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