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HomeMy WebLinkAboutLunda Construction Co TEMPORARY EASEMENT—UNDERGROUND ELECTRICAL LINES This Temporary Easement—Electrical Lines("Easement")made this 8th day of November, 2011 by and between the City of Oshkosh, Wisconsin(hereinafter referred to as "City"), its successors and assigns, and Lunda Construction Company(hereinafter referred to as"Lunda"). For and in consideration of the sum of One Thousand Five Hundred dollars($1,500)paid to City prior to December 31, 2011, and the mutual benefits to be derived by the parties hereto,the receipt and sufficiency of which are hereby acknowledged, City hereby grants and conveys unto Lunda a temporary easement to trench, maintain, operate, use, repair and replace an electrical line and appurtenances thereto, in,through a certain piece of land situated in the City of Oshkosh, County of Winnebago and State of Wisconsin, as shown on drawing entitled Lunda/Lakeshore Golf easement,which drawing is attached as Exhibit A. This Easement shall begin upon the full execution of this Easement by the parties and shall expire on July 30, 2013. Lunda's use of the Easement shall not unreasonably interfere with the City's use of its property. Lunda shall be responsible for all costs associated with electrical connection to the existing transformer,meter installation and removal costs and monthly electrical use charges. After each entry in the easement area by Lunda for the exercise of any rights granted to Lunda, Lunda shall, at no cost to City, restore the disturbed area of the Easement and access area to its condition immediately before any such entry. Lunda agrees that at a time determined by the City between the end of the term of this Easement and November 30, 2013, Lunda will, at no cost to City,restore the disturbed area on the Easement and access area to its condition immediately before any such entry. Lunda hereby agrees to defend, indemnify and hold harmless City from and against all claims, causes of action, liabilities, losses, costs and expenses arising from, or in conjunction with, any death, injury or damage to any person or property which occurs in the Easement and is caused by the negligence or willful misconduct of Lunda, its agents, contractors,employees, and invitees in connection with the entry and use of the Easement by Lunda, its agents, contractors, employees, and invitees. At all times during Lunda's use of the Easement, Lunda shall carry and maintain, in full force and effect, a comprehensive general liability insurance policy in the amount of One Million Dollars($1,000,000)combined single limit,with Two Million Dollars($2,000,000)general aggregate, covering the Easement. Lunda shall provide evidence of insurance coverage in the form of a certificate of insurance to City, listing the City of Oshkosh as an additional insured, Page 1 of 2 prior to Lunda's use of the Easement. The City of Oshkosh requires 30 day written notice of cancellation, non-renewal or material change in the insurance coverage. WITNESS the following signatures: THE CITY OF OSHKOSH, WISCONSIN ("City") By: See Page 2A Title: Date: December 8, 2011 STATE OF WISCONSIN COUNTY OF I()in yl ih. 4)2 0 a qb r 1�The foregoing instrument was��wledged efore me by�G rlc` �)A h�'� p , on e alf the City of Oshkosh, WI, this -) day of L r , , 2011. Notary Public -- ,' ,212 i My Commission expires: L2- / 3 LUNDA CONSTRUCTION COMPANY ("Lunda") BY:III�Y�',i __..e..4 Date: //- 9-,/ STATE OF WISCONSIN COUNTY OF eA ©.� ,BY 4,,, The foregoing instrument, * cki e•le 8 'e e me by 3Q &wi( , on behalf of the Lunda Ci& c ,)if Y p nOR t ' of 0014t,,M;14". , 2011. Notary Public .. 1,0,,± � �� My Commission expires: Ili 3 Page 2 of 2 Signed for and in behalf of the City of Oshkosh Mark A ohloff, City Manager \J Pame a R. Ubrig, City Clerk `` 2A . .- .1 4 ,— . . . • , H , . . ..-- 1 3 1 = 13 El+ emp a CI) , s 0 • 2 ,._ , „„g. , . (AR p.m& Z n y i fr.... . = • s- \ , : . - o cn - 1 . , [ * <... 4- .. , 1 ..., . --; - --t- 1-.. , . , \ 4...„- - •..1,..• 0 • kr. ...1.1,- -EA04•4.:',-t-* ., . ,.. . 4'1 •-- *1,,,,- .. . 4-. 4 r., , _ .:.',''t• * ..,.. • (7, ,.., .. i -.4. -, • ..., • • ,, ., • --- a t•:. e , ..",„i • , ., • ,...,_ p o — zu • .,, -.I \ -- %, - -- . _. J C • \ 7 - fro 0 ' , . . . § : • • • ,,,,„-,,, n . . ' • '1,,-.?-7,4,-,,,, ul , 4 a . - . . • _ i.":.;.. I -•• . _ ... . . CERTIFICATE OF LIABILITY INSURANCE 1�;20/D "") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Alice Rosales Alliant Insurance Services, Inc. PHONE.Ext1:213 443 2441 FAX AX No): 333 Angeles s Grand 90071 Suite 650 E-MAIL RSS:arosales @alliantinsurance.com Los Angeles CA 90071 INSURER(S)AFFORDING COVERAGE NAIC II INSURER A:ZUrich American Insurance Comp 16535 INSURED INSURER B:Nat 1 Union Fire of PA 19445 Lunda Construction Company INSURERC: 620 Gebhardt Road INSURERD: P.O. Box 669 Black River Falls WI 54615 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2065054591 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR 1NSR WVD POUCY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) A GENERALUABIUTY Y GL0654236300 10/1/2011 5/31/2012 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) , $1,000,00 o CLAIMS-MADE X OCCUR MEDEXP(Anyoneperson) $10,000 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO $4,000,000 —I POLICY X JEI°T X LOC $ A AUTOMOBILELIABNUTY BAP654236200 10/1/2011 5/31/2012 COMBINEDSINGLE LIMIT (Eeaccident) $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-O W1JED PROPERTY DAMAGE $ N-0 HIRED AUTOS _ AUTOS (Per accident) $ B UMBRELLA LIAB x OCCUR 34202334 10/1/2011 5/31/2012 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC 654236502 10/1/2011 5/31/2012 X WNW.IX OTH- AND EMPLOYERS'LIABIUTY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Lunda Job #8865 - Temporary Easement - Underground Electrical Lines - City of Oshkosh is included as Additional Insured as respects the Liability arising out of operations (Work) performed by or on behalf of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave P.O. Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ,6,, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD