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2408 Central, Roof Over. J.MaroCITY OF DUBUQUE, IOWA MEMORANDUM August 1, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Construction Ordinance - Roof Overhang Public Works Director Mike Koch is recommending approval of the request from Jerry Maro for placement of a roof overhang within the City right-of-way at 2408 Central. 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 CITY OF DUBUQUE, IOWA MEMORANDUM July 30, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Construction Ordinance - Roof Overhang INTRODUCTION This is in response to a July 19, 2001 request from Jerry Marc for placement of a roof overhang within the public right-of-way. DISCUSSION Jerry Marc is in the process of improving the exterior of his building at 2408 Central and is requesting consideration of placement of a roof overhang on the front of the building. The overhang is anticipated to extend out into the right-of- way 36" and be 8'3" above the walk with the roofing materials to be wood or asphalt shingles. All proper documentation has been submitted, which includes the completed construction ordinance, letter of request, drawings and certificate of insurance naming the City as an additional insured. The Engineering Division and the Building Safety Department have approved the plans. RECOMMENDATION The attached construction ordinance provides for a revocable permit and further requires Jerry Marc to assume all liability, defend the City, and hold the City harmless of any claims that may result from the construction and installation of the roof overhang 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 construction and installation of the roof overhang in 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 520014864 ORDINANCE NO. 50-01 AN ORDINANCE AUTHORIZING JERRY MARO TO CONSTRUCT A ROOF OVERHANG NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Jerry Maro as the owner of the premises known as Style Expressions, and legally described as S ~ L 2-171 and Lot 1-2-1-171 L.H. Langworthy's Addition, City of Dubuque, Dubuque County, Iowa, be and they are hereby granted the revocable permit and authority to construct and maintain a roof overhang 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 expressly 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 overhang; 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, 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 overhang 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 a overhang 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 permittees' 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 overhang and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said overhang 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 overhang. 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 Jerry Maro 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-Call 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 6th day of August 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 50 -O1 The undersigned having read and being familiar with the terms and conditions of Ordinance No. 50-01, 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: /s/ Jerry Maro Title: Owner Dated: 7-19-01 July 23,2001 Mayor Terry Dnggan Dnbnque City Council RE: Request for ordiance to bnild overhan(_~ Attached is the forms and a s~etch/drawin(3 of the overhan(3 that my wife and I would like to install at 24o8 Central, a building that we recently purchased, so the beauty shop that my wife has been employed at fo]: thirty years would remain in business.Since the building conld use a exterior face lift, we are asking that you approve this ordiance so we can receive the necessary permits to do this improve- ment.We wonld like to do onr part in making onr property more attractive on the outside and hopefully improve busi= ness and profits in exchange for onr imvestment We reqnest your approval of this project and thank yon in advance for yonr consideration in this regard. Sincerely, /s/ Janet Maro /s/ Jerry Maro ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (M rC~DD~YY) 07-18-01 PRODUCER INSURED Oberbroeckling Ins 3400 Asbury Rd. Dubuque IA 52002 Janelda Mare DBA Style Expression 2408 Central Ave. Dubuque IA 52002 I COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFI(~ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEITOW. INSURERS AFFORDING COVERAGE GRINNELL INS. GRINNELL IOWA 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF~UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI J POLICY EFFECTIVE POLICYDATE ~MMJDD/yyIEXPIRATION LIMITS LTR TYPE OF INSURANCE ~ POLICY NUMBER ~ DATE ~MM/DD/YY1 GENERAL L,^B~L,~ ~ EACH OCCURRENCE i $ 1,000 i 000 X} COMMERDIALGENERALLIABIMTY 214355 106'18-01 06-18-02 FIREDAMAGB(Anyonefile) iS 50;000 IDLAIMSMADE []OCCUR ~' MEDEXP(Anyoneperson) i$ 5]000 J PERSONALaADVlNJURY $ 1,000 000 · GENERAL ASSRESATE ~ 2, 000, U 00 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP/DP AGG $ 2 ~, 0 0 0 ~ 0 0 0 IPoLIcY PB°-JEoT LOO AUTO~OI~ILE LIABE-I'~ COMBINED BINGLE LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) I $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERq~ DAMAGE i {Per accident) $ GARAGELIABILI'rY AUTOONLY- EAACCIDENT i $ ANY AUTO OTHERTHAN RAACO I $ AUTO ONLY: AGG]$ EXDESS LIABILITY EACH OCCURRENCE $ I OCCUR [~ C[JklMS MADE AGGREGATE $I $ DEDUCTIBLE $ I Additional Insured on the policy, City of Dubuque i CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION I City of Dubuque SHOULDANYOFTHEABOVEDESCRJBEDPOLiCIESJBECANCELLEDBEFORB:i'HEEXP[(p[~ATIONATION City Hall DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSW~ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Dubuque IA 52001 REPRESENTATIVE " © ACORD ACORD 25-S (7/97) 11988