The URL can be used to link to this page

Home My WebLink AboutJoseph Leroy/Stannard Cleaners May 4, 2005 0 ~~~j~ C\TY CLERKS OFF\CE City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 Mr. Joseph LeRoy 1900 Cliffview Ct. Oshkosh, WI 54901 RE: Privilege in Street Permit/City of Oshkosh Sec. 66.045, Wis. Stats. Dear Sir: On April 12, 2005, by resolution #05-92, the City of Oshkosh Common Council approved your request for a privilege over sidewalk 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 of the 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. e ~ndly return 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 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 over the sidewalk. 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: Pamela R. Ubrig--City Clerk Dave Patek, Dir. of Public Works Darryn Burich, Com. Development ~¡~"Iìs",,¥~~...:'."£¡MUNi¡Y DEVo! 00,.. I 653 N MAIN ST --------. --' ,v:~~NT I OSHKOSH WI 54901 --'~'--J COVERAGES CSR BL DATE (MMIDDNYYY) STANN-l 06 21/05 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. ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Burr-Sullivan-Richards 1010 W 20th Avenue PO Box 2424 Oshkosh WI 54903-2424 Phone: 920-235-1980 Fax:90-2 INSURED INSURERS AFFORDING COVERAGE INSURER A: SECURA INSURANCE INSURER B: NAIC# INSURER E: INSURER C: INSURER D: 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 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, LTR INSRt TYPE OF INSURANCE POLICY NUMBER PD9N~1ri~fJ~~E Pgk!PEY( ~:'b'W~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 - A X COMMERCIAL GENERAL LIABILITY BP 3096852 01/01/05 01/01/06 PREMISES (Ea occurence) $ 100,000 I CLAIMS MADE GU OCCUR MED EXP (Anyone person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 - GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 I n PRO- nLOC POLICY JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 - A X ANY AUTO BP 3096852 01/01/05 01/01/06 (Ea accident) - ALL OWNED AUTOS BODILY INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY - $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ , ",'" (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ ==l ANY AUTO OTHER THAN EAACC $ , AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 A ~ OCCUR D CLAIMS MADE BP 3096852 01/01/05 01/01/06 AGGREGATE $ $ ~ DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND I T~~ySJ~Wš I luE~- A EMPLOYERS' LIABILITY BP 3096852 01/01/05 01/01/06 $ 100,000 ANYPROPR1ETORIPARTNERIEXECUTIVE- - EL. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 100/000 If yes, describe under EL DISEASE - POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CITY OF OSHKOSH IS NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION CITYO-l SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN CITY OF OSHKOSH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL ATTN CITY PLANNER IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 215 CHURCH AVE OSHKOSH WI 54901 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE DAVID WAGNER ACORD 25 (2001108) @ACORD CORPORATION 1988 7~ AGREEMENT WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction within the sidewalk right-of-way as follows: Construction of an addition to the existing building with the proposed architectural style of the building involving the creation of a hip style roof to project approximately 30 inches over the sidewalk at an elevation above the sidewalk of approximately 27 feet at 653 N. Main Street, per attached Exhibit A. 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 sidewalk right-of-way, the undersigned agrees that he is solely responsible for his 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 sidewalk 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 /'1 day of ~, 2005. ~~~ J PH EROY STATE OF WISCONSIN) ) SS. WINNEBAGO COUNTY) Personally came before me this I i7iA day of .JV\ V\ ~ ,2005, the above-named JOSEPH LEROY 10 me known 10 be the person who executed 1 !oregoãocument and acknowledged the same, Notary Public, tJll>neÞ~ò . Co., Wisconsin My Commissio~ --I ~ Attachment: Exhibit A - Resol. #05-92 and attachments of Oshkosh Common Council Meeting 4/12/05. APRIL 12, 2005 RESOLUTION 05-92 (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PRIVILEGE IN STREET 1653 N. MAIN STREET INITIATED BY: JOSEPH LEROY 1 STANNARD CLEANERS, OWNER PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Joseph LeRoy is proposing an improvement project to Stannard Cleaners at 653 N. Main S1. to include construction of an addition to the existing building with the proposed architectural style of the building involving the creation of a hip style roof; and WHEREAS, Joseph LeRoy has requested the Common Council grant him the privilege of allowing the hip style roof to project approximately 30 inches over the sidewalk at an elevation above the sidewalk of approximately 27 feet; and WHEREAS, Section 66.045, 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 Joseph LeRoy the privilege of allowing a hip style roof to project approximately 30 inches over the sidewalk at 653 N. Main S1., 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 $500,000 in general aggregate. It is the responsibility of the petitioner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in street within ten (10) days of notice. The petitioner execute a hold harmless agreement with the City. The property owner accepts responsibility for maintenance of the sidewalk, in regard to the accumulation of snow and ice, to keep the sidewalk clear and safe for pedestrian traffic. The roof structure be designed to prevent direct roof drainage onto the right-of- way. 2) 3) 4) 5) PROPOSED BUILDING OVERH,lIJIIj PRIVILEŒ IN STREET MET A!.. COLUMN GoveR. I'F!.EFINI5HED META!.. GOPIN6 FAGE BRIGK, TYPE ! I'F!.EFINI5HED AlJ.MJNltJM 6LAZIN6 SYSTEM STANDIN6 5eAM MI!T AI.. ROOF 6UTiëR AND '-OOI'lNSPOUTS ~1N15HeD Ml!TAI.. SIDIN6, ALT. - E.I.F.5. PREFINISHED AI..UMINLIM AA.GH1~TIJ:I,6,¡", SUNSHADe - G/5 ~WLINE SUNSHADE, aIANNëJ:.. F~IA, Gt.eAR ANODI%I!D FINISH 'METAL ~ GANOÞ'( SlJF'POIUS PREFINi5HæD A1.JJMINUM ARGHI~'I'1.JRAL SlINSAADe - G/5 5HADO1'LlNE SUNSHADE, GHANNEL F~IA. GLëAA ANODIZED FINISH :20' PREFINISHED Ml!TAL S16NA6E INTERIOR. Lt6H1ED PF/.fFINISHED AUJHlt-IJM fi'ReFINISHED AUJM1JNIUM 6LAZINð SYSTEM . PREFINISHED META!.. 51DIN6, ALT. - ë.I.F.5. EX15T1N6 ENmf DOOR. IOi PFœF1NISHeD Ml!TAL 516NA6ë Itm:RlOR. Lt6HTED, 5UPPORT AT ED6E OF GANOP'I' EX1S111-I6 WINDOI^I . SYSTJ:M THIN 6RIGK, MORTAR AND eROUT TO EX1STIN6 1'iAl..L, . TYPe 2 . THII'{ BRlGK, MORTAR AND 6ROUT TO EXISTlN6 . I'W.L, TYPE I EXISTlN6 SILJ:.S TO REMAIN PREFINISIED ALUMUNIUM ENTRY SYSTEM METAL GOLUMN GO\I!R, BY GaPPa< 5AU$ SGlJARe UNA-PAB SERlëS 200. HAIf¡INë ./Qlt:IT Sf~ll:M, . O.lð,' THla çU:AR ANODI2!:D AL.uMINIJM PLATE NEW FOUNDATlONIFOOTlN6, SEE STRUGTtIfW. ' . FAa: BRIGK T'I't'I!! I - ENDICOTT, SAHARA SANDS (see N0ïë5 FOR THIN OR. STANDARD BRIG!< I..OGATION5) FAGE BRIa: T"I'PE :2 - ENDIGOTT, De5ERT SANDS (Sa: 'NolES FOR THIN .OR. STANDARD 6R1G!< t..oc.ATl0N5) I I I ~L_-------------_--___~I MAIN STREET EL.EVATION scale lIs. -;;¡:i.(¡" N>CO ------------.- 0_..-0..,_..--.-.-............---.- ._,... . . -$ !I.. 111'4'. . T.o.~ I^IAU. LI6HT FlX'rIJRE, TfP. oF 1 HU66ELL. Ll6tmN6. 1J;II5 SERIES. ..w..L. SCON<A:, HoDEI..lt1¥'l5M¡ 5¡6,TIM AUJMINIJM FAGë BRlGK, T'fPE 2 FAGE eRI~ 'N'Pe I 100'-0" FIRST FI.OOR PROPOSED BUILDING OVERHANG PRIVILEGE IN STREET PREFIN15HED AUJMIWM ARGH1~11JAAL. SlJN5IiAPE - GIS SHAOOI'l.INE SUNSHADE, GHANNEL. FASc.IA, GLJ:AA H!ODIZEt) FlMl5H . METAl.. t=!Ot> GANOPI' SUPPORTS PREFlNI5HED ALUMI AAGHI'TEG1UAAL. GAt4OPT" WI METAl.. ~/ 61J'r'reRS AND . DNSP0UT5~ ~ 5Y5TJ:M, , rt'P. OF 4 ! I \. PRfFINISHED AlJMJNIUM \ . \ \ ~ ~INl5HED AUJMUNIUM . I ~L______------------~'~_:!~~--~-------------------~--~~___~I~~~~~~-~-~~~-~~:~Jl . ~------------------------------------------------------------- -------~--------------------------~ 10' mEFINI5HED METAL. Sr6NA6e Itm:RlOR U6H'œD, .OOPPORT AT .eD6eOF.~S 0 U T H ELEVAT st;llie ~'" -----. '- , . ..,mbole legend ::>M NAI'£ ::>M NJMeER ~ OI'IIER 5VPF'!..1EJ:) ëGUPMENT sePARATe ~T DO)'! 1YÆ ~ NJM6ER G-- I'IAU- TYÆ rNt.ISECTION tIJI1I:;R :ET N.JMÐER ~ ELEVATION N..M6ER W~SHEET~ . . btlUdlng area: bulldlng.dala ocGupanq¡ closstflGatlon constructIon t¡pe ~~ tñ9 X:::> -W CO z () :s:- WI- zD ~ ~ u ---J ~ new total 1,3155.T. 1,55<t s.f. B t!pe V6 -. 1 I I I J:1 ;; d'-~~¡ '""~ ~ ~~ ~Ð. h~B ì I I J - . --- .:1 ¥§ i ¡ .. ~ .~ ~ I ./ " II