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PRIVILEGE IN STREET AGREEMENT
This agreement is between Wisconsin Public Service Corporation, 700 North Adams Street, Green Bay,
Wisconsin 54301, and the City of Oshkosh,215 Church Avenue,Oshkosh, Wisconsin 5490I. 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 Resolutions 16-549, which was passed on December 13,
2016, and 17-231 which was passed on May 9,2017, has granted to Wisconsin Public Service a privilege within the
City's right-of-way for the following purpose:
Installation of two (2)temporary soil vapor monitoring wells in the City of Oshkosh right-of-way.
Once monitoring well will be installed in the Ceape Avenue right-of-way near the southeast quadrant
of its intersection with Court Street;and the second monitoring well in the western half of the Court
Street right-of-way south of Ceape Avenue. The monitoring wells shall extend no higher than surface
level, and shall at all times be visible at the surface. The wells shall be removed at WPSC expense at
the end of monitoring activity. The monitoring wells 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, WPSC shall become primarily
responsible for damages to person or property by reason of the granting of the privilege. WPSC, by virtue of its
signahlre 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 WPSC,to place two obstructions in the
form of temporary monitoring wells within the public right-of-way as generally described in Exhibit A. Terms and
conditions placed upon WPSC are incorporated from the Council Resolutions attached as Exhibit B. The following
are additional terms and conditions:
. WPSC shall take all necessary actions to ensure that the monitoring wells are visible from the surface.
WPSC has requested that these wells are not registered with Digger's Hotline and as a result assume all
responsibilities resulting from this lack of registration.
2. WPSC agrees that it is solely responsible for all costs and actions related to the purpose of this
Agreement. WPSC's responsibilities begin fi•om the commencement of this project and continue until
such time as the monitoring wells are removed from the public right-of-way.
3. WPSC shall be the primary responsible party for the actions of its employees,agents,general contractors,
subcontractors, and any other person and entity performing work relating to the monitoring wells.
4. WPSC holds harmless and releases the City of Oshkosh from all debt,claims,demands,damages,actions
and causes of action whatsoever fi•om any person or entity which may result from the placement of soil
vapor monitoring wells within the public right of way.
5. WPSC 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 existence of the monitoring wells, including the
City's attorney fees and costs, on such actions.
6. WPSC agrees that this agreement shall be liberally construed in favor of the City of Oshkosh, in
consideration of the privilege granted by the City.
WPSC shall not assign, convey, or transfer this privilege to any other person or entity without the written consent of
the City of Oshkosh. The restriction in the previous sentence does not include contractor's performing work to carry
out the purpose of this Agreement. The privilege is subject to all terms and conditions contained in any authorizing
resolution adopted by the City of Oshkosh Common Council, which are incorporated through Exhibit B. 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.
1
WISCONSIN PUBLIC SERVICE CORPORATION
I". .
By: M
Kim M.Michiels,R&Estate Agent
(title)
STATE OF WISCONSIN
) ss.
BROWN COUNTY
Personally came before me this_T64day of June,2017,the above-named Kim M. Micbiels of Wisconsin
Public Service Corporation to me known to be such person who executed the foregoing document and
acknowledged that they executed the same as such officers by its authority, for the purpose therein contained.
Notary Public, State of Wisconsin`1,
My Commission expires: a
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CITY OF OSHKOSH
y: Mar
And
B
ty A.Rohloff, CiManager Pamela R. Ubrig, City Cled ��I,QW1'5�;��`
STATE OF WISCONSIN
ss.
WINNEBAGO COUNTY jLXy"4_
Personally came before me this day of V 2017, the above-named 1 d and
e-Uty, of the City of Oshkosh to me known to be such person(s) who executed the foregoing
document and-Anowledged that they executed the same as such officers by its authority, for the purpose therein
contained.
Nota"ry Public, State of Wisconsin
My Commission expires: 12JI 3
Attachments: Exhibit A: Map of Monitoring Well Locations
Exhibit B:Resolution. 416-549 and 17-231
2
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Exhibit A 2 of 26
i
DECEMBER 13, 2016 16-549 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN-)
PURPOSE: APPROVE GRANTING PRIVILEGE IN STREET&EASEMENTS TO
WISCONSIN PUBLIC SERVICE FOR INSTALLATION OF SOIL
VAPOR MONITORING WELLS AT 303 CEAPE AVENUE/COURT
STREET SOUTH OF CEAPE AVENUE AND ADJACENT CITY
PARKING LOT/11 BROAD STREET
INITIATED BY: WISCONSIN PUBLIC SERVICE CORPORATION
PLAN COMMISSION RECOMMENDATION: Approved w/conditions
WHEREAS, Section 66.0425, Wis. Stats., provides for the granting of a privilege in
a right-of-way; and
WHEREAS, Wisconsin Public Service Corporation has requested a privilege in
street for installation of soil vapor monitoring wells within the right or way of Ceape Ave,
Court Street and Broad Street as well as easements for installation of said monitoring
wells as needed on City property per the attached; 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
Wisconsin Public Service Corporation and its contractors, a privilege in street and
easements are hereby granted for installation of soil vapor monitoring wells at 303 Ceape
Avenue/ Court Street south of Ceape Avenue and Adjacent City Parking lot/ 11 Broad
Street, per the attached, with the following conditions:
1) The soil gas probes be installed in a manrier that is approved by the Department
of Public Works with no modifications or changes in construction procedure
without prior approval by the Department of Public Works.
Exhibit B 1 of 3
DECEMBER 13, 2016 16-549 RESOLUTION
CONT'D
2) If no longer needed, the soil gas probes be properly abandoned and removed in
accordance with City standards and under the direction of the Department of
Public Works.
3) Any problem that may arise as a result of the placement of the soil gas probes be
the responsibility of the petitioner/owner to correct in coordination with the
Department of Public Works.
4) All appropriate permits are obtained prior to the start of placement of the soil gas
probes.
5) The soil gas probes 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 of Oshkosh, and its officers, Council members,
agents, employees and authorized volunteers as additional insured's with a
minimum commercial general liability coverage of $200,000 per occurrence and
$500,000 in general aggregate.
7) It is the responsibility of the petitioner/owner to file in a timely mamier 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 within ten
(10) days of notice.
8) The petitioner/owner execute a hold harmless agreement with the City.
9) The facility is part of and documented with Digger's Hotline system.
ExhiNt B 2 of 3
MAY 9, 2017 17-231 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND RESOLUTION 16-549 GRANTING PRIVILEGE IN
STREET TO WISCONSIN PUBLIC SERVICE FOR
INSTALLATION OF SOIL VAPOR MONITORING WELLS AT 303
CEAPE AVENUE AND AT COURT STREET SOUTH OF CEAPE
AVENUE
INITIATED BY: CITY ADMINISTRATION
WHEREAS, Wisconsin Public Service requested and was granted a privilege in street
for the purpose of installing monitoring wells at 303 Ceape Avenue and at Court Street
south of Ceape Avenue; and
WHEREAS, one of the conditions for the exercise of the privilege in sheet was
registration with Digger's Hotline; and
WHEREAS, WPS has requested to be relieved of the condition of registering with
Digger's Hotline because the monitoring wells will be completely vertical and will be
visible from the surface, making registration unnecessary.
BE IT RESOLVED by the Common Council of the City of Oshkosh that condition 9)
from Resolution 16-549 adopted on December 13, 2016 requiring registration of WPS
monitoring well facilities located at 303 Ceape Avenue and at Court Street south of Ceape
Avenue is hereby removed. All other conditions shall remain in full force and effect and
the proper City officials are hereby authorized to take those steps necessary to modify the
privilege granted as authorized by this resolution.
Exhibit 13 3 of 3