2900 Jackson ROW Lic - Swift, CMEMORANDUM
August14,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Irrevocable License - Stairway Enclosure (Carole A. Swift)
Carole A. Swift, 2900 Jackson, has requested approval of an enclosure of existing
exterior stairway on the 29th Street side of her building. The existing steps were
replaced in 1994, and the owner now desires to enclose the open steps for safety and
health reasons.
Public Works Director Mike Koch recommends approval of the encroachment request
by Carole A. Swift and approval of the License.
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
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 13, 2002
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director [~ ~,~&)
Irrevocable License - Stairway Enclosure (Carole A. Swift)
INTRODUCTION
This is in response to a request from Carole A. Swift, 2900 Jackson, for approval of an
enclosure of existing exterior stairway on the 29th Street side of her building. The
existing steps were replaced in 1994, and the owner now desires to enclose the open
steps.
DISCUSSION
Carole A. Swift is requesting the enclosure for safety and healthy reasons. Ms. Swift
lives above her beauty shop business in the second floor apartment. The existing steps
are slippery when wet and wintry conditions make them hazardous. When de-icing
materials have been used on the steps, the electrical boxes below have been damaged
and have required replacement. For a safer stairway surface and entrance to her
apartment, Ms. Swift is requesting the enclosure.
The public right-of-way of 29th Street is 50 feet. The pavement width is 31 feet, leaving
9% feet behind the curb of 29th Street as public right-of-way. The existing steps
encroach by 3% feet and the enclosure would not exceed that measurement. The
remaining walk area is 6 feet. The Building Safety Division has reviewed with the
proposed construction and has approved the project from a Building Code perspective.
At this time Ms. Swift is requesting an irrevocable license for the installation of the
stairway enclosure.
All documents required to approve the request have been received, which include the
License Application, the signed Acceptance of Terms, the Certificate of Insurance, the
letter of request, and a drawing of the proposed enclosure.
RECOMMENDATION
I recommend approval of the encroachment request by Carole A. Swift and recommend
City Council approval of the attached License.
Prepared by Jane Smith, Engineering
cc: Building Safety
CONSTRUCTION ~-~'~ r uJ ~/ ~c~ o~
ON PUBLIC RIGHT OF WAY
Section 1. C ~roI~_ /~. ~--~uJ; -T~"~- as the owner of the
premises, (Licensee), known as ~.q Oo O-&¢l(-~ o m in Dubuque,
Iowa, and legally described as ~ ~/- ~,~+ }~ d~l¢.~ ~F and is hereby
granted an Irrevocable License and authority to constru~'~and
maintain %-¥~1v~u-~0~w ~_v-~o~c,~-~_ , (Encroachment) (see
attachment for Iooation)~under the terms and conditions set forth in this
License.
Section 2. The permission herein granted is expressly conditioned on
Licensee's agreement to:
Assume any and alt liability for damages to persons or property which
may result from the existence, location, installation, construction or
maintenance of said Encroachment; and
Procure and maintain in force during the term of this License 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 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
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 Encroachment.
Section 3. That said 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.
Section 6. That the City Clerk be and she is authorized and directed to file at
Licensees' 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
the Iowa One-Call membership.
Signed this 19th day of August , 2002.
Attest: ~
~.,~eanne F. Schneider, City Clerk
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on
behalf of ~o~. ~ ~u.~-(:-'~-- , and having read and being familiar
with the terms and conditions of the Irrevocable License, hereby, for themselves, its
successors or assigns, as owners of the abutting property, accepts the same and
agree to be bound by ~the terms and conditions therein contained to be performed by
C., rol .
LICENSEE:
Signature
Checklist of Required !terns for Encroechment of Pub!lc Right-of-Way
Project Description:
Letter of Application
Application License
Insurance Certificate
Drawing w/dimensions N~/
& right-of-way
License Fee
(Does not include Excavation Fee)
Suom~ted:
(550.00 UNLESS OTHERWISE NOTED)
STANDARD FORM FOR "IRREVOCABLE" ENCROACHMENT LICENSE
02/21/02
A'CORD. CERTIFICATE OF LIABILITY INSURANCE
- ~ 08/0Z/20-02
Nallis,Kunnert,Price & Smith
890 Town C3ock Plaza
P.O. Box 176
Dubuque, IA 52004-0176
:INSURED Carole Swift
DBA: Carole Swift Hair Designers
2900 3ackson
Dubuque, IA 52001
I
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFO~.DED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURERA: Cincinnati Tnsarance Co.
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 MAy BE ISSUED OR
MAy PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE POLICY NUMBER DATE (M M,'DD/YY) DATE (MM/DD/YY) LIMITS
GENERAL LIABILI'J~ 30P2061182 ].0/10/2001 10/].0/2004 EACH OCCURRENCE $ 1,O00,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ I 0 0,0 0 0
t CLAIMS MADE ~-~ OCCUR MElD EXP (Any one person)$ 5,000
woRRERE COUPE.RATION A.D I
:he City of Dubuque is named Additional Tnsured for stairway encroachment on City property ONLYY..~
~er Form GA459 2/98. Also attached is Form TA 4066 6/00
CERTIFICATE HOLDER I X I ADDmONAL INSURED; INSURER LETTER A
The City of Dubuque
50 West 13th St.
Dubuque, ~A 52001-4864
ACUKU 2~-U
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WiLL ]~OXE~I~~) MAIL
:l O DAYS WRITrEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
IMPORTANT
If the cedificate holder is an ADDITIONAL INSURED, the policy(iss) must be endomed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form doss not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION
. .,-, - BY ' tm
This endorsemen[ modifies ins~,rance provided under the following:
BU~INEgSOWNERS PACKAGE POLICY ~'~
BUSINESS AUTO COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COblrv~ERCiAL PROPERTY COVERAGE PART
COMMERCIAL GENERAL L"AB!LI ,'TY, CCVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
FARM COVERAGE PART
LIQUOR LiABiLiTY COVERAGE PART
MACHINERY AND EQUIPrviENT COVERAGE PART
POLLUTION LIAB{L~,'TY COVERAGE PART
PRODUCTS/COblPLETED OPERATIONS L~ABILITy COVERAGE PART
P ..... ~I-NA_ ~ ~.L[A_.Lr~'. -OVERAGE PART
SCHEDULE
u,,,u~r v, ~y~ Notice .30 :
Fol' any statutodly permitted reason other than not,payment of premium, the number of days required for
tice of cancellation, as provided in Paragraph 2. Ot either the Cancellation. Common PoJicy Conclition or as
amended by an applicable state canceiiafion endorsement, is increased to the number of days shown in the
The City of Dubuque
50 West 13th St.
Dubuque, IA 52001-4864
for Stairway encroachment On City property ONLY'
iA 4086 08 00
In_clude~ copyrighted ·material of Insurance
:services Office, inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-STATE OR POLITICAL
SUBDIVISIONS-PERMITS RELATING TO PREMISES
This endorsement modifies insurance provided under the following:
BUSINESSOV~NERS PACKAGE POLICY
DENTIST'S PACKAGE POUCY
SCHEDULE
State or Political Subdivision:
The City of Dubuque, including all its elected amd appoimted officials, all
its employees and volunteers, all its boards, commissions &/or authorities
and their board members,employees and volunteers
50 West 13th St.
]~E-~'~N I~[-A Bd~-~S$ LIABILITY, C. Who is an
Insured is amended to inc ude as an insured any
state or political subdivision shown n the Schedule,
subject to the follow ng additional provision:
This insurance applies only with respect to the fol-
lqwing hazards for which the state or political subdi-
vision has issued a permit in connection with
premises you own, rent, or control and to which this
Insurance applies:
a. The existence, maintenance, repair, con-
structicn, erection, or removal of advertising
signs, awnings, canopies, cellar entrances, coat
holes, driveways, manholes, marquees,
hoistaway openings, sidewalk vaults, street
banners, or decorations and similar exposures;
or
b. The construction, erection, or removal cf eleva-
tors; or
c. The ownership, maintenance, or use of any ele-
vators covered by this insurance.
This insurance pro. vided to the a,.ddifionaJ insured(s)
,d?es not apply .to bodily ipjury", 'property dana e~
~'p al injury or adve~s n~ njury ansmg out of
me sole negligence or w Ilfu m sconduct of the addi-
tiona nsured or its "employees".
for Stairway encroachment on City property ONLY
GA 459 02 98
Contains copyrighted material cf Insurance
Services Office, Inc., with its pemnission.
Capyfight, Insurance Services Office, Inc., 1985, 1997