HomeMy WebLinkAboutUWO/Dempsey Trail CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: U.W. Oshkosh Foundation, Inc. Date: June 7, 2012
842 Algoma Blvd. Project: Methane Gas Connection
Oshkosh, WI 54901 From: Carol Marchant, Admin. Assistant
Re: Privilege in Street Agreement
Attn: Sabina Schiessl
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Privilege in Street Agreement (copy)
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks: Please forward a copy to U.W. Oshkosh Foundation if necessary
Sincerely,
(,"0 fta,u-LtAtt
Carol Marchant `
Administrative Assistant y '
. 201
cc: City Clerk (original) �' \1� �U
Public Works (copy)
City Attorney(copy)
AGREEMENT
5:
This agreement dated the day of ��'� , 2012, is between The University of
Wisconsin - Oshkosh, 800 Algoma Boulevard, Oshkosh, Wisconsin 54901, University of Wisconsin-
Oshkosh Foundation, Inc., 842 Algoma Boulevard, Oshkosh, Wisconsin 54901 and UW - Oshkosh
Foundation - Witzel, LLC, 842 Algoma Boulevard, Oshkosh, Wisconsin 54901 (collectively, UWO),
and the City of Oshkosh, 215 Church Avenue, Oshkosh, Wisconsin 54901. Each party agrees that
good and sufficient consideration as described or referenced in this document has been given to, and
received from the other as part of this agreement.
The City of Oshkosh, through Common Council Resolution 12-73, which was passed on
February 28, 2012, granted to UWO a privilege within the City's right-of-way for the following
purpose:
Installation and maintenance of an underground methane gas connection within the right of
way of Dempsey Trail between the UWO's biodigester and the City's wastewater treatment
plant. The methane gas facilities shall be located as specified in the attached Exhibit A,
which is incorporated as a term of this Agreement.
Wisconsin 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. UWO, by virtue of their signatures below, specifically affirms that they understand the
extent of their responsibility and liabilities and accepts all such legal obligations.
The City of Oshkosh, a Municipal Corporation, grants permission to UWO to place an
obstruction within the public right-of-way as generally described in Exhibit A. This Agreement is
related to, and shall be consistent with and subject to, a written Connection Agreement entered into
by these parties on or around March 2, 2012. Other terms and conditions placed upon UWO are
identified in the Common Council Resolution attached as Exhibit B and fully incorporated into this
Agreement. Terms and conditions placed upon UWO in addition to those specified in Exhibit B
include, but are not limited to:
1 . The undersigned agree that they are solely responsible for all activities comprising the
purpose of this agreement. UWO's responsibilities begin from the commencement of this
project and continue until such time as the underground methane gas connection is
removed from the public right of way.
2. The underground methane gas connection shall be removed at UWO's expense when
such facilities are no longer in use. "No longer in use" shall be defined as the failure to
actively and consistently use the facilities for a period of six or more months.
3. UWO shall be jointly and severally responsible for removing, relocating, and/or protecting
all facilities subject to this Agreement when such facilities interfere with the City's past,
present, or future use of this right of way property. All removals and/or relocations shall
be at UWO's expense. The City shall provide reasonable notice of necessary removals
and/or relocations. Except for emergency situations, the City should give a minimum of
ten (10) days notice of removal. If UWO fails or refuses to remove or relocate their
facilities within the time given by the City, then the City shall take all necessary steps to
exercise their use of their right of way, including actions relating to UWO's facilities.
UWO shall be jointly and severally liable for costs and damages the City incurs related to
UWO's facilities in the City's right of way.
4. UWO shall be jointly and severally responsible for the actions of their employees, agents,
general contractors, subcontractors, and any other person and entity performing any
actions pertaining to this privilege in the street.
5. UWO, jointly and severally, holds harmless and releases the City of Oshkosh from all
debt, claims, demands, damages, actions and causes of action whatsoever from any
person or entity which may result from the placement of this underground methane gas
connection and related equipment within the public right of way.
6. UWO, jointly and severally, 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 related to or caused by the activities related to this privilege its employees
and agents, or by any other person or entity making a claim related to the subject of this
privilege.
7. UWO, jointly and severally, agrees to indemnify and refund to the City all such sums
which the City may be obligated or adjudged to pay that are related to, or caused by, the
activities related to this privilege in the street, including the City's attorney fees and
costs, on such actions, claims or demands within 30 days after written request for such
indemnification.
8. UWO agrees that this agreement shall be liberally construed in favor of the City of
Oshkosh, in consideration of the privilege granted by the City.
UWO shall not assign, convey, or transfer this privilege to any other person or entity 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
attached hereto as Exhibit B and is fully incorporated into this Agreement as if fully recited within
this document. By executing this agreement and by using the privilege, the undersigned agrees to
fully abide by all terms and conditions, and all State of Wisconsin requirements, whether by statute
or administrative rule. The statutory requirements as of the date of this agreement include Section
66.0425, Wisconsin Statutes, but future amendments and/or renumbering shall also apply. This
privilege may be revoked for any lawful reason, including but not limited to for noncompliance with
the authorizing resolution and this agreement.
[SIGNATURE PAGES FOLLOW]
UNIVERSITY OF WISCONSIN - OSHKOSH ",,,
By: e, G -.
homes G. S
nleitner,
Vice Chancellor - Administration
.; s
STATE OF WISCONSIN ) , c�or
ss. s�+jPt�f :�'��
WINNEBAGO COUNTY )
Personally came before me this F S"f
day of , 2012, the above-named
Thomas G. Sonnleitner of University of Wisconsin - Oshkos , to me known to be such person(s) and
officers who executed the foregoing document and acknowledged that they executed the same as
such officers by its authority, for the purpose e n ont i
Notary Public, Co.,(,t,,,�ne i....______
Sts Wisconsin
My Commission: CE.{- iU /6
UNIVER' 1 % WI' • 1 '' IN - OSHKOSH FOUNDATION, INC.
By: , Mi
Arthur_
A hur H. Ra hje President
l9 • t*3
4\t '^'�'I,0
STATE OF WISCONSIN ) 3 " 4
) ss. :f
WINNEBAGO COUNTY } ,.' } ri„
44 iii
Personally came before me this day of �S � *, 01,2, the abtta,�-named Arthur
H. Rathjen of University of Wisconsin - Oshkosh Foundation, Inc., to 'the known tobe such person(s)
and officers who executed the foregoing document and acknowledged that they executed the same
as such officers by its authority, for the purpose herd contai Alp
At .
Notary 'ublic, in . .el Co., Wisconsin
My Commission: 04.( to- j C
UW - 0 . 0 - iIN- • TION - WITZEL, LLC
e
3 Aaz�9. at
Ar ur H. Ra , Member f A .
STATE OF WISCON i ) 4(,, ,, ,
, �
WINNEBAGO COUNTY ) ss. g`it,,,,.'` w
dt,f --F .L k� ;''
Personally came before me this 2 day of , 201 2, the above-named Arthur
H. Rathjen of UW - Oshkosh Foundation - Witzel, LL , to me known to be such person(s) and
officers who executed the foregoing document and acknowledged that they executed the same as
such officers by its authority, for the purpose tberain ntain
Notar ublic, (x,,orte u.c, Co., Wisconsin
My Commission: ()—f-- /() /(,
CITY OF OSHKOSH
By: ‘— l.�-6�/- And: Ivc- -
Mark A Rohloff City Manager er Pamela R. Ubrig, City Clerk
9 Y
A pr" ed as to form:
( Ai WIN 1-"....-All
`t, n A . Lore nson, Ci ' '•mey
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
'erso II ca • before me •is • da , 2012, the above-named
A AI and /. ,AO L ,/ of the CITY OF OSHKOSH to me
known to be such person(s) and officers who exec •edt e foregoing document and acknowledged
that they executed the same as such officers by ' s authority, for the purpose therein contained.
ilAakiik• I
Notary Public, "° �( Co. Wisconsin
My Commission: Oj o�-��f
Attachments: Exhibit A: Map of Underground Methane Connection
Exhibit B: Resolution. #12-73
•
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GRASS PINK=NH --""T .
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Exhibit A lop ..
•
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' GAS LINE ROUTE SURVEY FOR:
• BIOFERM ENERGY SYSTEMS •
LOCATED IN A PART OF THE SOUTHWEST 1/4 OF THE
.
. NORTHWEST WARD, CITY OSHKOSH, SIXTH
OSHKOSH, WTNNEBAGO COUNTY, WISCONSIN.
Gas Una Basement Descriptfon
• Part of the Southwest 114 of the Northwest 1M,Section 23,T,10 N.-R 16 E.,In the
Sixth Ward,City of Oahkoeh.Wlmebago county,Wisconsin befog more particularly described
Si follows:
LTY Qg-Q (K#� H f.. '�' Commending at the Northwest caner of tot 1,CSN No.8486 recorded as Document No.
i 5EwAGE,_1RI.wail' PLANT E 1545181 In IN.Wimebage CountyRegtaserof Deeds OWWce;thence North 64'•51'-57•Dent
song the Northerty Ilna of Bald Lot 1,said Ins also being Ilse Southerly right-of-way line of
Dempsey Trees,a&tense of 84.44 resits the point of beginning:thence North 30'-1T-51'
Bast,a distance of 16,09 feat;throe North 29••29'•11'West,a distances)!54.55 feat;theme
'1- / North 7!'-25'-15'Eau,a Matinee of 74.03 feet thanes North 04'-3649'West,a distance of
56.47 feet thence North 85'.23'-1 r East,a distanos 06E0 feet thence North 24'.35'-49'
/4.
Weft a distance of 84.11 feat io the Southerly fees d s building;thence North 65'37L14'
East ebng Seuthedy well of old building,a dlelance of 13.50 fest thence South 24'•39.45'
�� suet.'distance of 144.71 feet;thence South 27'-25 t6'West,I dlakrtea of 7246 feet
{hence South 29'49-11•East,e dletanc•el 65.111 faet 10 uid Southerly rlghrof way line:
f. thence South 64'41'57"West Bong add Southerly 6na,a distance 040.75 feat to Ora paint of
.S ' beg6mtng.
LEGEND?
•
// � HANDICAP PARKING STALL
'' 'fa E1fISTING ROUND CATCH BASIN
o /� • �y unurr POLE MTH GUY WIRE
J ;" o ERSRNG CHAINUNK FENCE
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.SPHALT fo yt5',Plow� ux o EXISTING W00D FENCE
tie SeCPP.74z77
,'— -- or--- _ a ./ It to fvay.,74ses 1 PROPERTY UNE•
tr a
P DI �'" ''r' - 97—^—� EXISTING STORM SEWER AND MANHOLE
�� di ON Pp[Llg.
e+14''5' c 1,1 P" �i(' a .�—sa—�o EXISTING SANITARY SEWER AND MANHOLE
tP�a
! � P4"`�-���� p' e e wax.
-._.,,,,pt, EXISTING EFFLUENT SEWER AND MANHOLE
CI'�A QCs �f' met
�t'_+tl���' �r'e /�` e, I - r a EXISTING WATER LINE AND HYDRANT
as 6`°s ,,'�'r,r"o .. G`/' E EXISTING UNDERGROUND ELECTRIC CABLE
witt'e r w t' EXISTING UNDERGROUND TELEPHONE CABLE
!tlu-7sr.a .es MM
u we a^ay.7saat � / ' �� v 4 , tsu.7afao a EXISTING UNDERGROUND GAS LINE
IC a[4reen .7e O 1 IC eN m^tpP.7N,79 IC NW 4f'CPP 09 1 Y xr to^pvo.14s4a 'tc Nw trap. ey PAP.r..s,as ou EXISTING OVERHEAD UTIUTY UNE
I a �L�\ e r tti IrCPP-7aess� / ,` GRASS EXISTING UNDERGROUND FIBER OPTIC LINE
G 1 �/ ` 1 EXISTING CURB ANO GUTTER
ro / ASPHALT ]
/ I I 0 PROPOSED UNDERGROUND GAS UNE
44 GRASS 1 1 NOTE:
\ KONG' l AN UPDATED 1111E SEARCH HAS NOT BEEN AUTHORIZED FOR
JtyE ( YW7 PPpc THE PREPARATION of Nis SURVEY .
-IL il .
RASE ~ova pin BUILDING t+r+30' I 1 I sp' L........r.
IQI.t ! FEET
Y...A§46$ \ ft aPw.74ao l
. I.4 ?_$1 eudruY xk 'G ' STATE OF WISCONSIN ) SS
Rixaazfo Lr FOND DU LAC COUNTY)
I Se 4 pV..74a.oa
IL NO S'PUe+744.£7 K EE j-� !
RIP-RrP 1 I, Ryan Whereon. d Wisconsin Registered Land Surveyor,
/ { hereby certify that the Gas Line Easefnent shown hereon 1
�r
n.Is eur.7�s,so I was mapped under my direct supervision and is a true
,�•,�' f e and correct representation of sold easement.
•• II ASPHALT `h: G RA, -
I ONC Ryan Wllgreen, R.L.S. S-2647-2fi47•. t n ta'a.P.�.afo{ --
MUSE ax •
pr+7/Zit �t �y GRAVEL J
PaorEeB M11 - . . . .
"Y'•-'-Y�.`S/.•"�
BUILDING s m4r i ' BEARINGS ARE REFERENCED TO GRID
/
! • I NORTH OF THE WISCONSIN STATE PLANE
I. COORDINATE SYSTEM, SOUTH ZONE.
•NaRLT , O
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1I 1 GRASS z I
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. �4� AhnlaaB+eerFlan
• �/ tXCEL ,OOdMawreer.
Exhibit t OF . - ENGINEERING.. rAr aruww'tM00�
SURVEYING GROUP
PROJECT NO. 904520
FEBRUARY 28, 2012 12-73 RESOLUTION
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: GRANT PRIVILEGE IN STREET TO UNIVERSITY OF
WISCONSIN FOUNDATION ETAL TO INSTALL UNDERGROUND
CONNECTION IN DEMPSEY TRAIL RIGHT-OF-WAY BETWEEN
THE UNIVERSITY'S BIODIGESTER AND THE CITY'S
WASTEWATER TRETMENT PLANT
INITIATED BY: UNIVERSITY OF WISCONSIN FOUNDATION, PETITIONER
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, the University of Wisconsin Foundation requests the Common
Council grant a privilege in street to the Foundation and its contractors as may be
required to install an underground methane gas connection within the right-of-way of
Dempsey Trail between the University's biodigester and the City's wastewater treatment
plant; and
WHEREAS, Section 66.0425, Wis. Stets., 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 the
University of Wisconsin Foundation and its contractors, a privilege in street to install an
underground methane gas connection within the right-of-way of Dempsey Trail between
the University's biodigester and the City's wastewater treatment plant, per the attached,
contingent upon the following:
1) Placement of the methane gas piping shall be coordinated with the Department
of Public Works to prevent conflicts with existing underground utilities,
2) The methane gas piping be installed in a manner that is approved by the
Department of Public Works with no modification or changes in construction
procedure without prior approval by the City.
3) If no longer needed, the gas piping be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
4) Any problem which may arise as a result of the placement of the gas piping be
the responsibility of the petitioner/contractors to correct in coordination with the
Department of Public Works.
Exhibits 1 Do-
FEBRUARY 28, 2012 12-73 RESOLUTION
CONTD
5) All appropriate permits be obtained prior to the start of placement of the gas
piping•
6) The gas piping be modified or removed immediately upon the request of the City.
7) The petitioner and contractors 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.
10) The facility be part of and documented with Digger's Hotline system.
•
Exhibit 5_21_,A-