HomeMy WebLinkAboutOmnni Associates/Appleton Marble & Granite od
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:
Installing monitoring wells within the Algoma Boulevard right-of-way,adjacent to 2014 Algoma
Blvd., per the attached Exhibit(Resol. 02-285 with attachment).
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 5. day of O ti,2002.
M & K ENVIRONMENTAL AND SOILS DRILLING LLC
By:. >/ _ And:
Timot Ebert
Title: Field Operations Manager Title:
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY)
Personally came before me this 5th day of September, 2002, the above-named Timothy A. Ebert,
Field Operations Manager, to me known to be the person and officers who executed the foregoing document
on b-h, • ENTAL AND SOILS DRILLING LLC and acknowledged the same.
L-PAct_4490,_
1 SEP 1 z 2002
Notary Public, ;n,NtcnD C , Wisconsin
My Commission:t`f ic-t- `71 lo� D(p
CITY CLERK'S OFFICE
Attachment: Resol. #02-285 dated 8/13/02 of the Oshkosh Common Council
III
III AUGUST 13, 2002 02-285 RESOLUTION
III (CARRIED LOST LAID OVER WITHDRAWN )
III PURPOSE: GRANT PRIVILEGE IN STREET/ALGOMA BOULEVARD
INITIATED BY: OMNNI ASSOCIATES; PETITIONER; APPLETON MARBLE
Ill & GRANITE, OWNER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
ill!
WHEREAS, Omnni Associates has requested the Common Council to grant
IIII them the privilege of installing monitoring wells within the Algoma Boulevard right-of-
way, adjacent to 2014 Algoma Blvd, per the attached "Exhibit A"; and
U WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege
in a right-of-way; and
III WHEREAS, the Plan Commission has approved of this request with conditions.
III 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
Omnni Associates the privilege of installing monitoring wells within the Algoma
Boulevard right-of-way, adjacent to 2014 Algoma Boulevard, per the attached "Exhibit
ill A", contingent upon the following:
1) The monitoring wells be installed in a manner that is approved by the Department of
Public Works.
2) If no longer needed, the monitoring wells be properly abandoned and removed in
il accordance with City standards and under the direction of the Department of Public
Works.
lill 3) Any problem which may arise as a result of the installation of the monitoring wells be the
responsibility of the petitioner/owner to correct in coordination with the Department of
Public Works.
4) All appropriate permits be obtained prior to the start of boring or excavation work for
ill installation of the monitoring wells.
5) The monitoring wells be modified or removed immediately upon the request of the City.
6) The petitioner/owner 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
11 person and $500,000 in general aggregate.
7) 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
1111 will result in the revocation of the privilege in street upon 10 days notice.
8) The petitioner/owner execute a hold harmless agreement with the City.
M
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