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Home My WebLink AboutD & F Investments r AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the street right-of-way as foHows: Constnucti"s a parkins lot within the former Marion Road right-of-way adjacent to 30 Wiscons¡" Street, per the attached Exhibit A.. WHEREAS, State law provides that by its ac;ceptCInce of !his 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 IJranting permission to the undersigned to place an obstruction within the street right-af-way, the undersigned agrees that helshelit is solely responsible for hlslherms activities under thìs 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 obstn,¡ction in the street right-of-way by the undersigned. Further, the undersigned agrees to prote~t and hold the City of Oshkosh harmless against all actions, claims ¡¡nd demands of any kind or character whatsoever whic-) m"y in any way be cause'! by the activities under this privilege by the undersigned or agents or employees. Further, tile 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 mat Ihls 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 alllerms and conditions oontained ìn any authorizing resolution adopted by the: City of Oshkosh Common Council, which is incorporated by reference as if fully recited within this documl~nt By executing this agreement and by using the prìvilege, the undersigned agrees to fully abide by such terms and conditions, Including revocation upon written notice for noncompUance with the authorizing resolution and this agreement ' Dated this~ day of November, 2003, By: Name & Title: J)Ü-<IIS' Sc¡~4b Member And: Name & Title: STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) 55. Personally came before me this 6th d~ of November Dennis E. Schwab /Member I~ ,- (name & title) (name & title) person(.éj and officers who executed the foregoing do ment 0 OSHKOSH, LLP and acknowledged the same. , 2003, the above..named to me known to b.: the F INVESTMENTS OF Attachment: ¡¡¡xhibit "ft:' - Resol, #03-393 dated 9/23103 of the Oshkosh Common Council, with attachments, coo iÈ] S::II1.M::IdOMd ::I<fISIMOd 860T9HOZ6 xV.:! CZ: 60 COOV90/H . . . .. . .. . . . .. . . . . .. II II . I EXHIBIT "A" SEPTEMBER 23, 2003 03-393 RESOLUTION (CARRIED 1. í) WITHDRAWN LAID OVER LOST PURPOSE: AMEND CONDITIONAL USE PERMIT; APPROVE REVISED PLANNED DEVELOPMENT; GRANT PRIVILEGE IN STREET / 30 WISCONSIN STREET INITIATED BY: D&F INVESTMENT, OWNER/PETITIONER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Common Council previously granted a conditional use permit, as amended, for a planned commercial development on Wisconsin St. within the Marion Road/Pearl Avenue Redevelopment Project Area for construction of a multi-tenant commercial building and separate restaurant building; and WHEREAS, the petitioner desires to amend the development plan by constructing a parking lot on the south end of the site within the former Marion Road right-of-way; and WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in a right-of-way. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the petitioner is hereby granted the privilege of constructing a parking lot Within the former Marion Road right-of-way adjacent to 30 Wisconsin Street with conditions as noted below. BE IT FURTHER RESOLVED that the planned commercial development on Wisconsin St. is hereby amended to permit construction of a parking lot on the south end of the site adjacent to 30 Wisconsin Street, per the attached, with the following conditions: . 1) A revised landscape plan be submitted to, and approved by, the Department of Community Development prior to any parking improvements being constructed in the privilege area. A financial security is to be provided to the City based on the estimated landscaping costs. Form of the financial security is to be determined by the Dept. of Community Development and to be provided prior to parking use in the privilege in street area. II, II .. . .. III .. .. .. .. .. II .. .. 18 III II II I SEPTEMBER 23, 2003 03-393 RESOLUTION CONT'D 2) A lighting plan be submitted to, and approved by, the Dept. of Community Development prior to any parking improvements being constructed in the privilege area. Lighting to be installed no later than 3 months following substantial completion of the parking lot improvements. 3) The final width and location of the proposed public pathway is to be determined and approved by the Dept. of Community Development. Petitioner shall assume costs for path construction and shall provide the City with a financial security based on the estimated costs from the approved plan. Form of the financial security is to be determined by the Dept. of Community Development and to be provided prior to parking use in the privilege in street area. 4) The parking lot perimeter is to be curbed with curb design to be approved by the Dept. of Community Development. 5) A revised stormwater plan be submitted to, and approved by, the Dept. of Public Works prior to parking improvements being constructed. 6) All utilities to be placed in the right-of-way are to be approved by the Dept. of Public Works. .7) If no longer needed any utilities placed in the right-of-way are to be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. 8) Any problem which may arise from improvements made in the right-of-way shall be the responsibility of the petitioner/owner to correct in coordination with the Dept. of Public Works. 9) The improvements be modified or removed immediately upon the request of the City. 10) 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. 11) 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 within ten (10) days of expiration. 12) The petitioner/owner execute a hold harmless agreement with the City. 13) Petitioner shall topsoil and seed with grass the remaining right-of-way area between paved Marion Road and Wisconsin Street and maintain said area. Petitioner is to provide a grading plan for the area subject to review and approval by the Dept. of Public Works. Area is to be seeded no later than November 1, 2003. 14) Subject to approval by any or all other State and Federal authorities in association with the Wisconsin Street bridge reconstruction project. BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves of the Planned District Overlay and final development plan per the attached plan. II~' -' II ~ .- .- ~ - .a - I II I I I I I liii" .... It! ~ CI) ~ ~ 0 () ~ s: ~ " p. oÒ ? ?~ .of'" H ? .<'" P. oÒ ..( ------- ~.¿- .?~ QJRROO CUP/ill REQJEST . I PRIVlLE~~- I I i k ASSOC. IN" ASSUIA£S NO ~_Rlft~~~TYOR ,=.~J".~ ~1HOUT r~~~.~,;:~~~"~.. , ~,."~T-=~~~ RESI'ONSISt£ FOR""""".1HE E>OS1ENœ """," ALl """"?'""""""UTD.mES. ' , , '. PEARL A VENUE ~.? '.~.., ... .. / ./ ¥ H ~ , ACORD. CERTIFICATE OF LlAåíLlTY INSURANCç~~p;i~~.2~E;~~~D~'3 PRODUCER nlls C¡;¡RTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~homas Insurance Group ONI..Y AND CONFERS NO RIGHTS UPON THE CERTIFIOATE 303 Pea~l Avenue HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 3397 ALTER THE COVERAGE AFFORDED BY THI; PO¡'ICI¡;¡S BELOW, Osbkosh WI 54903-3397 I INSURERS AFFORDING COVERAGE phone:920-235-G4Gl Fa~:920-235-3~9G INSURED INSURER A: General Casualty Com~anv D & F Invesbnents Of C)shkosh INSURER B: ~!?, INSURER C: O~ o=egon Street, Suite B INSURER 0: Os kosh WI 54902 INsURER" NOV 5 2003 3'50PM THOMAS INSURANCE G THE POLICIES OF INSURANC. LISTED oOLOW HAVE o.E'IISSUEO 10 1HE INSURED N,.,.,ED ABOVE POR THE POUDY P.RIOD INDICATED, NO'tWITHSTANDING ANY R,OUIREMENT, TERM OR CONDITION of ANY CONt-DT OR OTHER DOCUMENT WITH REspeCT TO WHICH THIS ceRTIFICATE MAY .ElssueD OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHEPOLI( lEa CESCRIBEC HEI'EIN IS SUBJEDTTO A1.L THE TERMS, E)(OLUSIONSANC coNDITlONSOP SuCH POLICIES, A~DREGATE LIMITS SHOWN MAY HAVE EeEN ~'DUCEO sY PAID ClAIMS, 't!$'.I' TYPE OF INSURANCE POLlcywMBER ~:r;(,E.f¡~~~E p p I.JMIT. E MI ~NSRAL LIADI"'1Y EACH OCCURRENCE s 1000000 A ~ OMSRCIAL GENeRAL LIAOl""N' CCSO2$OS4S 10/24/03 10/24/04 FlR~t)A~AGEI""y".fl") 150000 f- ClAIMS MACE [R] OCCU~ MED OX, (Any ono """,n) $ 5000 f- PERSONAL' ADV INJURY ,1000000 f- ~ENEf'AL AG~REGATô ,2000000 ~'~ AG~eñE ,LIMIT APñS, PER: PRODUCTS - COMPIOP M~ ! 2000000 POLICY ~.\'8T LOC ~TOMODl.S .'ABILITI' SAS01S5244 COMBINED SINGLE LIMIT 11000000 A ~ ANY AUTC 02/17/03 02/17/04 IE""".nl) c- ALL OWNED AUTOI I r"o."r~~1i~,;')U~Y $ ~ SOHEDULED AUTOS 2£ HIReCAUTOs BODILYINoIURY J£ NON-OWNED Auras (P.r.,QitQOI) $ rP~~:~'Wn8AMA~e $ RRAGELldlLl'N' AUTO ONLY-EAAOOIDENT $ ANY AUTO 2ú\'6~fI# ""ACC , AM , EXCESS LlADILI'N' 'ACH ocCURR.NC. ! :~~j"CCCUR 0 Ct.AIMS MAOE A~GREGATE $ S ~ DEDUCTIELE $ RETENTICN , $ WORK",,' CONPENSA110N AND I f,!\,o,\-'QI'YT' Iv~~- EMP"OYE~" LlABI"'TY E,L, EACH ACCIDENT I E,L, DISEASE - EA EMPLOYEE S E,L DISEASE . POLICY LIMIT $ OTHE~ : ! D~CRIPTION OP OPERATlDNSlLOCATIONSWEHICLESlEI,(CLUSIONS ADOOD BY ENDORS.MENT/SPECIAL pROVISIONS Cíty of Oshkosh ís listed as an additíonal insured. Tumbleweed Restaurant, 30 W~sQonsín Avenue inoluding parking lot =d fonler Maríon "-d, :l:oadway, i CERTIFICATE HOLDER I y I ADDITIONAL INSURED; INSUR.R LEmR: CA¡'¡CEiLLATIO¡'¡ CI~YOSH SHOULD ANYDP THE ASOVE DESCRISED POLIOIES aE OANeELLED aEFO~E THE Ex"RATIO' DATE THERoOF, THEISSUIN~ INSUR'. WILL ENDI'AVO~ TO MAIL .3.!L- Dl\YS WRm'EN City of Oshkosh NOTICE TO THE CE~TIFIOATE HOLDER NAMED TO THE LEI'l', BUT FAILUR!; TO DO SO SHA"L City C1e~k IMPOSE NO Ool.l~ATlON OR "IADlLI'N' OF ~ V'ON THEIN~TS A~ENTS OR 215 Churoh Avenue Oshkosh WI 54901 REPRESENTATIVES, AUTHORIZED REP~E'FNTATIVE :.,p¿ .~. ~homBs J. u e ACORD 25-S (7197) @ACORDCORPORATION 1988 covSRAGES