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Request from Stephenson Tree Care for a Temporary Land Use Permit for Hoyt Park.
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The City of Madison Parks Division has received a request to allow Stephenson Tree Care (“Applicant”) to temporarily utilize a portion of City-owned Hoyt Park, located at 3902 Regent Street (“Property”), for ingress and egress, and completion work for a tree removal (“Tree Work”) for Walter Holthaus, 106 Standish Court.
The Applicant shall be required to comply with the terms of the Temporary Land Use Permit as shown below:
The Tree Work must be completed between the hours of 7:00 am and 2:30 pm and may not span more than 4 days after the work has begun. The use of Hoyt Park is acceptable for the specified date and time range only. Any other entry into the park constitutes trespass.
A tracked skid steer (with use of cow pads or other matting system) or small vehicle and trailer shall be permitted to enter the southern end of Hoyt Park from Hillcrest Drive via Owen Parkway to enter 106 Standish Court from the west. The equipment must exit the same way. Any damage to the public property or Owen Parkway caused by the Tree Work operations will be required to be repaired at the Applicant’s expense.
The Applicant is responsible for all clean up after the Tree Work is completed. If City resources are required for cleanup, the Applicant will be invoiced on a time and material basis for all costs incurred to the City.
Any damage to Hoyt Park, to the wooded area or any other part of the park, will be repaired by City of Madison Parks Division staff and the cost shall be invoiced to the Applicant on a time and material basis for all costs incurred to the City.
The Applicant shall provide a refundable deposit of $500.00 with City of Madison Parks Division, which may be used by the City for repairs or cleanup made to the park. Any remaining portions of the deposit may be refunded back to the Applicant. The refundable deposit shall accompany this Application and is required prior to the City of Madison Parks Division approval for this Temporary Land Use Permit. Provide a check in the amount of $500.00, payable to the City Treasurer, along with the signed Temporary Land Use Permit to the City of Madison Parks Division at 210 Martin Luther King Jr. Blvd, Room 104, Madison, WI.
The Applicant shall contact Laura Bauer at 608-334-8870 a minimum of 48 hours (2 working days) in advance of performing any work related to this use. The Tree Work shall only begin upon written or verbal approval by the Madison Parks Division.
Upon completion of the Tree Work, a post inspection of the property will be conducted. If the post conditions are obscured by snow or ice the inspection will be delayed until the ground is visible. At the time of the post inspection, the City of Madison Parks Division will make a determination if any restoration or clean up will be required.
The City of Madison reserves the right to use and occupy the Property in a manner consistent with the rights conveyed herein, provided that such use and occupancy shall not interfere with or disturb the activities and/or use of the Applicant.
Applicant shall comply with all applicable laws, ordinances and regulations related to environmental pollution or contamination, or to occupational health and safety.
The Applicant 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 there from, 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 Applicant and/or its officials, officers, agents, employees, assigns, guests, invitees, or subcontractors, 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. Additionally, the Applicant shall carry commercial general liability insurance covering as insured the Applicant and naming the City as an additional insured, with no less than the following limits of liability: bodily injury, death and property damage of $1,000,000 in the aggregate. This policy shall also be endorsed for contractual liability in the same amount. As evidence of this coverage, the Applicant shall furnish the City a certificate of insurance on a form provided by the City prior to this use approval.
This Temporary Land Use Permit shall terminate upon completion of the Applicant’s Tree Work or by November 15, 2018, whichever is sooner.