HomeMy WebLinkAboutmidwest engineering servicesAGREEMENT
WHEREAS, the City of Oshkosh has granted to the undersigned a privilege to place an obstruction as
follows:
Installing a monitoring well in the High Avenue Parking Lot adjacent to 118 and 135 High Avenue
per the 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 High Street Parking Lot, the undersigned agrees that it is
solely responsible for its 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. 14
Dated this_ day of &Wa,__2008.
MIDWEST ENGINEERING SERVICES, INC.
By: ��� And:
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Name & Title: ►✓l )an Name &Title:
n�1SA
STATE OF WISCONSIN)
) SS.
WINNEBAGO COUNTY)
Personally came before me this 9 day of 2008, the above -named
J3rr n go LAJX.J i7 - t k . a+�d- v ed (Q g ash" to me known to be the
(name & t' ) U (nam title)"
person(s) and officer(s) who executed the foregoing document on behalf of said MIDWEST ENGINEERING
SERVICES, INC. and acknowledged the same. -
Notary Public, Co., Wisconsin
My Commission: /a2 — / — o
Attachment: Exh. A — Resol. #08 -261 and attachments of Oshkosh Common Council Meeting
dated 8/12/08.
AUGUST 12, 2008 08 -261 RESOLUTION
(CARRIED 6 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT EASEMENTS I HIGH AVENUE PARKING LOT
INITIATED BY: MIDWEST ENGINEERING SERVICES
PLAN COMMISSION RECOMMENDATION: Approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to grant easements to Midwest
Engineering Services, or its assignees, in the High Avenue Parking Lot, per the
attached maps, for the purpose of installing monitoring wells on City property in
conjunction with an environmental investigation of the properties at 118 and 135 High
Avenue, and to execute any and all documents necessary for purposes of same. Said
easements are hereby granted with the following conditions:
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 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.
7) 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 easements within 10 days of notice.
8) The petitioner execute a hold harmless agreement with the City.
9) The facility be part of and documented with the Digger's Hotline System.
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