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Home My WebLink AboutTDS Telecom ~ " City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 November 11,1999 Data-Tel Communication Services 1241 Bellevue Green Bay, WI 54302 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Gentlemen: On November 12, 1999, by resolution #99-431, 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 ofthe 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. Kindlyreturn 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 remember that all conditions of approval must be met before you exercise the privilege in the street. If not, 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 City Attorney cc: ~a R. Ubrig--City Clerk Tony Lang--Engineering John Bluemke--Planning ~(~. j:f\5' ~ S f} 1'~i6tvJ ~ 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: Installation of utility manhole within the sidewalk in front of 315 AlgomaBlvd., per attachment , fully incorporated within this Agreement by reference, WHEREAS, State law provides that by its acceptance of this privilege the undersigned shall become primarily responsible tor 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-ot-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 ponsent 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 tully recited within this document. By executing this agreement and by using the privilege, the undersigned agrees to tully abide by such terms and conditions, including revocation upon written notice for noncompliance with the authorizing resolution and this agreement. Dated this :';;1'> day of ffiv ,1999. TDS TELECOM BY:'-h~ ~.o,/ And~~ 4.L'~ .ù~~ STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this 3D- day of /IJDv6>1B~ 1999, the above-named /!;1}/L=- (¿iEILIIi/Y to me known to be the person(s) who executed the foregoing dócument on behalf ot said TD TELECOM and acknowledged the same. Notary Public, 0411/6 Co., Wisconsin My Commission: 1'E'<f"'¡.a.e:-.. .Ji.I"'Y ~ '2ÐCO Attachment: Resol. #99-431 d",ted 11/9/99 of the Oshkosh Common Council w/attached "Exhibit A". Marsh USA Inc. 11/16/99 10:46 PAGE 2/2 RightFAX PRODUCER J&H MARSH & MclENNAN OF ILLINOIS, INC. 500 WEST MONROE STREET CHICAGO, IL 60661 11/16/99 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A N/A INSURED TDS METROCOM TELEPHONE AND DATA SYSTEMS, INC. 30 N. LASALLE, STE. 4000 CHICAGO, IL 60602 COMPANY B N/A COMPANY C WESTCHESTER FIRE INSURANCE COMPANY COMPANY D THIS IS m CERTIFY THAT THE pQJaES OF INSURANCE 'LlsTÊ6' BELOW HAVE BEEN ISSUÈ'ÖTO niìi I"NSUREO NAMED ABoÆ' Fa¡ THE' PQJCY PER;OO INDICATED, NO1WTHSTANDING ANY REOJIREMENT, TERM CR CONDIllOO OF ANY CON'TRACT CR OTHER DOCUMENTWITH RESPECT TOWiICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFCRDED BY THE POLIOES OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONOIllOOS OF SUCH POLIOES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. CO LlR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECllVE POLlCYEXPIRA;¡ON DATE (MMIDD/YY) DATE (MMIODm) LIMITS C GENERAL LIABILITY X COMMEROAI. GENER/HII'BILITY CLÆMSMADE [8] OCCUR OWNER'S < CCNTRACTOR'SPROT GLS644076 01/01/99 01101/00 GENERAl. AGGREGATE $ PRCCUCTS-COMP/Œ' AGG $ PERSONAl. <ADVINJURY $ EACH OCCURRENCE $ FIRE D""AGE l"""""'.) $ MEDE"" '" ""ep.....) $ 500,000 500,000 1 ,000,000 200,000 50,000 AUTOMOBILE LIABILITY COMBINEO .NGLE LIMIT ANY I'IJTO Al.L OWNEO I'IJTOS SCHEDULED I'IJTOS BODILYINJU", [pe<,.....) $ HIREDI'IJTOS NON-Œ'lNED I'IJTOS BODILY INJURY lPe< arod"'~ $ PROPERTY DAMAGE I'IJTOONLY-EAAcaOENT $ OTHER THAN I'IJTOONLY, UMBRELLA FORM OTHER THAN UM""ELLAFORM EACH AcaDENT $ AGGREGATE $ EACH OCCURRENCE $ AGGREGATE $ $ THE PROPRIETORI PARTNERs/EXECUTIVE OFFICERS AAE' OTHER INCL EXCL srATUTORYLIMITS EACH ACODENT $ Dlæ!'SE-POLICYLIMIT $ Dlæ.'SE-EACHEMPLOYEE $ EMPLOYERS'LlAB.,TY DESCRIPTICN OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS LIMITS MAY HAVE BEEN REDUCED BY PAID CLAI.SAND MAY HAVE DEDUCTIBLES OR RETENllDNS. S RESPECTS APPLICATION FOR TDS METROCOM TO PLAC/INSTALLA U11L1TY MANHOLE IN THE SIDEWALK LOCATED IN FRONT OF 315 ALGOMA LVD., CITY OF OSHKOSH. CITY OF OSHKOSH IS INCLUDED AS AN ADDITIONAL INSURED. GENERAL LIABILITY LIMITS APPLY OVER A $150,000 ELF INSURED RETENTION EACH OCCURRENCE. CITY OF OSHKOSH 215CHURCH AVE. OSHKOSH, VV1 54902-1130 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIl. lQ...- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTFAILURE TO M,o¡L SUCH NOTICE SHAlL IMPOSE NO OBLIGATION OR LIABILITY OF Marsh U.S.A., Inc. 500 W Monroe St OATE(MM/DDNY) 01/04/2001 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Chicago iL 60661-3630 Federal Insurance Company INSURED COMPANY D CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIVYi DATE (MM/DDIYYI LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 0 OCCUR OWNER'S & CONTRACTORS PROT SIR - $150,ODD X Per Location Aggregate X Per Pro'ect A re ate AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEOULED AUTOS HIREO AUTOS NON-OWN EO AUTOS PERSONAL & AOV INJURY EACH OCCURRENCE 2,000,000 2,000,000 1,000,000 1,000,000 Included 10000 A GENERAL LIABILITY 3575-65-32 01/01/2000 01101/2002 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG S FIRE DAMAGE (Aoyooofi", I MED EXP (Aoyooo ""'"I $ COMBINED SINGLE LIMIT BODILY INJURY (P" p""" BODILY INJURY (P" '00"00'1 PROPERTY DAMAGE AUTO ONLY - EA ACCIOENT S OTHER THAN AUTO ONLY, EACH ACCIDENT S OTHER THAN UMBRELLA FORM AGGREGATE $ EACH CCCURRENCE $ AGGREGATE I , WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY w"",,- """M'" 0'"- " '""""",o~ p,"""""',""" 0"""""' INCL EXCL EL EACH ACCIDENT EL OISEASE. POLICY LIMIT $ EL DISEASE. EA EMPLOYEE $ I OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS CITY OF OSHKOSH IS INCLUDED AS AN ADDITIONAL INSURED AS RESPECTS APPLICATION FOR TDS METROCOM TO PLACE/INSTALL A UTILITY MANHOLE IN THE SIDEWALK LOCATED IN FRONT OF 315 ALGOMA BLVD, CITY OF OSHKOSH. CITY OF OSHKOSH 215 Church Ave SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL :3.9_- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURETOMAILSUCH NDTICESHALLIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. Oshkosh WI 54901-4747 . . " / City Attorney's Office Phone: (920) 236-5115 Fax; (920) 236-5090 "-" I v-----' ",j Y\.~ ~ ,).J--- --;vP- f~~~ November 19,1999 TDS TELECOM :( 301 S. Westfield Road )\ Madison,WI53717-1799 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Gentlemen: Enclosed is a revised Agreement for Privilege in Street at 315 Algoma Boulevard in Oshkosh. Please have the proper company officials execute one copy and return to our office. We will hold your certificate of insurance until we receive the signed Agreement. The copy is for your records. If you have any further questions, please do not hesitate to advise. Sincerely, CITY OF OSHKOSH Lynn A. Lorenson City Attorne cc: amela R. Ubrig--City Clerk Tony Lang--Engineering John Bluemke--Planning ~~~~