HomeMy WebLinkAboutTown of Nekimi Utility Permit�/IVlheba�CD CPu�hj
TOWN OF NEKIMI
WINNEBAGO COUNTY, WISCONSIN
UTILITY PERMIT
KNOW ALL MEN BY THESE PRESENTS that the Town of Nekimi of Winnebago
County, Wisconsin ("Town") does hereby grant to the City of Oshkosh of Winnebago County,
Wisconsin and its contractors and agents (together "City") a temporary right of entry permit for
access ("Permit") to Town roads shown on the project site map marked Exhibit A, which is
incorporated by reference. This Permit is being issued to allow the City to install a 16" water
main from an existing 16" water man on Washburn Street (west of USH 41) to the Aviation
Industrial Park (on the east side of the Wittman Regional Airport).. The water main will be in the
right-of-way of W. Ripple Ave. and Knapp St. but outside the aggregate shoulder. Furthermore,
the water main will be installed in a private easement between Knapp St. and the Aviation
Industrial Park site. This Permit expires on December 31, 2016. This Permit is subject to the
following terms and conditions:
All work to be performed shall be at the City's sole expense.
2. All work shall occur only during daylight hours and shall be performed with such
care, diligence and cooperation as will avoid accident, damage or harm to persons or property.
No condition is allowed that would adversely alter or affect the Town's roads or public rights-of-
way, including, without limitation, stormwater drainage. The Iocation of the water main
authorized by this Permit is limited to the right-of-way of W. Ripple Ave. and Knapp St. outside
the aggregate shoulder.
3. The City recognizes and assumes all responsibility for present and future liability
arising from or in any respect related to the work. Therefore, to the extent authorized by law, the
City agrees to indemnify and hold harmless the Town, its elected officials, officers, employees,
agents and insurers ("Indemnified Parties") from any and all liability, fines, penalties, claims,
demands, loss or lawsuits (including reasonable attorneys' fees) brought by any third party or
governmental agency under any theory of law against the Indemnified Parties seeking to hold
them liable for the City's work. This indemnity survives the expiration of this Pen -nit.
Notwithstanding this indemnity to the Town, the City reserves all defenses against third parties
provided by Wis. Stat. § 893.80 and under common law.
4. The water main will cross the roadway pavement of W. Ripple Ave., Knapp St.,
and Waupun Ave. This Permit authorizes the City to open cut these crossings provided that the
excavation through the crossing is backfilled with granular material and the pavement structure
is replaced with 5" asphaltic pavement over 10" of crushed aggregate base coarse. The City shall
promptly restore all Town roads and rights-of-way to substantially the same condition in
existence prior to the performance of the work authorized by this Pen -nit.
5. The City shall promptly reimburse the Town for reasonable professional fees
incurred by the Town in the preparation or administration of this Permit not to exceed $500;
provided, however, the preceding monetary cap does not apply if the Town brings a legal action
to enforce the terms and conditions of this Permit and substantially prevails in the action.
31S
The undersigned, its successors and assigns, agrees to comply with the terms and
conditions of this Per-unit. This document may be executed in counterparts and a facsimile
signature or digital pdf signature is the same as an original signature.
Date:
Signature of Applicant
Approved this 20(lay of aU 17 , 2015 by the undersigned authorized
representative of the Town of Nekimi.
Authorized Representative