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Cooper Wagon W Bldg ROWMEMORANDUM October 9, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Irrevocable License for Cooper Wagon Works Building An Irrevocable License has been requested by Cooper Development Co., L.L.C. to construct and maintain a handicap ramp on public right-of-way for the Cooper Wagon Works Building located at 299 Main Street, which is being developed as a mixed-use facility to include a restaurant and bar. 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. 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 October 9, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Mike Koch, Public Works Director Irrevocable License for Cooper Wagon Works Building INTRODUCTION The purpose of this memorandum is to request City Council approval of an Irrevocable License for the Cooper Wagon Works Building. DISCUSSION Recently the City Council approved an agreement with Cooper Development Co. L.L.C. to develop the Cooper Wagon Works Building located at 299 Main Street as a mixed-use facility to include a restaurant and bar. In reviewing the site plan for the development, it was determined that an encroachment into the public right-of- way was necessary to provide for handicap accessibility. The proposed design (Attachment A) was reviewed and approved by the Historic Preservation Commission. The developer has requested that the City of Dubuque grant an Irrevocable License to allow the encroachment of this ramp on the public right-of- way. 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 Cooper Development Co. L.L.C. to construct and maintain a handicap ramp on public right-of-way. The License includes the City's standard indemnity language and insurance language, and has been reviewed and approved by Corporation Counsel. ACTION The requested action is for City Council to approve the License and authorize the Mayor to execute the License. MAK~d LICENSE AUTHORIZING COOPER DEVELOPMENT CO. L.L.C TO MAINTAIN HANDICAP RAMP AND RAILING ON PUBLIC RIGHT OF WAY Section 1. Cooper Development Co. L.L.C. (CDC) as the owner of the premises known as 299 Main Street (Cooper Building) in Dubuque, Iowa, and legally described as W 64.3' CL 73, be and is hereby granted an irrevocable permit and authority to maintain handicap ramp and railing (see Attachment A for location) under the terms and conditions set forth in this License. Section 2. The permission herein granted is expressly conditioned on CDC'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 handicap ramp and railing; and Procure and maintain in force dudng 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 handicap ramp and railing 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 handicap ramp and railing 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 handicap ramp and railing. Section 3. That handicap ramp and railing shall be maintained in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 4. CDC 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 CDC 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 CDC arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the handicap ramp and railing. Section 5. This License shall become effective and the rights hereunder accrue to CDC when this License has been approved by the City Council and the terms and conditions thereof accepted by CDC by acceptance endorsed on this License. Section 6. That the City Clerk be and she is authorized and directed to file at permit-tees' expense a copy of this License in the Office of the Recorder in and for Dubuque County, Iowa. Signed this 15th day of October, 2001. /s/ Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk Terr~nce M. Duggan,~,~ ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of CDC, and having read and being familiar with the terms and conditions of License No. -01, hereby, for CDC, its successors or assigns, accepts the same and agree to be bound by the terms and conditions therein contained to be performed by Cooper Development Co. EEC. (CDC). COOPER DEVELOPMENT CO. L.L.C. By: /s/ Scott A. Neuwoehner Title: President & CEO Dated: 10/15/01 6~ 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. All insurers shall have a rating of A 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 required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions 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 Finance Director.) All 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 each 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: $1,000,000 COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $ 2,000,000 $1,000,000 $1,000,000 $1.000,000 $ 50,000 $ 5,000 Commercial general liability shall be wdtten on an occurrence form, not a claims made .form. Coverage to include 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. POLICY NUMBER: COMMERCIAL GF..NERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON DE ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UARILITY C~VERAGE PART, SCHEDULE Name of Person or Organiz~on: ~he Ct:y of Dubuque, includi~; alt £:s elected and appotn=ed offfcia~s, al!, t=s eaployees a=d volunteers, ali t=s boards, co~ssione a/or author±T/es and their board members, employees, and volunteers. :I {If no entry appears above, information required to complete this endorsement will be shown in t~e Declarations as applicable to this endorsement.) WHO 15 AN INSURED {Section II) is amended to include as an insured the person or organization shown in the ~chedule as an insured but only with respect to liai=/lity arising out or'your operations or premises owned by or rented to you. CG 20 2S 11 85 q CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nenw~iver of Gnvergment~l Immunity, The insurance carrier 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. ~ The insurance carder 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, As.~P. rfi~3n r)f ~overnmP. nt Imml~nity, The City of Dubuque, Iowa shall 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-DP. ni~l of Covem? The insurance carrier shall not deny coverage under this policy 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 of 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. No Oth~.r Change. in Policy The above preservation of governmenial immunities shall not otherwise change or alter the coverage available under the pollcy.