Cornerstone Apts - Iowa Inn ROWMEMORANDUM
October 9, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Irrevocable License for Cornerstone Apartments
An Irrevocable License has been requested by MetroPlains Development, the developer
of the Iowa Inn facility, to encroach on the public right-of-way for an existing fire escape
and an existing set of steps. The developer has requested an Irrevocable License to
allow these two encroachments to continue. Public Works Director Mike Koch
recommends that the Irrevocable License be granted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 9, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A, Koch, Public Works Director
Irrevocable License for Cornerstone Apartments
INTRODUCTION
The purpose of this memorandum is to request City Council approval of an
Irrevocable License for the Cornerstone Apartments.
DISCUSSION
In May, 2000, City Council approved an agreement with MetroPlains Development
to develop the Iowa Inn facility into 33 housing units. This agreement was
amended on March 5, 2001. MetroPlains has established this project as MDI
Limited Partnership #47.
In reviewing the site plan for the development (note attachment), it was determined
that there are two areas of encroachment into the public right-of-way. These
encroachments are one existing fire escape (Item A on attachment) and one
existing set of steps (Item D on attachment). (Note: Items B, C, E on the
attachment are being removed.) The developer has requested that the City of
Dubuque grant an Irrevocable License to allow these two encroachments to
continue. The fire escape serves as an emergency means of egress from the
facility. While the City Manager is authorized to sign Revocable Licenses,
Irrevocable Licenses must still be authorized by the City Council.
Attached is the License authorizing MDI Limited Partnership #47 to maintain the
existing steps and fire escape on public right-of-way. The License includes the
City's standard indemnity and insurance language, and has been reviewed and
approved by Corporation Counsel.
ACTION TO BE TAKEN
The requested action is for City Council to approve the License and authorize the
Mayor to execute the License.
cc: David Harris, Housing and Community Development
LICENSE AUTHORIZING MDI LIMITED PARTNERSHIP #47 TO
MAINTAIN ONE EXISTING SET OF STEPS AND ONE FIRE ESCAPE
ON PUBLIC RIGHT-OF-WAY
Section 1. MDI Limited Partnership #47 (MDI) as the owner of the promises
known as Cornerstone Apartments in Dubuque, Iowa, and legally described as South %
of Lot 167, Lot 168 and Lot 168A, in the City of Dubuque, Iowa accordin,q to the United
States Commissioners Map theroof, be and is heroby granted an irrovocable permit and
authority to maintain one set of existing steps and one existing firo escape (see
attachment for location/s) under the terms and conditions set forth in this License.
Section 2. The permission herein granted is expressly conditioned on MDI's
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 one set of existing steps and one existing fire escape;
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 one set of
existing steps and one existing fire escape 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
one set of existing steps and one existing fire escape 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 injudes 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 one set of existing steps and one existing
fire escape.
Section 3. That one set of existing steps and one existing fire escape shall be
maintained in accordance with all applicable state and federal laws and regulations, and
the Ordinances of the City of Dubuque.
Section 4. MDI covenants and agrees that the irrevocable permit herein granted
does not constitute an approval of the design, erection, location, construction, repair or
maintenance of said facility and MDI 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 MDI arising out of or in any way
connected with the location, installation, construction, design, repair and maintenance of
the one set of existin,q steps and one existin,q fire escape.
Section 5. This License shall become effective and the dghts hereunder accrue
to MDI when this License has been approved by the City Council and the terms and
conditions thereof accepted by MDI by acceptance endorsed on this License.
Section 6. That the City Clerk be and she is authorized and directed to file at
permittees' expense a copy of this License in the Office of the Recorder in and for
Dubuque County, Iowa.
Signed this 15th day of Octobe, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
~ 'OST. IO. 2001
9:57AM
31958B1758
CITY OF DBQ-ENG DIV N0. t829 P. 3
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
MDI, and having read and being familiar with the terms and conditions of License No.
-01, hereby, for MDI, its successors or assigns, accepts the same and agree to be
bound by the terms and conditions therein contained to be performed by MDI.
MDI LIMITED PARTNERSHIP #47
METROPLAINS PROPERTIES, INC,, GENERAL PARTNER
Title: BY: GARY L, STENSON, ViCE PRESIDENT/SECRETARY
1.
INSURANCE SCHEDULE B
iNSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS
OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE
· All policies of insurance required hereunder shall be with an insurer authorized to
do business in Iowa. AIl insurers shall have a rating ora or better in the current
A.M. Best Rating Guide.
All policies of insurance required hereunder shall be endorsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
prior to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of insurance.
Contractor shall furnish Certificates of insurance to the City of Dubuque, Iowa for
the coverage required in Paragraph 7. Such certificates shall include copies of
the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the
policy. The contractor shall also be raquirad to provide Certificates of Insurance
of all subcontractors, and all subcontractors who perform work or services
pursuant to the previsions of this contract, Said certificates shall meet the same
insurance requirements as are required of the contractor.
Each Certificate of Insurance shall be submitted to the contracting department in
the City of Dubuque, Iowa prior to commencement of work/service. (The
contracting department shall submit the certificate to the Fin.anco Director.)
Ail policies of insurance required in Paragraph 7 shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026)
and the attached Governmental Immunities Endorsement.
Failure to provide evidence of minimum coverage shall not be deemed a waiver
of these requirements by the City of Dubuque. A contractor's failure to obtain or
maintain insurance required by this agreement shall be considered a material
breach of this agreement.
Contractor, subcontractors, and all sub-subcontractors shall be required to carry
the following minimum insurance coverages or greater if required by law or other
legal agreement:
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
The limit of coverage for employer's liability shall be at least $100,000 each
accident, $100,000 ea~;h employee by disease, and $500,000 policy limit for
bodily injury by disease.
Policy shall include an endorsement waiving right of recovery against City of
Dubuque, Iowa.
AUTOMOBILE LIABILITY':
Bodily injury and property damage limit of liability:
COMMERCIAL GENERAL LIABILITY:
$1,000,000
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$ 2,000,OO0
$1,000,000
$1,000,000
$1,000,000
$ 5O,000
$ 5,000
Commercial general liability shall be wdtten on an occurrence form, not a claims
made form. Coverage to ihclude premises-operations-products-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
UMBRELLA OR EXCESS LIABILITY:
BONDS:
Bid and performance, license, surety
* To be determined on a case by case by Finance Director.
POL/cY NUMBER: COMMERCIAL GF-~ERAL L.[ABIU"P~
THiS ENI~ORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFLILLY.
ADDITIONAL INSURED . DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance I=r~vided under the t'of[owing:
COMMERCZAL GE.NEpAL LJASIL TY COVERAGE PART,
~CHEDULE
Name of PersQn or Organization:
The Cil:7 o~ D~buqu,., Inc.Luc[ing aLT. il:s elected and api~of.~ced
~' l~:s eaployees ~ud vol~uteers, GZ~. lcs boards, co~ssicns a~d/or
~Chori=ise az~ ~he~r board members, employees, and vol,,~eera.
(It' no entry appears above, information required to complete this endomement will be sh,~wn in the
Declarations as appJicabJe to this endomement.)
WHO IS AN INSURED (Sectfon JJ) Js amended to include as an insured the 1=ersan or organization show~
[n tile Schedule as an insured but only with respect to Iiat~ility arising out of your operations or premises
owned by or rented to you.
CG2028~I~
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. N~nw~iv~_r c~f C~r)vernm~nlwl Imrn~ni~. The insurance carder expressly agrees and
states that the pumhase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended form time to time.
CJaJa32.C,~zag~ The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to' the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
Ass~rtien r)f ~nvernm~.nt Imm;~nity' The City of Dubuque, iowa shalJ be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
Non-D~.ni;I of Cnver;_n~,L The insurance carrier shall not deny coverage under this
po]icy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, iowa under this policy for raasons ol= governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
N~ Other Ch~n?. in P~licy~ The above preservation of governmenial immunities shall
not otherwise change or alter the coverage available under the
LOT 166
NORTH HALF LOT 167
1!4.00' ~}3.65')
SNOW COVERED AT
SOUTH HAI,F LOT 167 ~E o~ SURVEY o
! 14.00' ~(113.72') ¢ mE mo~w
WEST NINTFI STREET
TATEMENT OF ENCROACHMENTS
~d THE FIRE ESCAPE ENCROACHES WESTERLY OVER THE PROPERTY LiNE BY 4.9 FT.
WITHOUT ANY KNOWN PERMISS!BLE RIGHT.
~ THE FiRE F ~
-SCAP~ ENCROACHES EAS~L~RLY OVER THE PROPERTY LINE BY
WITHOUT ANY KNOW PERMISSIBLE R,,~H
~LC.C.~[ THE FiRE ESCAPE ENCROACHES ~ ~T
~A~ ,_RL, OVER TH~. PROPERTY L~NE BY 4.2 FT.
WITHOUT ANY KNO~ PERMISSIBLE RIGHT.
.~ THE PCC STEPS ENCROACH SOUTHERLY OVER THE PROPERTY LiNE 8Y 3JO FT.
ON THE WEST AND EAST WTHOUT ANY KNOWN PERMISSIBLE RIGHT
~ THE SiGN q ' ~ ~v
ENCROACHES
~OU~HER~ OVER THE PROPERTY LiNE BY 5.3 FT.
WITHOUT ANY KNO~ PERMISS',BLE RIGHT.