Canopy, Hartig Drg 2225 CentralCITY OF DUBUQUE, IOWA
MEMORANDUM
June 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Construction Ordinance - Hartig Drug Co.
2225 Central Avenue
Public Works Director Mike Koch is recommending approval of the request from Hartig
Drug Co. to install a canopy within the City right-of-way at 2225 Central Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 6, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Construction Ordinance - Hartig Drug Co.
2225 Central Avenue
INTRODUCTION
This is in response to a request from Hartig Drug Co., 2225 Central Avenue, to install a
canopy within the City right-of-way.
DISCUSSION
Hartig Realty IV, L.C./Hartig Drug Company is in the process of remodeling and adding
to its existing building at 2225 Central. The company has requested permission to
replace the existing canopy with a new canopy that will extend the full length of the
building.
The canopy is to be constructed 13 feet 11 inches above the sidewalk and extend 6 feet
into the public right-of-way. All proper documentation has been submitted which
includes the completed construction ordinance, letter of request, drawings and
certificate of insurance and all have been reviewed by the Engineering Division and
Building Safety.
RECOMMENDATION
The ordinance provides for a revocable permit and further requires Hartig Realty IV,
L.C. to assume all liability, defend the City, and hold the City harmless of any claims,
which may result from the installation of the canopy within the City right-of-way.
ACTION TO BE TAKEN
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the installation of the canopy in the public right-of-way.
MAK/vjd
Prepared by Jane Smith, Engineering Assistant
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. '13~' Street, Dubuque, iA 52001-4864
ORDINANCE NO. 39-01
AN ORDINANCE AUTHORIZING HARTIG REALTY IV, L.C. TO
CONSTRUCT A CANOPY AT 2225 CENTRAL AVENUE, DUBUQUE,
IOWA
NOW THEREFORE, BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Hartig Realty IV, L.C. as the owner of the premises known as
2225 Central Avenue, Dubuque, Iowa, and legally described as 2225 Central
Avenue, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted
the revocable permit and authority to construct and maintain a canopy under the
terms and conditions set forth in this Ordinance.
Section 2. That such construction shall be done in accordance with plans
heretofore submitted by permittees and .approved by the City Manager, under the
supervision and direction of the City Manager, and in accordance with all applicable
state and federal laws and regulations, and the Ordinances of the City of Dubuque.
Section 3. That the permission herein granted is e×pressly conditioned on
permittees' agreement to:
Assume any and all liability for damages to persons or property which
may result from the existence, location, installation, construction or
maintenance of said canopy; and
Procure and maintain in force during the term of this permit a policy of
liability insurance as set forth in the attached insurance Schedule; and
Pay on behalf of the City of Dubuque, a~t 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 canopy sustained by any person or persons, caused by accident
or otherwise to defend at its own expense and on behatf of said City
any claim against the City of Dubuque arising out of the location,
installation, existence, construction or maintenance of a canopy and to
pay reasonable attorney fees therefor; and
Indemnify, defend and hold the City of Dubuque free and harmless from
any and all claims, 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 the facility, work or improvement permitted
herein.
Section 4. That the permission herein granted is expressly conditioned upon
permit-tees' further agreement that should the right and privilege herein granted be
rescinded or revoked by the City Council, permittees, or their successors in interest,
as owners of the abutting property, shall within ten (10) days after receipt of written
notice from the City Manager, so to do, at their own expense, remove said canopy
and in the event of their failure to do so, the City of Dubuque shall be authorized to
remove said canopy at permittees' expense and dispose of the same, and the
permittees shall have no claim against the City or its agents for damages resulting
from the removal of said canopy.
Section 5. That permittees covenant and agree that the revocable permit
herein granted does not constitute an approval of the design, erection, location,
construction, repair or maintenance of said facility and said permittees hereby
covenant and agree 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 the permittees arising out of or in any way connected with the location,
installation, construction, design, repair and maintenance of the facility herein
permitted.
Section 6. This Ordinance shall become effective and the rights hereunder
accrue to Hartig Realty IV, L.C. when this Ordinance has been adopted by the City
Council and the terms and conditions thereof accepted by permittees by acceptance
endorsed on this Ordinance.
Section 7. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Section 8. Iowa One-Calf registration is required by State Law and can be
accomplished by calling 1-800-292-8989 and asking for Sharon Deyo. Submit
documentation to the City Engineering Division of One-Call membership when
received.
Passed, approved and adopted this 18th day of June, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 39-01
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 39-O1, hereby, for themselves~ their successors or assigns,
as owners of the abutting property, accept the same and agree to be bound by the
conditions and agreements therein contained to be performed by permittees.
By: D Hartig
(Dick or Dave?? Hartig)
Title: Manager
Dated: 5-28-01
May 24, 2001
~A¥ 3 l 200t
ArchiJ;mc ; , f=.C.
To Whom it May Concern:
We are requesting a Construction Ordinance for a canopy on HarUg Drug Store at 2225
Central Ave.
The building design incorporates an approximately 6'-0" canopy. The canopy will extend
from the face of the building out and over the sidewalk towards Central Avenue. The work
entails removing an existing canopy and replacing it with a new one the full length of the
building.
Please refer to the Engineering Division for site and detail drawing.
Thank you.
STRAKA JOHNSON ARCHITECTS, PC
Kevin Barber
KB:jsm
PID R6 I 06/25/01
ACORD. CERTIFICATE OF LIABILITY INSURANC 1 B^ M,DO
PRODUCER
Cottingham & Butler, Inc.
300 Security Building
Dubuque IA 52001
Phone: 319-587-5000 Fax: 319-583-7339
Harti~ Drug Con~any
P. O. Box 709
Dubuque IA 52004~0709
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOTAMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Travelers Indemnity Group
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IVlAY BE ISSUED OR
MAY PERT/MN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECtiVE POLICY EXPIRATION
EEOF'NSURANOE I POL'~NUMBER BATE(MM/DDPP0 DATE(MMV}Bm0 I LIMITS
GENERAL LIASILITY EACH OCCURRENCE $ 10 0 0 0 0 0
A X COMMERCIALGENERALLIABIMTY 680-418H21A5 10/01/00 10/01/01 FIREDAMAGE(Anyonefire)$ 300000
I CLAIMSMADE [~ OCCUR MEDED(P (Anyone pe~on) $ exclucl.ed
X Dru_ggists Liabili PERSONAL&ABVINJURY $1000000
GENERAL AGGREGATE $ 2000000
SEML AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG I S 2000000
AUTOMOBILE LIABILFFY I COMBINED SINGLE LIMIT $
ALL OWNED AUTOS BODILY INJURY
-- SCHEDULED AUTOS (Per person) = S
__ HIRED AUTOS EODiLYiNJURY $
NON-OWNED AUTOS I (per accident)
DAMAGE
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
I ANY AUTO OTHER THAN EA ACC
AUTO
ONLY:
EXCESS LIA BIL]T~ EACH OCCURRENCE
$
A Property 680-418H21A5 10/01/00 10/01/01 $250 Deductible
DESCRIPTION OF OpERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
~ne a~o~e cert~£ieate holder is ~a~ed additional iAsuzed ~£t~ respect to the
co~st~ot±o~ ordinance at 22nd Central Sto=e £or a canopy
CERTIFICATE HOLDER I Y I ADDITIONALINSURED INSURER LETTER: __ CANCELLATION
City of Dubuque
50 W 13th St
Dubuque IA 52001
AOORD 26-S (7/97)
CIDUIA7
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE q~4E
EXPIRA~ON DATE THEREOF, THE ISSUING INSURER W~LL ENDEAVOR TO MAIL
10 DAYS WRI~EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFI, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILrF¢ OF
"ACORD CORPORATION 1988
06-OD-200iL 10:4DAlai FREl~l 5-'qFRAKA JOHNSON ARCHITECT TO 5;894149 P.01
r 1
TOTAL P.O1