS ~ HREDAUTOS ~ NON,OWNEDAUTOS PRODUCTS" COMe/OP AGe BO-A-3038825.1 OS/20/2002 OS/20/2003 ~~~.r~i'"eLELlMIT BODLYWJJRV (P"""pl BDOlY/""RY (Po","-) PROPER1YOAMAGE <F"",,",,") ~GELIABILITY :1 A'" AUTO AUTOONlY.EHC(:[)ENT OTHER]);" AUTO ON" EHCC . AGG , EXCEOSLlABILI1Y :!JDCCUR 0 ClAMS MADE I DEDUCTlBlE x1~"N ,10,000 WORKERS COMPENSATIDH AND A EMPLOVERS'LIABLITY EACH DCCURRENCE OS/20/2002 OS/20/2003 AGGREGATE A CU 303 B8 27 we 303 B8 26 S xl~m'i:- 1°J);' OS/20/2002 OS/20/2003 ELEACHACCIDENT S E1 «sEASE-""JPlO"'E S ElC<SEASE pOllcn"" , OT!<ER A Hired & Rome<! Cont, Equip BO-CP.JO3.BB-24 OS/20/2002 OS/20/2003 DeSCRIPTION OF OPERATlONSJLOCAT1ONSIVEHICLESlEXCLUSIONS ADDEO BYENDDRSEMENTISI'ECIAL PROVISIONS Ci.ty of Oshkosh is listed as an additional insured to the General Liab:i1ity. CERTIFICATE HOLDER ADDITIONAL INSURED: INSURER LETTER, City of Oshkosh 2~5 Church Ave Oshkosh wr 54901- , 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 , 500,000 $ , S S 5,000,000 5,000,000 100,000 100,000 500,000 $200,000 ()n~' fed uJ / ~--'- ACORD Z5-5 (7/97)