Title
Temporary Land Use Agreement- Request from Urban Tree Management, Inc. for temporary use of Washington Manor Park to install trees on behalf of the Eken Park Neighborhood Association.
Body
The City of Madison Parks Division has received a request from Urban Tree Management, Inc. (User) to access Washington Manor Park for the installation of trees donated by the Eken Park Neighborhood Association. The User requests the temporary use of Washington Manor Park under the following terms and conditions:
The City of Madison Parks Division hereby agrees to allow the User to temporarily access a portion of City-owned property located at 801 N. Oak Street, aka, Washington Manor Park, as depicted on attached Exhibit A (the “Premises”), in order to plant trees and/or use vehicles or motorized equipment as necessary for the tree installation.
This Agreement is subject to the following conditions:
The User shall be liable to and hereby agrees to indemnify, defend and hold harmless the City, and its officers, officials, agents, and employees, against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the City or its officials, officers, agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the acts or omissions of the User and/or its officials, officers, agents, employees, assigns, guests, contractors, subcontractors, invitees, in the performance of this Agreement, whether caused by or contributed to by the negligent acts of the City, its officers, officials, agents, and employees. This paragraph shall survive termination and assignment or transfer of this Agreement.
The User shall contact Craig Klinke at 608-246-4508 prior to the use of the property.
The User shall not be permitted to drive or park vehicles within the Premises when the ground is saturated or during rain events unless otherwise authorized by the Parks Superintendent or his designee.
Any damage to the Property will be repaired by the User including any required turf restoration.
The User shall carry commercial general liability insurance covering as named insured the User and naming the City, its officers, officials, agents and employees as additional insureds, with no less than the following limits of liability: bodily injury, death and property damage of $1,000,000 per occurrence. As evidence of this coverage, the User shall furnish the City with a certificate of insurance on a form approved by the City.
The User shall observe and promptly and effectively comply with all applicable statutes, rules, orders, ordinances, requirements and regulations of the City, the County of Dane, the State of Wisconsin, the federal government and any other governmental authority having jurisdiction over the Premises.
All tree planting operations shall be in accordance with the Article 209 of the City of Madison Standard Specifications for Public Works Construction, 2017 Edition.
This Temporary Land Use Application shall terminate upon completion of the construction project or December 31, 2017, whichever occurs first.