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Home My WebLink AboutConsent for Property Entry/Waiver/Release of Liability-Radloff 2012 CONSENT FOR PROPERTY ENTRY & WAIVER/RELEASE OF LIABILITY NOTE: THIS IS A LEGAL DOCUMENT PARTIES: This Agreement is between the City of Oshkosh (CITY) and Wesley A. and Shirley A. Radloff(collectively, RADLOFF). PURPOSE: In or around 2012 the CITY acquired certain agricultural property from the RADLOFF'S for storm water management purposes. A portion of the property acquired currently contains a valuable crop of hay that could be harvested as of the date of this Agreement. RADLOFF wishes to enter the CITY property and harvest this hay, and the CITY agrees to allow RADLOFF enter its property to harvest the hay. A map is attached generally identifying the location of the hay to be harvested. CONSIDERATION: The parties enter into this Agreement for$1.00 and other good and valuable consideration. RADLOFF shall not owe the CITY any additional fee for harvesting of this hay crop. TERM: This Agreement shall commence on September 1, 2012 and shall end on September 30, 2012, or upon the completion of the harvesting of the existing crop of hay, whichever occurs first. UNDERSTANDING OF INHERENT RISK: I understand that agricultural activities, such as harvesting hay, involve inherent risk due to the machinery used, and the physical activity and actions of those undertaking, assisting, or observing the activity, or any member of the public coming into contact with any actions related to such activity. Therefore, I release the City of Oshkosh from all claims for damages experienced RADLOFF, their employees, agents and assigns, or by any member of the public coming into contact with any of the activities related to this Agreement. This includes both personal injuries and property damage which are related to all agricultural activities on the CITY'S property. WAIVER OF CLAIMS BASED UPON NEGLIGENCE: I release the City of Oshkosh, its officers, employees, agents, representatives, and insurers, including all of the assignees and successors in interest of all those aforementioned, from all claims based upon the negligent actions and/or inactions of the City of Oshkosh, its officers, employees, agents, and/or representatives, which occur during the agricultural activities related to this Agreement. The release in the previous sentence includes a release of claims against the City of Oshkosh based upon the negligence of third persons. The claims released in this paragraph include those which may be based upon State or Federal statutes and/or administrative codes, common law, and Municipal and/or County Ordinances. The potential injuries and claims resulting from the identified type of activities include property damage, and physical and psychologi 'njt e,,, f4l 1pye � C L-. 1 of seriousness, as well as in extreme circumstances, death. ( _ , _ i^■ u �l SEP 262012 CITY CLERK'S OFFICE WILLFUL AND MALICIOUS ACTIONS NOT RELEASED: I understand that actions of the City of Oshkosh, its officers, employees, agents, and representatives which are reckless, willful and malicious are not part of this agreement and are not released. ACTIONS BY THIRD PARTIES ARE NOT RELEASED: I understand that by signing this Waiver/Release I am not foregoing any claims that I may have directly against third persons based upon their negligent, reckless, willful and malicious actions are not part of this agreement and are not released. Third parties are meant to include all persons other than the City of Oshkosh, its officers, employees, agents, and/or representatives. NEGOTIATION: I understand that if this Waiver/Release was not in the form that it is, that the opportunities for the agricultural activities noted would either be eliminated, or significantly limited, or it would include significant payments to the CITY to undertake these activities. Because I do not wish to have the hay harvesting limited, and I do not want to pay additional money to the CITY for this activity, I note that I have considered my options and hereby waive my rights to negotiate or bargain for different terms which may lead to more potential liability on the part of the City of Oshkosh, its officers, employees, agents, and/or representatives. RADLOFF Date: l — l//4, ~ ( Date: 7/� -‘ 72 t6/ /1 26egyi • Wesley A. ' adloff Shirley 4 Radloff CITY `�- 2.6-2o/2 Date 'L— By: �-- By: Mark A. ohloff, City Manager p_.-- = : • . . . ., City Clerk kt eka j&&C'k I AP iOVED AS TO ORM: J Al Lorens c a y Attorney W 1/4 CORNER SECTION CENTER 1-018-1i SECTION 31-18-16 1�� 4 PARCEL PARCEL PARC CITY OF OSHKOSH '.•♦♦♦♦♦♦♦♦.•♦♦♦♦♦•♦♦♦♦♦♦.• #0020392 #0020389 #002C PART OF '.♦♦♦♦♦.♦♦♦♦♦♦♦.•♦♦♦♦♦♦♦�• WESLEY A & WESLEY A & KEVIN NEY4 OF SEY4 /.��♦�♦��.�♦�.�♦�♦�♦. SHIRLEY A SHIRLEY A KIM SEC. 36 • RADLOFF RADLOFF RADL T18N R15E ; .♦ CITY OF OSHKOSH :♦:♦:♦: PART OF LOT 1 LOT 4 ♦�♦♦♦♦♦♦♦. PART OF .♦. NA OF SWY4 CSM 4518 CSM �♦.��//�� NW/14. OF SW Y4 .♦♦♦ SEC. 31 �♦�.�♦�♦�♦�.��.�♦�♦ SEC. 31 ♦•♦ T18N R16E ♦♦..♦♦♦.♦♦ T18N R16E ♦♦♦4 i i!i i■ i I♦♦♦♦♦♦♦♦♦♦♦♦. -TEMPORARY -TEMPORARY -TE! .♦♦♦.♦.♦♦.♦♦♦♦.♦♦.♦♦♦♦♦.♦. UMITED LIMITED LIM EASEMENT EASEMENT EA' .♦♦♦♦..♦♦♦♦♦♦♦♦.♦♦...♦♦♦♦. 0.39 ACRES 0.63 ACRES O. ■ .`r 'iriW klr+� 395.51' f 688.20' I 639.9 •.♦♦♦. ►♦♦♦•♦♦♦♦♦•♦♦♦♦.• 30.74' /LC ��♦�, CITY OF OSHKOSH PARCEL iS�, .� ' ♦. #002039302 .�.♦♦♦, PART LOT 2F •. PART OF PARCEL PAR' R ►♦♦.♦♦, CSM 4255 ♦. LOT 2 #002039401 #002 ■�('� _.._L A ♦ ♦' CSM 4255 PART OF LOT 40♦.•♦♦♦♦♦♦.♦.♦.♦. CSM 3927 CSM • PART OF ,I•A•∎•4•A•��01MM��INFAVIC' PARCEL LOT 2 #002039303 CSM 4255 OUTLOT 1 LOT 1 C CSM 4255 CSM 4255 RER SECTISW ON CO 31 1 N 8-16 I STATE ROAD 91 0 PERMANENT 0_ PERMANENT EASEMENT In EASEMENT 469.09 FT. LJ 20x50 FT. STRIP OF STRIP OF PARCEL N Q PARCEL #002039303 #002039302 Exhibit A Page 1 i