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Home My WebLink AboutPrivilege in Street/Lutheran Homes of WI 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: Lutheran Homes of Oshkosh Date: September 5, 2014 225 N. Eagle Street Pro�ect: Oshkosh, WI 54901 From: Carol Marchant, Adm. Assistant Re: Privilege in Street Agreement Attn: Theresa Bertram - 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 Quantit Description 1 Cop of the Privile e in Street A reement with the Cit of Oshkosh These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment Remarks: cc: City Clerk (original) Public Works, Engineering (copy) City Attorney (copy) � AGREEMENT '• This agreement is between Lutheran Homes of Oshkosh, Inc.,225 North Eagle Street,Oshkosh,Wisconsin, 54902, 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 14-330,which was passed on July 22,2014, has granted to Lutheran Homes of Oshkosh, Inc. a privilege within the City's right-of-way for the following purpose: Installation and maintenance of underground fiber optic utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus. The fiber optic cable 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. Lutheran Homes of Oshkosh, Inc., by virtue of its signature below, specifically affirms that it understands the extent of its responsibility and liabilities and accepts all such legal obligations. The City of Oshkosh, a Municipal Corporation, grants permission to Lutheran Homes of Oshkosh, Inc., to place an obstruction within the public right-of-way as generally described in Exhibit A. Other terms and conditions placed upon Lutheran Homes of Oshkosh, Inc.,are identified in Exhibit B,attached hereto and incorporated into this Agreement. In addition to those terms and conditions specified in Exhibit B include, but are not limited to: 1. The undersigned agrees that they are solely responsible for all activities comprising the purpose of this agreement. Lutheran Homes of Oshkosh, Inc.'s responsibilities begin from the commencement of this project and continue until such time as the fiber optic cable is removed from the public right of way. 2. Lutheran Homes of Oshkosh, Inc. shall be responsible for the actions of its employees, agents,general contractors, subcontractors, and any other person and entity performing any actions pertaining to this privilege in the street. 3. Lutheran Homes of Oshkosh, Inc. 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 fiber optic cable and related equipment within the public right of way. 4. Lutheran Homes of Oshkosh, Inc. 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. 5. Lutheran Homes of Oshkosh, Inc. 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 cause by, the activities relate 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. 6. Lutheran Homes of Oshkosh, Inc. agrees that this agreement shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City. 7. Lutheran Homes of Oshkosh, Inc. agrees that this agreement may be recorded with the land records of Winnebago County solely at the City's discretion. Lutheran Homes of Oshkosh, Inc. 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 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 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 PAGE FOLLOWS] ra � Dated this �� day of f�.,c,.ss�- , 2014. LUTHERAN HOMES OF OSHKOSH, INC. ) By;��-l/a.:.. 4�.�h.� Theresa Bertram, President and CEO STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY) Personally came before me this �day of�b� ,2014,the above-named Theresa Bertram of LUTHERAN HOMES OF OSHKOSH, INC. to me known e 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 purposs therein contained. . � otary Public, State of Wisconsir� My Commission Expires: C� � C7g �d�`� CITY OF OSHKOSH �. ~ �C/ 4 By: 1•--- ��i� And: � Mark�4. Rohlo , City Manager Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY) Personally came before me this �r�day of �'��r ,2014,the above-named Mark Rohloff and Pamela Ubrig of the CITY OF OSHKOSH to me known to be such person(s)and officers who executed the foregoing document and acknowledged that they executed the same s such officers by its authority, for the purpose therein contained. � � L�� 2� Notary Public, S ate of Wisconsin My Commission Expires : �l� _ / ,Z— Attachment: Exhibit A: Map of Cable Location Exhibit B: Resolution. #14-330 +- �� ,��-�, �� +, �, .: �, � �� -��r� ��, E. k � �,;' '�� ,� � � ,�r," � �� ` �:�' � .` �� ,,��: ,�� " �� . ; � `'y}T�fa�,�. f 'ar :^ � "��. = r� fi � � .y[��,. _ .< .Y. � _ f`.1 ,f y � '.�:"" l:�f� • �~i � � . �.��: � � i �- 4 X� � 'v �'.�. g�- . }t k�� k� 4 �c � � � Y � �� , .� � N �y � �+� '{ � �,g�`-:t �' . 1 � ��t e� �a�,_ fi� # y� d /� �'�� "e'I� �� . � F w��.Y''k�', ��' �}� . 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' • � � _. . . �. !;�.�� a i= 1 � ' h�. .. � �. .�' .. �� , � ,� . . � � Exhibit � JULY 22, 2014 14-330 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PRIVILEGE IN STREET TO GABRIEL'S VILLA AND LUTHERAN HOMES OF OSHKOSH IN NORTH WESTFIELD STREET RIGHT OF WAY, ADJACENT TO 215 NORTH WESTFIELD STREET INITIATED BY: GABRIEL'S VILLA/ LUTHERAN HOMES OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Gabriel's Villa and Lutheran Homes of Oshkosh request the Common Council to grant a privilege in street to Gabriel's Villa, Lutheran Homes of Oshkosh and its contractors to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, per the attached; and WHEREAS, Section 66.0425, Wis. Stats., 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 Gabriel's Villa, Lutheran Homes of Oshkosh, and its contractors a privilege in street to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, per the attached, and upon completion of said project, Gabriel's Villa and Lutheran Homes of Oshkosh will assume liability for said fiber cable within the right- of-way, with the following conditions: 1) Placement of the underground conduit shall be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2) The underground conduit is 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 Department of Public Works. 3) If no longer needed, the underground conduit is properly removed in accordance with City standards and under the direction of the Department of Public Works. 4) Any problem that may arise as a result of placement of the underground conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Pubiic Works. Exhibit = ; JULY 22, 2014 14-330 RESOLUTiON ' C�NT'D 5} AI[ appropriate permits be obtained priar to the start of p(acement o# the underground conduit. 6} The underground conduit be modified or removed immediate[y upon request of the City. 7) The petitioner/owner secures and submits to the City Glerk a separate insurance policy which names the City as an additional insured with a minimum coverage of � $Z00,000 per p�rson and $500,000 in generaf aggregate. 8} lt is the responsib[lity of the petitioner/owner #o file in a timeEy manner a new insurance certificate with #he City Clerk upan expiration af an existing cer�i#icate. Faifure to do so will resul# in the revoca#ion of the privilege in the right-of-way permit within ten (10) days of natice. 9) The petitionerlowner execu#es a ho{d harmless agreement with the City. 10)The facility become part of and documented with Dig�er's Hotline system. Exhibit � aaF� 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: Lutheran Homes of Oshkosh Date: September 5, 2014 225 N. Eagle Street Pro'ect: Oshkosh, WI 54901 From: Carol Marchant, Adm. Assistant Re: Privilege in Street Agreement Attn: Theresa Bertram - 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 Quantit Descri tion 1 Cop of the Privile e in Street A reement with the Cit of Oshkosh These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment Remarks: cc: City Clerk (original) Public Works, Engineering (copy) City Attorney (copy) AGREEMENT '• This agreement is between Lutheran Homes of Oshkosh, Inc.,225 North Eagle Street,Oshkosh,Wisconsin, 54902, 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 14-330,which was passed on July 22,2014, has granted to Lutheran Homes of Oshkosh, Inc. a privilege within the City's right-of-way for the following purpose: Installation and maintenance of underground fiber optic utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus. The fiber optic cable 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. Lutheran Homes of Oshkosh, Inc., by virtue of its signature below, specifically affirms that it understands the extent of its responsibility and liabilities and accepts all such legal obligations. The City of Oshkosh, a Municipal Corporation, grants permission to Lutheran Homes of Oshkosh, Inc., to place an obstruction within the public right-of-way as generally described in Exhibit A. Other terms and conditions placed upon Lutheran Homes of Oshkosh, Inc., are identified in Exhibit B, attached hereto and incorporated into this Agreement. In addition to those terms and conditions specified in Exhibit B include, but are not limited to: 1. The undersigned agrees that they are solely responsible for all activities comprising the purpose of this agreement. Lutheran Homes of Oshkosh, Inc.'s responsibilities begin from the commencement of this project and continue until such time as the fiber optic cable is removed from the public right of way. 2. Lutheran Homes of Oshkosh, Inc. shall be responsible for the actions of its employees, agents,general contractors, subcontractors, and any other person and entity performing any actions pertaining to this privilege in the street. 3. Lutheran Homes of Oshkosh, Inc. holds harmless and releases the Ciry 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 fiber optic cable and related equipment within the public right of way. 4. Lutheran Homes of Oshkosh, Inc. 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. 5. Lutheran Homes of Oshkosh, Inc. 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 cause by, the activities relate 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. 6. Lutheran Homes of Oshkosh, Inc. agrees that this agreement shall be liberally construed in favor of the City of Oshkosh, in consideration of the privilege granted by the City. 7. Lutheran Homes of Oshkosh, Inc.agrees that this agreement may be recorded with the land records of Winnebago County solely at the City's discretion. Lutheran Homes of Oshkosh, Inc. 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 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 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 PAGE FOLLOWSJ ra Dated this �=� day of ��c,�s� 2014. T-' , LUTHERAN HOMES OF OSHKOSH, INC. B�. �Wl.tia:.w 5�..�+-�Xti� Theresa Bertram, President and CEO STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY) Personally came before me this �day of� Ub� ,2014,the above-named Theresa Bertram of LUTHERAN HOMES OF OSHKOSH, INC. to me known e 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 purpas� therein contained. � otary Public, State of Wisconsirt My Commission Expires: C� � C78 ��:;t.�j CITY OF OSHKOSH � � � \ �� D By: t•--, And: � Mark . Rohlo , City Manager Pamela R. Ubrig, City Clerk STATE OF WISCONSIN ) ) SS. WINNEBAGO COUNTY) r� / Personally came before me this � day of ��1� ,2014,the above-named Mark Rohloff and Pamela Ubrig of the CITY OF OSHKOSH to me known to be such person(s)and officers who executed the foregoing document and acknowledged that they executed the same s such officers by its authority, for the purpose therein contained. � � , G�� Fz� Notary Public, S ate of Wisconsin My Commission Expires : �-- /� ' / �� Attachment: Exhibit A: Map of Cable Location Exhibit B: Resolution. #14-330 �,�� a t �~��*►"� °'*'�'�' _"� _ *�� ' i .: � �t� � � ��y�. �r�� -�p, � �.. �� .��r r .�� Y�!.� � ',� �j�� j��. }��; '7�� 4. . �� a d �. � "{,3 { � �. �t��. `�3. ~%� h: �', �� .� . "'y � � 6� �t.�k �v�, f�� ffi.. (�'�1P,�. �'� �}•'. �. .: �� M4 5 '<�� } � '!�i � �;� +* ��:. �}° ' � , ��'� i `�;t . � +�� Y : §,�� .u�" � � : .. .� y 3 � . � ; ' _ ",�'�a�,, `�E, �' ��; �� ' s � ,,�,«:'kt=: f�� f e �, ' � ".r'. k::� �'. _s��g�'� � ��_ `,� z_ +� �.� ,r�.� F '.q�� "� y �.3 . 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J �� "� , '' � � � � :.4 - a :� f ` y r a' .z''� � A.� - � �":�°*'��' �f, � � � , , .; . � . .. . ,_ ��°�r,,, a a � ',�� t� , - .. � � �� z � -� �' .J � �� -- - . ... +�w.. ��u `. _ _. , _ . . ,�.�.._ia� .., � ��' � . . . �y � 'J " `` Exhibit � JULY 22, 2014 14-330 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) PURPOSE: GRANT PRIVILEGE IN STREET TO GABRIEL'S VILLA AND LUTHERAN HOMES OF OSHKOSH IN NORTH WESTFIELD STREET RIGHT OF WAY, ADJACENT TO 215 NORTH WESTFIELD STREET INITIATED BY: GABRIEL'S VILLA/ LUTHERAN HOMES OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved w/conditions WHEREAS, Gabriel's Villa and Lutheran Homes of Oshkosh request the Common Council to grant a privilege in street to Gabriel's Villa, Lutheran Homes of Oshkosh and its contractors to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, per the attached; and WHEREAS, Section 66.0425, Wis. Stats., 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 Gabriel's Villa, Lutheran Homes of Oshkosh, and its contractors a privilege in street to install underground fiber utilities across the 200 block of North Westfield Street to connect three buildings to the existing fiber network located on the Lutheran Homes of Oshkosh Campus, per the attached, and upon completion of said project, Gabriel's Villa and Lutheran Homes of Oshkosh will assume liability for said fiber cable within the right- of-way, with the following conditions: 1) Placement of the underground conduit shail be coordinated with the Department of Public Works to prevent conflicts with existing underground utilities. 2) The underground conduit is 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 Department of Public Works. 3) If no longer needed, the underground conduit is properly removed in accordance with City standards and under the direction of the Department of Public Works. 4) Any problem that may arise as a result of placement of the underground conduit be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. Exhibit = 1 JULY 22, 2014 14-330 RESOLUTlON . C�NT'D 5} AI[ appropriate permits be abtained priar to the start of pfacement af the underground conduifi. 6} The underground canduit be modi�ed or removed Emmediatefy upon request of the City. 7) The petitioner/owner secures and submits to the City Cierk a separate insurance policy which names the Ciiy as an acfditional insured with a minimum coverage of � $ZOO,OOQ per person and $500,OQ0 in generaf aggregate. 8} It is the responsibElity of the petitioner/owner to file in a timeEy manner a new insurance cert�cate with #he City Clerk upon expiration af an existing certi#icate. Failure to do so will result in the revocatior� of the privilege in the right-of-way permit within ten (10) days of natice. 9) The petitioner/owner executes a ho{d harmless agreement with the City. '(0)The facility become part of and documented with Digger's Hofiline system. Exh i bit � � D��