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HomeMy WebLinkAboutROW Mi-Tech Services - 645/650 Doctors Ct (2009)JAN 02 1996 02:32 FR TO 919202365106 P.03iO3 � AGREEMENT (.e 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 cabin within the right -0f -way at the Intersection of Doctors Court. between tads and 660 Doctors Court, per attached Exhibit A fully incorporated within thla Agreement by reference_ WHEREAS, State law provides that byits acceptance of this privilege the undersigned &hall become primarily responsible for damages to person or properly 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 the undersigned agrees that hefsheht is solely responsible for hls/herlits 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 protectand hold the City of Oshkosh hermless against all actions, claims ar.d demands of any kind or character whatsoever which may in any way be caused by the activilles under this privilege by the undersigne0 or agents or employees. Further, the und©rsigned to indemnify and refund-to the City all such sums which the city maybe obligated or adjudged to pay, Including the City's attorney fees and costs, on such actions, claims or demands within 30 days afierwritten request for such indemnification. The undersigned agrees that this paragraph Is to be liberally construed in favor or 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 authorI7Jng resolution adopted by the Clty of Oshkosh Common Council, which is incorporated by referenca as if fully recited within this document. By axecudng thlt 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 authortzing resolution and this agreemenL - Doted thi day of � 2006. AURORA HEALTHCARE, INC. And_ STATE OF WISCONSIN) '94y,wivt COUNTY) Personally came befcre me this ._ day of 2008, the above - named 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 a$ such officers by its authority, for the purpose therein contained, Notary Public, /fi44 - Co., Wisconsin My Commisslon: & ;/2 /)i0 - Attachment; Resol. #08 dated 8125106 of the Oshkosh Common Gounail as attached Exhibit A. PAGE. OZ JAN 02 1956 02 01 ** TOTAL PAGE.03 ** 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: MI-TECH SERVICES INC, PETITIONER AURORA HEALTHCARE INC., OWNER PLAN COMMISSION RECOMMENDATION: Approved w /conditions WHEREAS, Aurora HealthCare Inca 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. • a 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 $500,000 in general aggregate. 8) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in, the revocation of the privilege in street upon 10 days notice. 9) The petitioner/owner and contractors execute hold harmless agreements with the City. § - TWA ST Z ----( � \ t4 I . . . , § - TWA ST Z ----( � \ t4 I . . . /B / . .$k. . . E-4 & w § - ■, §� � � � . __ •. . : § / ¢$[ §9e D Cr0RS Cr S | , , - . . . . ��.��,� . •. . . . |d . . . \ . � � .��•� ��, .�� �" | � | � DATE gg a OWN It PRODUCER NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDE POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE Marsh USA Inc. AFFORDED BY THE POLICIES DESCRIBED HEREIN. 41 East Wisconsin Avenue COMPANIES AFFORDING COVERAGE Suite 1600 Milwaukee, Wisconsin 53202-4419 Company Continental Casualty Company Attn: CPU, Phone (800) 620-0267 FaX: (414) 290-4953 A INSURED Company Aurora Health Care, Inc. Aurora Medical Group, Inc. B 3000 W. Montana Street Aurora Pharmacy, Inc. Company Milwaukee, WI 53215 Aurora Psychiatric Hospital, Inc. Aurora BayCare Medical Center Aurora Retail Stores, Inc. Company Aurora Family Service, Inc. Aurora Sheboygan Memorial Medical Center D Aurora Lakeland Medical Center Aurora Sinai Medical Center, Inc. Aurora Medical Center Kenosha Memorial Hospital of Bu dington Aurora Medical Center of Manitowoc Aurora St. Luke's Medical Center County, Inc- Aurora UW Academic Medical Group, I nc. - - - -- - - Cishkosh, Inc Aurora Visiting Nurse Association of Aurora gedr(�4l­cefiter of s Aurora Medical Center of Washington Wisconsin, Inc. County, Inc. VNA Partners in Care, Inc. West Allis Memorial H ital Inc IbbUtL) 10 THE: INSURED NAMED HEREIN I-UK THIS IS TO CERTIFY THAT POLICIE6 OF INSURANCE DESCRIBED HEREIN MAVL BEEN OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES, LIMITS SHOWN PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT MAY HAVE BEEN REDUCED BY PAID C MS. POLICY EFFECTIVE POLICY EXPIRATION LIMITS CID TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYY) DATE (MMIDDIYY) LTIR 4,000,000 A GENERALLIABILITY HAZ 1064402443-5 GENERAL AGGREGATE 06101/08 06/01109 4,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG 2,000,000 —1 CLAIMS MADE F OCCUR PERSONAL & ADV INJURY 2,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 250,000 FIRE DAMAGE (Any one fire) MED EXP (Any one person) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO — ALLOWNEDAUTOS BODILY INJURY SCHEDULED AUTOS — HIREDAUTOS BODILY INJURY NON-OWNED AUTOS PHYSICAL DAMAGE PROPERTY DAMAGE -- —C-111p /Collision AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRELLA FORM AGGREGATE q; OTHER THAN UMBRELLA FORM HWORKERS TATU OTH- COMPENSATION AND 3 IER 6A PR EMPLOYERS' LIABILITY 11! EL EACH ACCIDENT INtL 1 THE PROPRIETOR/ 4 EL DISEASE-POLICY LIMIT EL DISEASE-EACH EMPLOYEE ARE: ± OFFICERS iOPERATaIONS/LOCATIO OTHER CRIPTION OF EHICLESISPECIAL ITEMS ­-'_�; "*bhted #08-292, for the installation of fiber optic cable between rti(' The City of Oshkosh is included as an additional insured related to activi ies under resolution 645 and 650 Doctors Court in Oshkosh, Wisconsin. HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, SHC6LD ANY OF THE POLICIES DESCRIBED THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 2Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER City of Oshkosh NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND City Attorney's Office UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES, 215 Church Avenue MARSH USTk iiZ 5T. �7 7777777777777 Oshkosh, Wl 54903- _