Loading...
Bricktown Cooper Co ROW WallMEMORANDUM August 27, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager The Cooper Companies - Bricktown Irrevocable License A request has been received from The Cooper Companies to install a three-foot tall decorative wall on the public right-of-way at 3rd and Locust. The owners are proposing the wall to enhance the gateway area to the America's River project and to tie into the Bricktown theme. As a condition to allowing this encroachment, The Cooper Companies have agreed to include a reference to the America's River project on their advertising sign at the corner of 3rd and Locust Street. The exact language to be used on the sign has yet to be finalized. Public Works Director Mike Koch recommends approval of The Cooper Companies' (a/Ida Cooper Development Company LLC) request for an Irrevocable License to encroach into the right-of-way at 3rd and Locust Streets. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich~el'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 August 27, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director~ ¢ ,. The Cooper Companies - Bdcktown Irrevocable License INTRODUCTION This is in response to a request from The Cooper Companies to install a three- foot tall decorative wall on the public right-of-way at 3rd and Locust. The owners are proposing the wall to enhance the gateway area to America's River Project and to tie into the Bricktown theme. DISCUSSION Scott Neuwohner from The Cooper Companies is proposing to build an approximate one-foot wide decorative bdck and stone wall around the new parking lot on the southeast corner of 3rd and Locust for the Bricktown restaurant. They are requesting an Irrevocable License from the City due to the investment they will have in the building of the wall. The encroachment will allow The Cooper Companies to enhance their property and will provide an enhanced entrance to the America's River Project for the turn at 3rd and Locust Street. The location of the wall will also improve the maneuverability within the parking lot. On 3rd Street and Locust Street, the wall will encroach onto public right-of-way by 12 to 13 inches, leaving approximately 11 feet of walking area. No alley encroachment is proposed. The wall is proposed to be 3 feet high with a stone cap, with the possibility of future lighting additions. If and when the lighting additions would be added, The Cooper Companies would seek City Council approval at that time. As a condition of allowing this encroachment, The Cooper Companies have agreed to include a reference to the America's River Project on their advertising sign at the comer of 3rd and Locust Street. The exact language to be used on the sign has yet to be finalized. RECOMMENDATION All documents required to approve the encroachment have been received which include: the License Application; signed Acceptance of Terms; Certificate of Insurance; letter of request; and a drawing of the proposed wall. The Economic Development Department, Building Services Division, and the Engineering Division have all reviewed the request and found the proposed wall to meet all applicable City standard and ordinances. I recommend approval of The Cooper Companies' (a/k/a Cooper Development Company LLC) request for an Irrevocable License to encroach into the right-of- way at 3rd and Locust Streets. ACTION TO BE TAKEN The City Council is requested to approve the encroachment of the wall into the right-of-way by adoption of the enclosed Irrevocable License, MAK/vjd Prepared by Jane Smith, Engineering cc: Economic Development Building Services July 23, 2002 City Engineering Division City Of Dubuque City Hall Dubuque, IA 52001 Re: License Application To Whom 1T May Concern: This is a formal letter of application for an "Irrevocable License Anthorizing Construction on Public Right0of-Way' for the sidewalks located at the new Bricktown parking facility located at the intersection of 3~ and Locust (280 locust St ) formerly The Kwick Stop Gas Station~ We propose to build on the sidewalk in the public right-of-way a one-foot wide decorative Brick and stonewall surrounding the entire perimeter of the lot on Locust and 3d street. This wall will encroach on to the Public right-of-way no more than 13 inches. The wall will stand approximately 3 feet tall and have a stone cap. The sidewalk is currently 12 feet wide making it wider than many sidewalks in the city, Encroaching a foot onto the right-of-way will leave 11 feet unencumbered or obstructed by any foreign objects inclading the possibility of future light poles as they can be mounted directly atop the brick wall and not on the sidewalk. This is more useable sidewalk than many of the current city streets and right-of-way's. Additionally by using this one-foot encroachmem we will be able to help ensure that our parking facility has enough room so the cars can safely maneuver in and out of individual parking spaces. Further we will be able to pgur a footing direefly ander the sidewalk which will not only help hold our wall in place and keep it from cracking and withering but will additionally help hold the sidewalk in place prolonging the life of the side walk. We are attempting to go above and beyond the requirements of a standard parking facility by building a brick wall around the lot This is to tie in with the Bricktown theme and enhance the gateway to the America's River Project. We respectfully request tl0at an irrevocable license be approved for the above project. Respectfully, I am Scott A. Ncuwoehner, President & CEO The Cooper Companies LICENSE AUTHORIZING Cooper Development. Company LLD CONSTRUCTION Three-Foot. Tall Decorat.'ive t~ll ON PUBLIC RIGHT OF WAY TO Section 1. Cooper Development Cor~oan¥ LLD as the owner of the premises, (Licensee), known as 280 Locust. Street in Dubuque, Iowa, and legally described as ~e~.~"&C~:~¥L~ot8~ Cl~y be and is hereby granted an Irrevoeable License and authority to construct and maintain Three-Foot. Tal] Decorative Wall , (Encroachment) (see attachment for location) 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 all 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, constructicm, 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 documentat on to the City Engineer of the Iowa One-Call membership. Signed this 3rd day of Attest: /,./Jeanne F. Schneider, City Clerk September ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of (~.~! /~-~-.,~)o1~/'¢,~ ~ , and having read and being familiar w~th the terms and condmons 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 ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUOER (563)583-5775 FAX (563)583-5779 THlU[;EI~TIPIGATEI~I~S~SUE[}A~AMA I:I~UP NPOIgMATON WallSs,Kunnert,Price & Smith 890 Town C3ock Plaza P.O. Box 176 Dubuque, IA 52004-0176 INSURED Cooper Development Company LLC P.O.Box 3038 Dubuque, IA 52004-3038 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER[OD 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 SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CIA[MS. LTR TYPE OF INSURANCE POUCY NUMBER DATE (MM/DDJYY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY CAP5459568 01/05/2002 01/05/2005 EACH OCCUREENCE I$ I ,000,00(~ ~' CO M MERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 100,00(~ I CLAIMS MADE ~=~ OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,00{] -~N'L AGGREGATE LIMIT APPLIES PEP~ PRODUCTS - COMP/DP AGG $ 2, OO0,00(~ ED(CESS LIABILITY EACH OCCURRENCE ~arking Lot g 3rd and Locust ~ddit~onal Tnsureds per Form GA 4113 1[/99 attached, Also attached are Forms TA 4086 8/00, CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER ~A CANCELLATION The City of Dubuque 50 West 13th St, Dubuque, IA 52001-4864 AC;OR.D 25-,~ (7197) AUTHORL~D REPRESENTATIVE Fred Kunnert/LINDA IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this cer'df~cate 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 dghts to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contrect between the issuing insurer(s), authorized reepresentative 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 PROVIDED BY US This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY BUSINESS AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART DENTIST'S PACKAGE POLICY FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART POLLUTION UABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 30 For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in Paragraph 2. of either the Cancellation Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. The City of Dubuque 50 West 13th St. Dubuque, IA 52001-4864 includes copyrighted matedal of insurance IA 4986 g8 gg Services Office, Inc., with Es permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ri~ CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - YOUR WORK This endcrsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVEP-&GE PART SCHEDULE Name of Person crOrganizafion(Additionallnsured): The City of Dubuque, i~cluding all its elected and appointed officials, all its employees and volunteers, all its board~, commissions &/or authorities and their board members,employees and volunteers 50 West 13th St. Dubuque, IA 52001 WHO IS AN INSURED (Secf~cn IQ is amended .~c include as an insure;d the person or organize'rich shown in the Schedule, but only with respect tc liability ads[ng out of "yourwork" for tha~ Adcmcnal'**' [asured by ycu or on your behalf. GA 4113 11 99 Includes cceyM.ch[ed matedaI of Insurance. -. Services Office, Inc., with its permission. CF'Cf OF DUBUQUE, IOWA GOVERNMENTAL IMMUNiTiES ENDORSEMENT No~wc. iver n: Gc,.wmmen~] Immtmi,~? The insurance career expressly a§rees and star. es (hat the purchase of ',,his paiicy and the including of the City of Dubuque, iowa 8s an Additional ~nsured does not.weir9 ar~y of the defenses of governmental immu~ify avaiiab~e to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and ss it may be amended form time to ~me. C,!eims Coyote.De /;,ne insurance carder ~rther agrees that this policy of insurance shali cover only those claims not sub.~ec~ .~o the defense of governmental immunity under [he Cede of Iowa Section 670.4 as it now exists and as k may be amended from time to ~me. Those claims no.~ subject, to Code of Iowa Sec~on 670;4 shall be covered by the te,~s and conditions of ~is insurance policy: Asssrt~vernm,~nt Irprmmih/ The City of Dubuque, Iowa sha!{ be ¢esponsib~e . m~ end for asserting any defense of governmental immunib/, and may d~ so et any; ~ shaii do so upon the timely wriP~en ~Tequest of the insurance carder_ Non-Reni~i nf ¢.nwmge The insurance ca,-tier shelf not deny covera-'~e under th~s policy and bhe insurance c~rfi, er shall not deny any of the dghts and benefits accFJing ,~o the Ci~ cf Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a cour~ of competent jurisdiction has ruled in favor of the defense(s) of governmental immunil:y asserted by the City of Dubuque, iowa. ~e in ..... cy_ T .e fbove p, ~serva,.on of governmental ~mmumt~es shati not othe,'wise change or aker the coverage avaitable under the policy. 9'~ I9~9-£B~ ~o~qwoqB ~ww~l dB£:~O EO 68 [nc