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Home My WebLink AboutGunderson Cleaners City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 July 16, 2004 Mr. Gary Gunderson Gunderson Cleaners 41 Main St. Menasha, WI 54952 RE: Privilege in Street Pennit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir: 04-11. c:, On July 13,2004, by resolution #04-25, the City of Oshkosh Common Council approved your request for a privilege in street pennit subject to certain conditions that are made a part of the approval resolution. In order for the pennit 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 hannless, from all liability arising from your use of the pennit. 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 additionalinsured on your policy. Please have the proper officials of your company execute and return to us as soon as possible. These 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 Asst. City Attorney cc: Kp Ebbott-Alpha Terra Science ~amela R. Ubrig--City Clerk Dave Patek, Dir. of Public Works Darryn Burich, Com. Development C\iY CLERK'S OFFICE JULY 13, 2004 04-225 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PRIVILEGE IN STREET; GRANT EASEMENTS / HIGH AVENUE INITIATED BY: ALPHA TERRA SCIENCE & GUNDERSON CLEANERS, PETITIONERS PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Alpha Terra Science and Gunderson Cleaners have requested the Common Council grant them the privilege of installing a groundwater monitoring well within the right-of-way of the alley north of and adjacent to 118 High Ave., per the attached, 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 Alpha Terra Science and Gunderson Cleaners the privilege of installing a groundwater monitoring well within the right-of-way of the alley north of and adjacent to 118 High Ave, per the attached, contingent upon the following: 1) The monitoring wells be installed in a manner that is approved by the Dept. of Public Works with no modifications or changes in construction procedure without prior approval by the Dept. of Public Works. 2) If no longer needed, the wells be properly abandoned and removed in accordance with City standards and under the direction of the Dept. of Public Works. 3) Any problem which may arise as a result of the placement of the wells be the responsibility of the petitioners to correct in coordination with the Dept. of Public Works. 4) All appropriate permits be obtained prior to the start of placement of the wells. 5) The wells be modified or removed immediately upon the request of the City. 6) The petitioners secure and submit 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. JULY 13, 2004 04-225 RESOLUTION CONT'D 7) It is the responsibility of the petitioners 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. 8) The petitioners execute a hold harmless agreement with the City. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to grant easements to Alpha Terra Science and/or Gunderson Cleaners for installation of monitoring wells within the parking lot of the Grand Opera House, and within the grass strip area of the High Ave. parking lot on the south side of High Ave. across from 118 High Ave., per the attached, and that any such placements shall be coordinated with and approved by the Department of Public Works. Conditions of approval are as noted above. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute appropriate documents for purposes of same. , In consl era Ion 0 e Ity 0 S os, a clpa orpora Ion gran Ing erslgnedlõ"pfäëifãñ obstruction within the street right-ot-way, the undersigned agrees lely responsible for his/harms activities under this agreement. The undersigned hereby o'ðšEKõshlfõmàfl debt. claims, demands, damages, actions and causes of action . m~r'result from the placement of an obstruction in tha street r¡ght-of~way by the f, hê.liñdêlš,gned agreeS to protect and hold the City of Oshkosh harmless against al[ demands of any kind or character whatsoever which may in any way be caused by the privífêge by the undersigned or agents or employees. Further, the undersigned agrees n lõtnéClt)Îall such sums which the City may be obligated or adjudged to pay. a ees and costs, on such actions. claims or demands within 30 days after written dèITínìfication. The undersigned agrees that this paragraph is to be liberally construed in Oshkosh, in consideration of the privilege granted by the City under this agreement. ------~._------,.,.....-- ~-"'~---~- ,2004. And: Name & Title: . ::;-';~J ' , 2004, the above-named to me known to be the LEGEND . clUPl.El"EO- aM pRClPQSEOftI'!.1C1 -$ 1400000000OWEW MW-101 PIEZOIÆIER ~ ~~fŒ 't' "tWo1' 0 PROPOSED GEOMOI!E G~1° \/ ~ '\.. patklnl) .(It (aaphaa) -$- MW-1 08 1110... IIOI.!R (O.I&f~ O. GP 6 51OIUB! -$, MW-102 Parting lotI Drlwway b'mer aty Oshkosh Buidlng (asphalt) GP-10 Thompsen Studio . 114 High ðoI4CIOO -..- .---~.-.- .-..- -.. JI1 -$ MW-105 -$Mw-1 04 p :i -~ ~ s ~ ¡ <- co ! i ~ ;; ~ .. ~ i . ... '" .. ~ ~ ~ é ~ . . ~ , ! I; :1 ¡; ~ ~ ~ '" ¡ . ~ .. .. .p' 1CORD CERTIFICATE OF LIABILITY INSURANCE CSR IN I DATE (MMIODIYYYY) ~,-- . . GUNDE-l 07/20/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The McClone Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 150 Main Street, Ste 102 HOLDER..THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 389 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Menasha WI 54952 Phone: 920-725-3232 Pax:920-725-3233 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Cinc:im1&t:i Xnsurance Co8pany Gunderson, Inc INSURER B: Accents, LLC INSURER C: ' Gunderson Transportation, LLC 41 Main Street INSURER D: Menasha WI 54952 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO1WlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSRi' P~~IE POL N LTR TYPE OF INSURANCE POLICY NUMBER DATE MMlDDfWi DATE MMID LIMITS GENERAL LlABlLrrY EACH OCCURRENCE $ 1000000 - UAMA\jt: A X COMMERCIAl GENERAL lIABilITY CPPO717543 12/28/03 12/28/04 PREMISES (Ea ocærence) $ 500000 I CLAIMS MADE ŒJ OCCUR MED EXP (Any one person) $ 10000 PERSONAL & ADV INJURY $ 1000000 - - GENERAL AGGREGATE $ GEN'lAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2000000 I nPRO- n POlICY JECT LOC ~OMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1000000 A ~ ANY AlITO CAP7710811 12/28/03 12/28/04 (Ea accident) ALL OWNED AUTOS BODilY INJURY - $ SCHEDUlED AUTOS (Per person) - - HIRED AUTOS BODilY INJURY $ NON'()WNED AUTOS (Per accident) - ~ Comprehensive $100 OED PROPERlY DAMAGE X Collision $500 OED (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ArffAUTO OTHER THAN EAACC $ AUTOOHLY: AGG $ EXCESSIUMBRELLA LlABlUTY EACH OCCURRENCE $ 10000000 A Ð OCCUR 0 CLAIMS MADE CCC4432812 12/28/03 12/28/04 AGGREGATE $ 10000000 $ ~ ~EDUCTlBlE $ X RETENTION $10000 $ WORKERS COMPENSATION AND X hORYllMlTŠ I lu~1t A EMPLOYERS' UABllIlY WC191031.2-08 12/28/03 1.2/28/04 $100000 AWf . PROPRIETOR/? ARTNERlEXECUTIVE El. EACH ACCIDENT OFFICERIMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $100000 If yes, descnbe under E.L DISEASE - POLICY LIMIT $ 500000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHIClES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers are included as an additional insured under General Liability as their interest may appear. CERTIFICATE HOLDER CANCELlATION OSHKO02 SHOULD AN'( OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPtRAT1O~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BlIT FAILURE TO DO so SHAlL IMPOSE NO OBLIGATION OR UABlUTY OF AN'( KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jamie Nickel @ ACORD CORPORATION 1981 City of Oshkosh. Attn: Office of Clerks P.O. Box 1130 Oshkosh WI 54902 ACORD 25 (2001/08)