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Home My WebLink AboutUWO Foundation ,. ,. a¡f ~ AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to piace an obstruction within the street right-of-way as foiiows: Placing communication conduit and fiber optic lines within the right-of-way of W. Irving Avenue and Elmwood Avenue, adjacent to 717 W. Irving Avenue, Oshkosh, WI WHEREAS, State law provides that by its acceptance of this privilege the undersigned shaii 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/shelit is solely responsible for his/her/its activities under this agreement. The undersigned hereby releases the City of Oshkosh from aii debt, ciaims, 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 hoid the City of Oshkosh harmless against aii 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 empioyees. Further, the undersigned agrees to indemnify and refund to the City aii 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 liberaiiy 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 aii terms and conditions contained in any authorizing resolution adopted by the City of Oshkosh Common Council, which is incorporated by reference as if fuiiy recited within this document. By executing this agreement and by using the privilege, the undersigned agrees to fuiiy abide by such terms and conditions, including revocation upon written notice for noncompliance with the authorizing resolution and this agreement. Dated thiS~ day of L--, 2004. UNIVERSITY OF WIS~OSH FOUNDATION STATE OF WISCONSIN) WINNEBAGO COUNTY ) ) SS. Pe~so~lally came before me this $.<;!¡ day of --k I1tM')I , 2004, the above-named Thomas Keefe, President tö me known to be the person and officer who executed the foregoing document on behalf of sai:)-UN'I~ÈR~T'to..~ WISCONSIN OSHKOSH F1!,=ON ~~~)wledged the same. -C :;:'-'""" ~.'~ ;.. '" \?;>"......../.~::"/ .0- . Notary Public, /Ù/I1h",M44 Co., Wisconsin My Commission: ¿"'I'll"":, /",;;,.~¡';>.¿"".v Attachment: Resol. #04-14 and attachments dated 1/27/04 of the Oshkosh Common Council iõ)U~nn~ \Jìl FEB U '* 2004 LL!)¡ \ CiTY CLERK'S OFFICE L8'-~~~~["~.F".¡'- .r--~<--8f DIOCESE OF GREEN BAYITJWO INTERCONNECT PLACE 1-2"HDPE I I ~ $ l / ;: Mvnldpallty,","ko," Town,"'p' State' "',cons'n CountY""Mebago '. \. VI. IRVING AVE. (ASPHAL n @f CONCRETE ~ I , I Scale. I" = 'O' lCoillllINCilcii If'>rliI~ Job TItle' ,.,.,~...,,'" Description' ",.. ,.. ,"".," I1!)J REVISIONS ~ ~ ':'..;;;:.:.:..~,'!;:;' ,_.(",)...-,~ ,...",,)...-,~. Y' "~_. ,v,d'I2129/03 roJoet " <90305 MAP I 'PrInt' 1 0' ,I JANUARY 27,2004 04-14 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN 7-0 PURPOSE: GRANT PRIVILEGE IN STREET / W. IRVING AVENUE & ELMWOOD AVENUE, ADJACENT TO 717 W, IRVING AVENUE INITIATED BY: GABE'S CONSTRUCTION & UW-OSHKOSH, PETITIONERS; DIOCESE OF GREEN BAY, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Gabe's Construction has requested the Common Council to grant them the privilege of placing communication conduit and fiber optic lines within the right- of-way of W. Irving Avenue. and Elmwood Avenue, adjacent to 717 W. Irving Avenue; 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 Gabe's Construction privilege of placing communication conduit and fiber optic lines within the right-of-way of W. Irving Avenue and Elmwood Avenue, adjacent to 717 W. Irving Avenue, per the attached, contingent upon the following: 1 ) 2) The conduit and line be installed in a manner that is approved by the Dept. of Public Works. If no longer needed, the conduit and line be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. Any problem which may arise as a result of the conduit and line, or the placement of the conduit and line, be the responsibility of the petitioner/owner to correct in coordination with the Dept. of Public Works. All appropriate permits be obtained prior to the start of boring or excavation work. The conduit and line 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) ACORD. CERTIFICATE OF LIABILITY INSURANCE CSR LD I DATE IMMIDOIYYYYI UNIVE-2 02/02/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McClone Agency, Inc-Oshkosh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 505 North Westfield Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2743 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oshkosh WI 54903 Phone: 920-233-4000 Fax:920-233-2728 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A' Cincinnati Insurance Compan INSURER B' University of Wisconsin- INSURERC, % Foundat1on Office g~~k~~goW~ ~i9g1 INSURER D, INSURER E' COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPEcnOWHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECnO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR NSR TYPE OF INSURANCE POLICY NUMBER ';,'iW¡.:'~rJ',j'~' P~kfl,~~~ LIMITS ~NERAL LIABILITY EACH OCCURRENCE , 1000000 A ~ ÔMERCIAL GENERAL LIABILITY CPP0742719 04/21/03 04/21/04 I ~~~~~~~YE~~~::;~ocel , 100000 c- CLAIMS MADE ŒJ OCCUR MED EXP (Aoy ooe pe1Sool '5000 Ix Hired & Nonowned PERSONAL & ADV INJURY $ 1000000 GENERALAGGREGATE ,2000000 ñ'L AGG~EñE ;~~~ APñS PER PRODUCTS. COMPIOP AGG 82000000 POLICY JECT LOC ~UTOMOBILE LIABILITY COMBINEO SINGLE LIMIT , ANY AUTO (E, ",,;deoll e- e- ALL OWNED AUTOS BODILY INJURY , SCHEDULED AUTOS IPe'pe1Soo) - - MIRED AUTOS BODILY INJURY $ I NON.OWNED AUTOS (Pe, ""ldeot) - I PROPERTY DAMAGE " (Pe, ,,"deot) ~~GE LIABILITY AUTO ONLY. EA ACCIDENT S ANY AUTO Zii~õ'ò~~~~ EAACC 8 AGG , :=J~SSJUMBRELLA LIABILITY 1£ II; If: ~ \W ~ I4CH OCCURRENCE , OCCUR D CLAIMS MADE [ GGREGATE ' $ ==1 ~EDUCTIBLE FEB 0 ~ 2004 $ RETENTION , S WORKERS COMPENSATION AND I CITY CLERf ,TTORYLIMITS I luE~- I EMPLOYERS' LIABILITY elL. EACH ACCIDENT $ ANY PROPRIETOR/PARTNERIEXECUTIVE 'S OFFICE OFFICER/MEMBER EXCLUDED? E L. DISEASE. EA EMPLOYEE $ Ify"" de,,"be ""eo E,L. DISEASE.POLICYLlMIT,' SPECIAL PROVISIONS below OTMER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Oshkosh is listed as an additional insured RE: Project at 717 W. Irving St. Oshkosh, Wisconsin 54901 CERTIFICATE HOLDER CANCELLATION OSHKOSl SMOULe ANY OF TME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL CITY OF OSHKOSH City Attorney P.O. BOX 1130 OSHKOSH WI 54902-1130 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TME INSURER. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE John Holdorf ACORD 25 (2001/08)