Irrevocable License — 902 Main St. Copyrighted
May 20, 2024
City of Dubuque Consent Items # 017.
City Council Meeting
ITEM TITLE: Irrevocable License— 902 Main St.
SUM MARY: City Manager recommending City Council approve the request for an
irrevocable license for FEH Realty, LLC at 902 Main Street to encroach
in the public right of way as described in the irrevocable license.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Irrevocable License FEH Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Irrevocable License — 902 Main St.
DATE: May 14, 2024
City Engineer Gus Psihoyos is recommending City Council approve the request for an
irrevocable license for FEH Realty, LLC at 902 Main Street to encroach in the public
right of way as described in the irrevocable license.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS/PE
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Irrevocable License — 902 Main St.
DATE: May 14, 2024
INTRODUCTION
This is in response to a request from FEH Realty, LLC for the renovation and expansion
of 902 Main Street that will include four bay windows of different sizes, two entry canopies
and a building footprint that will encroach on City right of way on Main Street and gtn
Street.
BACKGROUND
An irrevocable or revocable license is required when property owners request to encroach
upon the public right of way. Examples of encroachments upon the public right of way
can include planters, benches, fences, steps, awnings, windows, buildings, earthen
embankments, ADA ramps, loading docks, private utilities, bollards, and sprinkler
systems.
DISCUSSION
FEH Realty, LLC is requesting the approval of an irrevocable license to encroach on the
public right of way. The encroachments of four bay windows two with a headroom
clearance of 13'-0" and two with headroom clearance of 8'-0". The front entry canopy
allows for 13'-0" headroom clearance and the alley door canopy allow for 8'-0" headroom
clearance. All clearances comply with the minimum requirement of 8'-0". The
encroachments are shown on the survey exhibit provided by Buesing & Associates and
attached to the application.
Through this Irrevocable License process the encroachment is now recognized by the
new owners who assume all terms and conditions as defined in the license.
All documents have been received from 1840 LLC. including an exhibit, irrevocable
license, insurance, license fee. The Engineering Department and Building Services have
reviewed and approved the request for the continued operation of this encroachment.
RECOMMENDATION
It is recommended that the request for an irrevocable license for FEH Realty, LLC at 902
Main Street to encroach in the public right of way as described in the irrevocable license
be approved.
BUDGET IMPACT
The application fee of $650 has been received and will be receipted as part of the public
license revenue.
ACTION TO BE TAKEN
It is recommended that the attached irrevocable license for FEH Realty, LLC of 902 Main
Street be approved.
Attch.
cc: Nate Kieffer, PLS/PE
F:\JANE SMITH\ROW\ROWENCR\LICENSE REQUEST\2024/902 Main St
2
Doc ID: 011223980008 Type: GEN
Kind: MISCELLANEOUS
Recorded: 05/22/2024 at 10:50:58 AM
Fee Amt: $42.00 Paqe i of 8
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00004408
Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270)
Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270)
IRREVOCABLE LICENSE
AUTHORIZING FEH Realty, L.L.C.
TO CONSTRUCT_ ay windows and entry canopies
ON PUBLIC RIGHT-OF-WAY
Section 1. FEH Realty, L.L.C.
(Licensee), known as 902 Main Street
as the owner of the premises,
_ in Dubuque, Iowa, and legally
described as north half of the south forty feet of lot 33 & south 20' of lot 33 in the City of Dubuque b
e
Section 2. The permission herein granted is expressly conditioned on
Licensee's agreement to:
a) Assume any and all liability for damages to persons or property which may
result from the existence, location, installation, construction or maintenance of
said Encroachment;
b) Procure and maintain in force during the term of this License a policy of liability
insurance as set forth in the attached Insurance Schedule;
c) Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall
become obligated to pay by reason of the liability imposed upon the City of
Dubuque for damages of any kind resulting from the location, installation,
existence, construction or maintenance of said Encroachment sustained by any
person or persons, caused by accident or otherwise to defend at its own
expense and on behalf of said City any claim against the City of Dubuque
arising out of the location, installation, existence, construction or maintenance
of Encroachment and to pay reasonable attorney fees therefor; and
I
d) Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, including but not limited to damages, loss, liability and expense
for death and/or injuries to third persons or damages to property of third
persons, or for damage to any property of the City of Dubuque which may
occur as a result of or in connection with the location, installation, existence,
construction, maintenance and repair of Encroachment.
e) Any special conditions as set forth for this License as identified:
Section 3. The Encroachment shall be maintained in accordance with all
applicable state and federal laws and regulations, and the Ordinances of the City of
Dubuque.
Section 4. Licensee covenants and agrees that the Irrevocable License herein
granted does not constitute an approval of the design, erection, location, construction,
repair or maintenance of said Encroachment and Licensee hereby covenants and agrees
not to assert such claim or defense against the City of Dubuque in the event of claim
asserted for death, personal injuries and/or property damage against Licensee arising out
of or in any way connected with the location, installation, construction, design, repair and
maintenance of -the Encroachment.
Section 5. This Irrevocable License shall become effective and the rights
hereunder accrue to Licensee when this License has been approved by the City Council
and the terms and conditions thereof accepted by Licensee by acceptance endorsed on
this License. This Irrevocable License is not assignable or transferable to another
location. This license is for this property only.
Section 6. The City Clerk is authorized and directed to file at Licensee's
expense a copy of this License in the Office of the Recorder in and for Dubuque County,
Iowa. '
Section 7. Iowa One -Call registration may be required by the Code of Iowa.
When applicable Licensee shall submit documentation to the City Engineer of Iowa One -
Call registration membership.
Signed this 31 day of
Attest:
Adrienne N. Breitfelder, City Clerk
Ric W. Jones, Mayor Pro Tem
State of Iowa )
) ss:
County of Dubuque )
On this day of Onay diU, , before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Brad M. Goveigagh and
Adrienne N. Breitfelder, to me personally known, who, being by me duly sworn, did say
that they are the Mayef and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation, that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council on the a day of (flay ,
ao ay , and Brad M. Gavemagh and Adrienne N. Breitfelder acknowledged the
execution of the instrument to be their voluntary act and deed.
,�* y TUSDEE LYNN sLUS
00001191" Nr ���� JNotary Public in and for said State
.a.. 1MyC"un.EXpUM
'Ric W. Jones
'�'� Mayor Pro Tem`
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, beinq dulv authorized to execute this Acceptance on behalf of
FEH Realty, L.L.C. , and having read and being familiar with the
terms and conditions of the Irrevocable License, for itself and, its successors, accepts the
same and agrees to be bound by the terms and conditions herein contained.
LIC�!���L�
Signature
By:
Kevin J. Eipperle, AIA
Title: President
Dated: �I laca�i
Signature requires notary
'' `• SARAH LYNN TROWBRIDGE
r COMMI&SIon N! 7 1453
• owG My Comm. Exp.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this 14-b day of , 20HI before me, the undersigned, a Notary
Public in and for said State, persona II y appeared -
(NAME/S) to me personally known, OR proved to me on th6lbasis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted,
executed the instrument. I—,
(Notary Seal)
�`AL SARAH LYNN TROWBRIDGE
Commission Num r 13
My Comm. Exp.
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S) President (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
FEH Realty, L.L.C.
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SIOUX CITY / DES MOINES / DUBUQUE / MILWAUKEE
2024-4-15
Gus Psihoyos, City Engineer
City Hall, City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
RE: Letter of request for License
FEH Realty, L.L.C.
Dear Gus Psihoyos,
FEH Realty, LLC is applying for an Irrevocable License for renovation and expansion of 902 Main Street that
include four bay windows of different sizes and two small entry door canopies that extend above city property.
Two of the bay windows are on the west (Main Street) and south (nineth street) walls of a second story addition
and two smaller ones are on the east (alley) and south (nineth street) walls of the main level at the back above
the lower -level walkout alley and sidewalk.
West bay window allows headroom clearance of 13'-0". The front entry canopy allows headroom clearance of
13'-0". The southwest bay window allows headroom clearance of 13'-0". The southeast bay window allows
headroom clearance of 8'-0". The east bay window allows headroom clearance of 8'-0". The alley door canopy
allows headroom clearance of 8'-0". All the clearances comply with the minimum requirement of 8'-0".
Many nearby buildings have bay windows and canopies that extend as much as 10' into the city property. These
are done to add character and provide protection from the elements.
The following exhibits are attached.
1. License application
2. Certificate of Insurance
3. Exhibit site plan of property showing existing and proposed encroachments.
4. License fee payment
Sincerely,
FEH Realty, L.L.C.
Kevin J. Eipperle, AIA
Architect, President
Enclosed: application, COI, site plan, fee payment
CC:
951 MAIN 563 583 4900 P
FEH DESIGN
DUBUQUE, Iowa szool Page 1 of 1
A� O
® CERTIFICATE OF LIABILITY INSURANCE
DATE / Y)
024
04/15/15/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Amy Davis
NAME:
Mills-Shellhammer-Puetz & Associates
AHOIC,NNo, Ext : (712) 258-2580 ac No : (712) 258-2184
EMAIL amydavis@mspinsurance.com
ADDRESS:
117 Pierce Street Suite 200
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A : Employers Mutual Casualty Company
21415
Sioux City IA 51101
INSURED
INSURER B : EMCASCO Insurance Company
21407
INSURER C :
FEH ASSOCIATES, INC (DBA) FEH DESIGN
INSURER D :
1201 4TH ST STE 201
INSURER E :
INSURERF:
SIOUX CITY IA 51101-2139
rnVFRAC:FR CERTIFICATE NUMBER: CL23122107212 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
MM/POLICY DEFF
POLICY DY EXP
LIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE X OCCUR
DAMAGE500,000
PREMISES Ea occurrence
$
MED EXP (Any one person)
$ 10,000
A
Y
Y
6D14521
01/01/2024
01/01/2025
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
POLICY ❑ jE O LOC
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
B
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
X AUTOS ONLY HAUTOS ONLY
6E14521
01/01/2024
01/01/2025
PROPERTY DAMAGE
Per accident
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$ 5,000,000
A
EXCESS LIAB
CLAIMS MADE
Y
Y
6J14521
01/01/2024
01/01/2025
AGGREGATE
$ 5,000,000
DED I X1 RETENTION $ 101000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE E
OFFICER/MEMBER EXCLUDED.
(Mandatory in NH)
N/A
Y
6H14521
01/01/2024
01/01/2025
X1 STATUTE EORH
E.L. EACH ACCIDENT
1,000,000
$
E.L. DISEASE - EA EMPLOYEE
1,000,000
$
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below --
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers are an Additional Insured regarding the General Liability on a primary and non-contributory basis including
ongoing operations when a written contact is in place. Additional Insured included under the Umbrella when a written contract is in place. Waiver of
Subrogation in favor of the certificate holder under the General Liability, Umbrella & Workers Compensation policies when a written contract is in place.
30-Day Notice of Cancellation added in favor of the Certificate Holder.
I+COT!MI A= unr n= rANrFI I ATInN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Dubuque
City Engineering
AUTHORIZED REPRESENTATIVE
50 West 13th Street
Dubuque IA 52001
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