HomeMy WebLinkAboutObstruction in the ROW 631 Hazel Street (canopy) 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:
Permit an existing canopy on the east side of the building (former Mercy Medical Center) to
remain and encroach into Hazel Street (631 Hazel Street); and
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.
49/
Dated this I 1 day of 1 V U ' (, 2009.
HEALTH CARE REIT INC.
By:
Name: Erin C. Ibele
Title: Senior Vice President - Administration and
Corporate Secretary
By: 14 444121A.
Name: Michael A. Crabtree
Title: Senior Vice President and Treasurer
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STATE OF OHIO
SS:
COUNTY OF LUCAS )
Personally came before me this /RA, day of November, 2009, the above -named Erin C. Ibele
and Michael A. Crabtree, the Senior Vice President- Administration and Corporate Secretary and the
Senior Vice President and Treasurer, respectively, of HEALTH CARE REIT, INC., to me known to be
such persons and officers, who executed the foregoing instrument and acknowledged the same as such
officer by its authority, for the purpose herein contained.
Notary Public, ucas County, 30`o
„C P K :'.. Y. ?0��+ LUNSFORD My Commission expires:
� r C - `rotary Public
;,u for the State of Ohio
My Commission Expires
` *. April 22, 2012
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