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Home My WebLink AboutD & F Investments 10/30/2002 <t' 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: Encroachment of an outdoor seating area and landscaping area for restaurant within the Marion Road right-of-way. 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/herlits 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 30th day of October ,2002. D&F I~.INV MENTS OF OSH,KOSH, LLP. BY:&!'~ C. J~ And: Dennis E. Schwab Name & Title: Partner Name & Title: STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) SS. Personally came before me this 30th day of Dennis E. Schwab, ~ partner (name & title) (name & title) person(s) and officers who executed the foregoing do ment OSHKOSH, LLP and acknowledged the same. October , 2002, the above-named to me known to be the &F INVESTMENTS OF Co., Wisconsin 2-16-06 Attachment: Resol. #02-363 dated 10/08/02 of the Oshkosh Common Council .r .. . . iJ . . .. .. II . .. . .. I' .. . . I I OCTOBER 8, 2002 02-363 RESOLUTION r7 ,-, (CARRIED' I - v LOST WITHDRAWN LAID OVER PURPOSE: AMEND CONDITIONAL USE PERMIT; APPROVE REVISED PLANNED DEVELOPMENT; GRANT PRIVILEGE IN STREET- WISCONSIN STREET . INITIATED BY: D&F INVESTMENT, OWNER/PETITIONER' PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, the Common Council previously granted a conditional use permit for a planned commercial development on Wisconsin Street within the Marion Road/Pearl Avenue Redevelopment Project Area for construction of a multi-tenant cGmmercial building; and WHEREAS, the petitioner desires to amend the development plan by constructing a separate 5,816 sq. ft. restaurant building on the southern end.of the site, and relocating a driveway and walkway between the proposed restaurant building and the main commercial building. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the planned commercial development on Wisconsin St. is hereby amended to permit construction of a separate 5,816 sq. ft. restaurant building on the southern end of the site, and relocating a driveway and walkway between the proposed restaurant building andJhe main commercial building, per the attached plan, with the following conditions: 1 ) Speed bumps be installed within the driveway area between the main commercial building and proposed restaurant structure, with final design of the driveway.and pedestrian area subject to review and approval by the Department of Community Development. . The existing curb cut that had been made for the most southerly driveway on Marion Road be closed and the curb reconstructed in this area. 2) BE IT FURTHER RESOLVED that the Common Council of the City of Oshkosh hereby approves of the Planned District Overlay and final development plan pt9r the attached plan. " . . .. .. II II II II . .. II .. II .. . . . . . 2) 3) 4) OCTOBER 8, 2002 02-363 RESOLUTION CONTD BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant D&F Investments a privilege in street for the encroachment of an outdoor seating area and landscaping area within the Marion Road right-of-way, per the attached, contingent upon the following: 1 ) The petitioner 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 $500,000 in general aggregate. It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street upon 10 days notice. The City and any affected utility maintain its right of access to any utilities within the right-of-way in the affected area. The petitioner execute a hold harmless agreement with the City I" ~ '. ~ ~ = c ~ PEARL STREET i \ , \ .. II .. I, . . 'I II II .. , II . . R,A[:::;F éA<D ~U I\RE I- Lu Lu e: UJ , , 'oJ 0. -ú < @ ~ ~ ~ " " z i7) :< () () Vi ~ I (j \ ¡ ~ ¡ ! i , ! j 4- - a "'C () 0:: :< () Q "'C :¿ St TE PL,AJ'i I~ , ~ N~»> ~.~.¡.~"...,,~ ", , '.'r~il~ r-- " -..-,,;¡-D --- -- ,)~ "",<~'~~ '-' L,-~ ,---~-- - - - ~ ~ "--~ - -, / ---0 -L.'--L'~Q -'> Ç\ 6,¡"' \"5 ~ I" .sit-ce:\- ", = '=°' ," ==O'...~,"""'-s=s .u..Y"C02 ~,~ 0.""" 4.<",-,",,=~ A"t:ÓRÖ; PRODUCER Thomas Insuran"'Q Group 303 P~l Avenue PO BOX 3387 Oshkosh w:L 54903-3387 : ' Phone,9~0~235-6461 Fa~:920-235-31BG INSURED CERTIFIÇA[I;"'QfL'8~'LHYIN:).\JK/o\~~ç;.'FÏN~"1 " 11/05/03 THIS C¡¡¡RTIFICATEIS_lSS!.lEJ;lAlO\.A MATT¡¡¡~ OF INFORMATION ONI-Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOI-DER. THIS CERTIFICATE D(I~$ NOT AMEND, EXTEND OR A~ TER THE COV¡¡¡AAGE AFFORDED BY THE POLICIES BELOW. INSUR~RS AFFORDING COVlõAAGE CANCEI-LATION SHOU~O AHY OF THE ASOVE OEsCRISEO POUCI.' BE CJ\HCSJ.Eb SEFORE THE EXPIRATlO! DATE THõ1'õOF, THE ISSUING IHSURõ1' WI~L .HOI'AVOR TO MAIL .a.cL- DAVS WI'ITTEH NOTICE TO THE CERTIFICA'" HOLDER NAMED TO THE LEFÕ. BUT FAI~U'" TO 00 SO SHALL IMPOSE NO oBLIGATION OR ClAÐlUTYOF ANY 1<Im1. UPON THEIHSURE!!!.. rrsAGENTS OR REPRES.HTATIV.S. ~ /"/ AUTHORIZEO REPRE'ji'HTATl'JE ~ Thom..s J. e P & F Inv..sbnent.s Of c)shkosh ~'o:::egon st.reet, Su~.t<> B Oshkosh WI 54902 COV~RAGES IHSURERA: IHSUR"R s: IHSURE/IC. IHSU""RD: INSURERE: Gen..ral ca.sualt. THE POLICIES OF INSURIINOE LIS,",D aELOW HAVE B"EN ISSUED TO THE INSURED NAMED ABOVE FDR THE POUCY PERIOD INDICATED, HOTWITHST^"DINO ANY RaOUI_ENT, TaRM OR OONDITIOH OF ANY COHTj<ACT OR OTHER DOCUMEHTWITH RESPEOT TO WHIOH THIS CERTIFICATE MAV BE ISSUED OR MAY pERTAIN. THE INEURANOE AFFORDED aYTHE PDLI~laS OESCRISBD Ha..IN IS SU8JECT TO Al.L THE TERMS, EXCLUSIONS AND OOHClnONS OF SuCH PO",CI"S, ^~QRE'<I'TE LIMite SHOWN MAY 10\1\\11' SEEH ~I'PUOEP 8Y PAID C~IMS, "~.L' TYPEOFINSURAHCE ' POLICVNUMEOER ~NeRAL LIA~IL\1Y A ~~ERC\A!.GENB1\AI.LIAalL\TY CCS02$Oe48 -W CLA\MSMI\OE lliJ OCCUR C OI\TO E PR}+~'í~r~'II'~\,N 10 10/24/03 10/24/04 EACH OCCURRaNOE FI.._E(Mv"OfifOl MED oXP (Any on' p",on) PERSONAl. S ADV1NJuRY GEHERAl.I\G~REGATE PROOUCTS - COMPIOP MG ~LI\GGR~LIMI1'AP~SPER: I POLICY I I pr8, I I LOC ~TOMOIIILe LIABILITY 1\. ~ I\m AUTO I-- ALLOWNEOI\UTOS - SOHEDULEDAUTOS ~ HIRED AUTOS ~ NON-OWNSD AUTOS BASO155244 i 02/17/03 02/17/04 fE~~~SIHGU!LIMIT r~~¡i:¡;'URY rpc:~~rY rp~~;,'¡r.,FAGa AUTOONLY.6AACCIDENT ",,/\CO AGO hRACO LII\ÐlUTY H N'lY AUTO EXCESS LIAalLITY ErOCDUR 0 CLAIMS MADE --, oeDUoTIBLE ¡ RET¡¡Nno~ S WORKEI<S COMPS~SI\T1DN ANO EMPLOYsRS' LIABILITY $ S S , , S s $ I ~~~'L1:"Y;:sl I~dr E,L, EACH ACCIDENT , E.L. DISEASE - EA EMP~OyeE , E.L PISEASE . POLICY LIMIT S rul'5"o'l1# EACH OCOURRSNCE AG~REGI\TE OTHOII D¡¡SCRIPTIO!'I OF OPERATlOHSlL_TIONSI'MiICL~C1-USIONS ADDED rEf ENDORSEMEHTISPECIAL pROVISIONS City of Oshkosh is lis~ed as an addit.ional insured. !l!umblew..ed Rest.aurant, 30 Wi:sconsin Avenue including parking war:i.on P.d. :l:'oadway. ' i lot and fo=er CERTIFICATE HOLDE~ I Y II\DDITIONAL IHSURSO,IHSURER LETTER. CI'rYOSH Cit:y of Oshkosh city Cl..:::k 215 Churoh Avenue> Osh]cosh WI 54901 , ff LIMITS S 1000000 150000 $ 5000 s 1000000 , 2000000 , 2000000 , 1000000 I , , @ACORD CORPORATION 1988 ACORD 25-S (7/97)