HomeMy WebLinkAboutMi-Tech Services ROW intersection of doctors courtou y
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:
Installation of fiber optic cable within the right -of -way at the intersection of Doctors Court
between 645 and 650 Doctors Court, per attached Exhibit A fully incorporated within this;
Agreement by reference.
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 /her /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.
Dated this day of S!V cM ev , 2008.
MI-TECH SERVICES, Inc.
f
And: C/
STATE OF WISCONSIN)
/I-- ) SS.
a nntbe_ COUNTY)
Personally came before me this day of �S_ 2008, the above -named
:1-0 )1 - 1 1 F, G )-w b. i -- of the above -named corporation,
to me known to be the person(s) and officer(s) who executed the foregoing document and acknowledged the
same as such officers by its authority, for the purpose therein contained.
6 5 4
Notary Public, Co., Wisconsin
My Commission: — -0 1
Attachment: Resol. #08 -292 dated 8/26/08 of the Oshkosh Common Council
as attached Exhibit A.
FEX h i
AUGUST 26, 2008 08 -292 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN STREET TO MI-TECH SERVICES INC.
FOR AURORA HEALTHCARE INC. 1645-650 DOCTORS COURT
INITIATED BY: M1 -TECH SERVICES INC, PETITIONER
AURORA HEALTHCARE INC., OWNER
PLAN COMMISSION RECOMMENDATION: Approved w /conditions
WHEREAS, Aurora HealthCare Inc. requests the Common Council grant a
privilege in street to Aurora HealthCare and Mi -Tech Services Inc., general contractor
and other subcontractors as may be required for the installation of fiber optic cable
within the right -of -way of Doctors Court, between 645 and 650 Doctors Court, per the
attached map; and
WHEREAS, upon final installation of the fiber optic cable, Aurora HealthCare will
assume liability for said cable; 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
Aurora HealthCare and Mi Tech Services and other subcontractors as may be required
to complete said project, a privilege in street for installation of fiber optic cable within the
right -of -way of Doctors Court, between 645 and 650 Doctors Court, per the attached
map and upon completion of said installation, Aurora HealthCare will assume liability for
said cable within the right -of -way. Said privilege is contingent upon the following:
1) The fiber optic system 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 Department of Public Works.
2) If no longer needed, the fiber optic cable be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
3) Any problem which may arise as a result of the placement of the fiber optic cable
be the responsibility of the petitioner, contractors and owner to correct in
coordination with the Department of Public Works.
AUGUST 26, 2008 08 -292 RESOLUTION
CONTD
4) All appropriate. permits be obtained prior to the start of placement of the fiber
optic cable.
5) The utilities be modified or removed immediately upon the request of the City.
6) The facility be part of and documented with Digger's Hotline system.
7) The petitioner and contractor(s) 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.
8) It is the responsibility of the petitionerlowner 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.
9) The petitioner /owner and contractors execute hold harmless agreements with the
City.
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