Irrevocable License_Grand Opera House & Security InvestmentsTHE CITY OF Dubuque
i r
Masterpiece an the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Security Investments, LLC & Grand Opera House Irrevocable License
DATE: September 28, 2009
A request has been received from Security Investments, LLC and the Grand Opera
House to encroach and construct improvements on the southernmost 35 feet 8 inches
of the alley between 8t" and 9t" Streets, Main and Iowa. The encroachments include:
an elevator for the Grand Opera; decorative fence and gate across the alley; and pavers
or stained/stamped concrete for the southernmost 35 feet 8 inches of the alley surface
between Security Investments, LLC and the Grand Opera House.
Security Investments, LLC and the Grand Opera House have invested in the remodeling
of both their properties and wish to enhance the alley between their properties, as well
as provide a courtyard area for patrons, sponsors, performers and the general public
prior to and during performances at the Grand Opera House or for special events.
As part of the Irrevocable Licenses from both parties, special conditions are identified as
follows:
• The gate may not be closed, except for a permitted special event, from
December 1 to March 31 each year. The City retains all rights of public access
through the alley, except during special events, including pushing snow through
this section, when necessary for City operations.
The gate may be closed from April 1 to November 30 each year unless there is
any snow on the ground in the alley or when the businesses in the other
buildings in the alley between 8t" and 9t" Streets are open for business (unless a
written waiver is obtained from that business) or one of those businesses have
notified the Grand Opera House that there is a special reason the gate needs to
be open, like a delivery or some type of building maintenance.
• When the gate is closed, it may be latched, but not locked. No furniture or other
obstruction may be in the alley, except during a permitted special event.
THE CTTY OF Dubuque
~UB .~ A~-AnaaricaCily
Masterpiece an the Mississippi
2007
TO: Michael C. Van Milligen, City Mana r
FROM: Gus Psihoyos, City Engineer .
DATE: September 24, 2009
SUBJECT: Security Investments, LLC & Grand Opera House
Irrevocable License
INTRODUCTION
This is in response to a request from Security Investments, LLC and Grand Opera
House to encroach and construct improvements on the southernmost 35 feet 8 inches
of the alley between 8th and 9th Streets, Main and Iowa. The encroachments include:
an elevator for the Grand Opera; decorative fence and gate across the alley; and pavers
or stained/stamped concrete for the southernmost 35 feet 8 inches of the alley surface
between Security Investments, LLC and the Grand Opera House (Grand).
DISCUSSION
Security Investments, LLC and the Grand have invested in the remodeling of both their
properties and wish to enhance the alley between their properties as well as provide a
courtyard area for patrons, sponsors, performers and general public prior to and during
performances at the Grand Opera House or for special events.
An elevator is proposed for the Grand Opera to assist with access from the basement to
the 5th floor. The layout at the Grand includes: the costume department on the 5th floor;
rehearsal area on Ott' floor, conference room and lighting on 3~d floor; balcony on 2"d
floor; the stage, seating and restrooms on the 1St floor; and additional restrooms in the
basement. The elevator will give much needed access for patrons, staff, performers
and crew members before, during and after performances.
As part of the Irrevocable Licenses from both parties, special conditions are identified as
follows:
- "The gate may not be closed, except for a permitted special event, from December 1
to March 31 each year. The City retains all rights of public access through the alley,
except during special events, including pushing snow through this section, when
necessary for City operations.
Law Offices Of
FUERSTE, CAREW, JUERGENS 8i SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE, IOWA 52001-6832
STEPHEN J.JUERGENS
ROBERT L. SUDMEIER*
DOUGLAS M. HENRY
MARK J. WILLGING
A. THEODORE HUINKER
DANITA L. GRANT*
WILLIAM N. TOOMEY
JENNY L. HARRIS t
JASON D.LEHMAN*
JASON L. COMISKY
September 23, 2009
WILLIAM C. FUERSTE
ALLAN 7. CAREW
(RETIRED)
TELEPHONE:
(563) 556-4011
TELECOPIER:
(563)556-7134
E-MAIL:
MAIL(C1~FUERSTELA W . COM
WRITER'S DIRECT
E-MAIL ADDRESS
SJUERGENS(C~FUERSTELAW. COM
ALL ATTORNEYS LICENSED IN IOWA
*ALSO LICENSED IN WISCONSIN
'ALSO LICENSED IN ILLINOIS
Ms. Jane Smith
Engineering Department
City Hall
50 West 13th Street
Dubuque, IA 52001
Re: Grand Opera House and Security Investments, LLC Irrevocable Licenses
to Construct Certain Improvements on Public Right-of--Way
Dear Ms. Smith:
This office represents the Grand Opera House, 135 8th Street, Dubuque, Iowa
and Security Investments, LLC, 800 Main Street, Dubuque, Iowa.
Per your letter of September 16, 2009, we are resubmitting with this letter the
Grand Opera House and Security Investments, LLC Irrevocable Licenses which now
identify the special conditions for the Licenses.
We are also enclosing new Certificates of Insurance for both the Grand Opera
House and Security Investments, LLC.
Please place this matter on the City Council agenda for its October 5, 2009
meeting.
If you have any questions or require anything further, please contact me.
Very truly yours,
FUERSTE, CAREW,
JUERGENS &SUDMEIER, P.C.
-.
SJJ:kad By; % ~~ 4'"
Enclosures STEPHEN J. GENS
Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13~' Street, Dubuque, IA 52001 (563 589-4270)
Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563 589-4270)
IRREVOCABLE LICENSE
AUTHORIZING GRAND OPERA HOUSE
TO CONSTRUCT CERTAIN IMPROVEMENTS
ON PUBLIC RIGHT-OF-WAY
Section 1. Grand Opera House, an Iowa non-profit corporation, as the owner of the
premises (Licensee), known as The Grand Opera House, 135 West 8th Street, and the
Security Building, 8th and Main Streets, in Dubuque, Iowa and legally described as The
Westerly 70 feet of Lots 171 and 172 in the City of Dubuque, Iowa, according to the United
States Commissioners' Map thereof, subject to easements of record, be and is hereby granted
an Irrevocable License and authority to construct and maintain the improvements, including a
passenger elevator, brick pavers or stamped concrete surface, and decorative steel fence and
attached gate on the east half of the alley/public right-of-way (Encroachment), (see attachment
for construction details and 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:
a) 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;
b) Procure and maintain in force during the term of this License a policy of liability
insurance as set forth in the attached Insurance Schedule;
c) 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
d) 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.
e) Any special conditions as set forth for this License as identified: See attached
Section 2(e).
Section 3. The 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. The City Clerk is authorized and directed to file at Licensee's 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 Iowa One-Call
registration membership.
Signed this day of September, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
State of Iowa )
ss:
County of Dubuque )
On this day of September, 2009, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation, that the seal affixed
to the foregoing instrument is the corporate seal of the corporation, and that the instrument
was signed and sealed on behalf of the corporation, by authority of its City Council on the
day of September, 2009, and Roy D. Buol and Jeanne F. Schneider acknowledged the
execution of the instrument to be their voluntary act and deed.
Notary Public in and for said State
Special Conditions Required by the City of Dubuque for the Requested Irrevocable
License by Grand Opera House
Section 2. (e)
The gate may not be closed, except for a permitted special event, from December 1 to March
31 each year. The City retains all rights of public access through the alley, except during
special events, including pushing snow through this section, when necessary for City
operations.
The gate maybe closed from April 1 to November 30 each year unless there is any snow on
the ground in the alley or when the businesses in the other buildings in the alley between 8th
and 9th Streets are open for business (unless a written waiver is obtained from that business)
or one of those businesses have notified the Grand Opera House that there is a special reason
the gate needs to be open, like a delivery or some type of building maintenance.
When the gate is closed, it may be latched, but not locked. No furniture or other obstruction
may be in the alley, except during a permitted special event.
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of Grand
Opera House, and having read and being familiar with the terms and conditions of the
Irrevocable License, for itself, its successors or assigns, accepts the same and agrees to be
bound by the terms and conditions herein contained.
GRAND OPERA HOUSE, LICENSEE:
Signature
By: Michael P. Welbes
Title: President
Dated: September 22 , 2009
Sianature reauires notary
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this 22nd day of September, 2009, before me, the undersigned, a Notary Public in
and for said State, personally appeared Michael P. Welbes, to me personally known, and
acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the pers acted, executed the instrument.
;~;y~ in ink)
. w o+o"~airr~ist y U
1 ~F (print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
XX CORPORATE OFFICER(S) President (Title)
(CORP SEAL)
AFFIXED
XX NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
Michael P. Welbes -Grand Opera House
Checklist of Required Items for Irrevocable Encroachment of Public Right-of-Way
Project Description:
Submitted:
Letter of Application X
Application License X
Insurance Certificate X
Drawing w/Dimensions
& Right-Of-Way X
License Fee X ($500.00 UNLESS OTHERWISE INDICATED)*
(Does not include Excavation Fee)
* Amount of staff investiaation. review, involvement may necessitate the adjustment of this fee
and will be determined by the Citv Manaaer.
STANDARD FORM FOR "IRREVOCABLE" ENCROACHMENT LICENSE
06:25:08
CONSENT
To: City of Dubuque, Iowa
Date: November 4, 2008
The undersigned record owner of the following described real estate:
Lot 29, Lot 30 and the South 1/3 of Lot 31, in the City of Dubuque,
Iowa, according to the United States Commissioners' Map thereof,
and known locally as 800 Main Street, Dubuque, Iowa, has reviewed the proposed site
plan attached hereto as Exhibit "A", consents to the Application of Grand Opera
House for and issuance by the City of Dubuque of an Irrevocable License to construct
the improvements shown on Exhibit "A" in the southernmost approximately 35' 8" of
the alley/right-of--way between Main and Iowa Streets and 8th and 9th Streets,
Dubuque, Iowa.
SECURITY INVESTMENTS, LLC
By: Cottingham & Butler Insurance
Services, Inc., Sole Member
By: ~'
John E. Butler, Chairman/CEO
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CONSENT
To: City of Dubuque, Iowa
Date: October ~~ , 2008
The undersigned record owner of the following described real estate:
Block 10 in "Dubuque Downtown Plaza", in the City of Dubuque, Iowa,
according to the plat thereof in Book of Plats #34, Page 288, records of
Dubuque County, Iowa,
and known locally as 890 Main Street, Dubuque, Iowa, has reviewed the proposed site
plan attached hereto as Exhibit "A", consents to the Applications of Grand Opera
House and Security Investments, LLC for and issuance by the City of Dubuque of an
Irrevocable License to construct the improvements shown on Exhibit "A" in the
southernmost approximately 35' 8" of the alley/right-of--way between Main and Iowa
Streets and 8th and 9th Streets, Dubuque, Iowa.
GRAHAM BROTHERS PARTNERSHIP
Jose H. Graham, Partner
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CONSENT
To: City of Dubuque, Iowa
Date: October 13 , 2008
The undersigned record owner of the following described real estate:
See Legal Description attached,
and known locally as 140 West 9th Street, Dubuque, Iowa, has reviewed the proposed
site plan attached hereto as Exhibit "A", consents to the Applications of Grand Opera
House and Security Investments, LLC for and issuance by the City of Dubuque of an
Irrevocable License to construct the improvements shown on Exhibit "A" in the
southernmost approximately 35' 8" of the alley/right-of--way between Main and Iowa
Streets and 8th and 9th Streets, Dubuque, Iowa.
PREMIER BANK
By
y Mozena, President/CEO
.~ -
Leaal Description
Tract I
The easterly 43 feet of the southerly 62 feet of Lot 172 in the City ofDubuque, Iowa, according to the
United States Commsc~ione~' ~P of the Survey of the Tawn of Dubuque, Iowa. Together with all wall
eas~P*'ts appurtenant thereto, including all rights, privileges and ea~P**a.ents granted by Grand Qpera House
Co. to Bart E. Linehan and his assigns in the certain written agreement dated August 20, 1889, filed for
record August 21, 1889, and recorded in Book 55 of the Mortgage Records, page 158, in the office of the
Recorder ofDubuque County, Iowa.
Tract II
Lots 5, b, 7 and 8 of the Subdivision of City Lot 170 and of the easterly 43 feet of City Lat 171 and of t'~e
northerly 2 feet of the easterly 43 feet of City Lot 172, in the City of Dubuque, Iowa, according to the
recorded Plat thereof. Together with all improvements thereon and with the rights and easements in deed
from Bart E. Linehan to 3. J. Nagle filed June 6,1904, in Book of Town Lots 65, page 36I of the Dubuque
County records, and to have and to hold the said premises unto the Grantee and Grantee's successors and
assigns, forever, and all and singular the appurtenances thereto belonging.
Tract III
Lots 3 and 4 of the Subdivision of the following: "City Lat 170 and of the Easterly 43 feet of City Lot 171
and of the North 2 feet of the Easterly 43 feet of City Lot 172", in the City of Dubuque, Iowa, according to
the recorded Plat thereof
Tract IV
Lot 1 of Lot 2 of Lot 2, and, Lot 1 of Lot 2 of Lot 1, of the Subdivision of City Lot 170 and of the east 43
feet of City Lot 171 and of the north 2 feet of east 43 feet of City Lot 172, in the City of Dubuque, Iowa,
according to the Plat recorded as Iristtvment No. 7212-72, records of Dubuque County, Iowa
Tract V
Lot 2 of Lot 2 of I,ot 2, Lot 2 of Lot 2 of Lot 1, Lot 1 of Lot 2, and, Lot 1 of Lot 1, all of the Subdivision
of City Lot 170 and of the East 43 feet of City Lot i 71 and of the north 2 feet of east 43 feet of City Lot 172,
in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, and Block 8 in
"DUBUQUE DOWNTOVJNPLAZA", in the City ofDubuque, Iowa, according to the recorded plat thereof.
It is specifically agreed that this deed is subject to all terms, provisions, covenants, conditions, and.
restrictions contained in the Downtown Urban Renewal Plan, Project No.Iowa R-15, which is on file in the
office of the Clerk of the City ofDubuque, Iowa, and which is recorded in the oi~ce of the Recorder of
Dubuque County, Iowa, in Book 295 of Mortgage, gages 235 to 259, said Urban Renewal Plan being
incorporated herein by this reference; and it is specifically agreed that this deed is also subject to all the
terms, provisions, covenants, conditions and restrictions contained in a certain agreement entitled "Contract
far Sale ofLand for Privatc Redevelopment," executed by the city ofDubuque, Iowa, and which is recorded
in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 10011-73, said agreement being
incorporated herein by this reference; and it is specifically agreed that all the terms, provisions, covenants,
conditions and restrictions contained in bath said above identified Urban Renewal Plan and said above
identified a~~~. ~ -~+.t shall be and are hereby declared to be covenants pinning with the land, enforceable as
therein set out, and which, in addition thereto, are hereby declared to be also for the benefit of the City of
Dubuque and the United States, and also enforceable by them regardless ofwhether ar not title to all the Land
in the said Downtown Urban Renewal Project area may have been transferred to subsequent private parties.
Neither the contract far Sale of Land for Private Redevelopment, nor any portion thereof, shall be deemed
mewed into this deed.
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Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13~' Street, Dubuque, IA 52001 (563 589-4270)
Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563 589-4270)
IRREVOCABLE LICENSE
AUTHORIZING SECURITY INVESTMENTS, LLC
TO CONSTRUCT CERTAIN IMPROVEMENTS
ON PUBLIC RIGHT-OF-WAY
Section 1. Security Investments, LLC, an Iowa limited liability company, as the owner of
the premises (Licensee), known as the Security Building, 8th and Main Streets, in Dubuque,
Iowa and legally described as Lot 29, Lot 30 and the South 1/3 of Lot 31, in the City of Dubuque,
Iowa, according to the United States Commissioners' Map thereof, be and is hereby granted an
Irrevocable License and authority to construct and maintain the improvements, including brick
paver or stamped concrete surface and decorative steel fence and attached gate on the west
half of the alley/public right-of-way (Encroachment) (see attachment for construction details and
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:
a) 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;
b) Procure and maintain in force during the term of this License a policy of liability
insurance as set forth in the attached Insurance Schedule;
c) 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
d) 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.
e) Any special conditions as set forth for this License as identified: See attached Section
2(e).
Section 3. The 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. The City Clerk is authorized and directed to file at Licensee's 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 Iowa One-Call
registration membership.
Signed this day of September, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
State of Iowa )
ss:
County of Dubuque )
On this day of September, 2009, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally
known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa, a municipal corporation, that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council on the day of
September, 2009, and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of
the instrument to be their voluntary act and deed.
Notary Public in and for said State
Special Conditions Required by the City of Dubuque for the Requested Irrevocable
License by Security Investments, LLC
Section 2. (e)
The gate may not be closed, except for a p~~~~~itted special event, from December 1 to March
31 each year. The City retains all rights of public access through the alley, except during
special events, including pushing snow through this section, when necessary for City
operations.
The gate may be closed from April 1 to November 30 each year unless there is any snow on
the ground in the alley or when the businesses in the other buildings in the alley between 8th
and 9th Streets are open for business (unless a written waiver is obtained from that business)
or one of those businesses have notified the Grand Opera House that there is a special reason
the gate needs to be open, like a delivery or some type of building maintenance.
When the gate is closed, it maybe latched, but not locked. No furniture or other obstruction
may be in the alley, except during a permitted special event.
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of Security
Investments, LLC, and having read and being familiar with the terms and conditions of the
Irrevocable License, for itself, its successors or assigns, accepts the same and agrees to be
bound by the terms and conditions herein contained.
SECURITY INVESTMENTS, LLC, LICENSEE:
By: Cottingham & Butler Insurance Services,
~ ,Sole Member
/1 ~/. 1
Signature
By: John E. Butler
Title: President
Dated: September 2, 2009
Sianature reauires notary
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this 2nd day of September, 2009, before me, the undersigned, a Notary Public in and
for said State, personally appeared John E. Butler, to me personally known, and acknowledged
to me that he executed the same in his authorized capacity, and that by his signature on the
instrument the person acted, exe uted the instrument.
_ ~, - 1 (sign in ink)
.j
iroa~~a~1~ ~
(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
XX CORPORATE OFFICER(S) President (ritle>
(CORP SEAL)
AFFIXED
XX NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-I N-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
XX OTHER -President of Sole Member of LLC
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
John E. Butler, President of Cottingham & Butler Insurance Services, Inc., Sole Member of
Security Investments, LLC
Checklist of Required Items for Irrevocable Encroachment of Public Right-of-Way
Project Description:
Submitted:
Letter of Application X
Application License X
.Insurance Certificate X
Drawing w/Dimensions
& Right-Of-Way X
License Fee X ($500.00 UNLESS OTHERWISE INDICATED)'
(Does not include Excavation Fee)
* Amount of staff investigation, review, involvement may necessitate the adjustment of this fee
and will be determined by the Citv Manager.
STANDARD FORM FOR "IRREVOCABLE" ENCROACHMENT LICENSE
06:25:08
•. ~,.
To: City of Dubuque, Iowa
Date: October 14 , 2008
CONSENT
The undersigned record owner of the following described real estate:
The Westerly 70 feet of Lots 171 and 172 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map thereof,
and known locally as 135 West 8th Street, Dubuque, Iowa, has reviewed the proposed
site plan attached hereto as Exhibit "A", consents to the Application of Security
Investments, LLC for and issuance by the City of Dubuque of an Irrevocable License
to construct the improvements shown on Exhibit "A" in the southernmost
approximately 35' 8" of the alley/right-of--way between Main and Iowa Streets and 8th
and 9th Streets, Dubuque, Iowa.
GRAND OPERA HOUSE
Michael P. Welbes, President
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CONSENT
To: City of Dubuque, Iowa
Date: October ~~ , 2008
The undersigned record owner of the following described real estate:
Block 10 in "Dubuque Downtown Plaza", in the City of Dubuque, Iowa,
according to the plat thereof in Book of Plats #34, Page 288, records of
Dubuque County, Iowa,
and known locally as 890 Main Street, Dubuque, Iowa, has reviewed the proposed site
plan attached hereto as Exhibit "A", consents to the Applications of Grand Opera
House and Security Investments, LLC for and issuance by the City of Dubuque of an
Irrevocable License to construct the improvements shown on Exhibit "A" in the
southernmost approximately 35' 8" of the alley/right-of--way between Main and Iowa
Streets and 8th and 9th Streets, Dubuque, Iowa.
GRAHAM BROTHERS PARTNERSHIP
B . ~~ _ 9
Jose H. Graham, Partner
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CONSENT
To: City of Dubuque, Iowa
Date: October 13 , 2008
The undersigned record owner of the following described real estate:
See Legal Description attached,
and known locally as 140 West 9th Street, Dubuque, Iowa, has reviewed the proposed
site plan attached hereto as Exhibit "A", consents to the Applications of Grand Opera
House and Security Investments, LLC for and issuance by the City of Dubuque of an
Irrevocable License to construct the improvements shown on Exhibit "A" in the
southernmost approximately 35' 8" of the alley/right-of--way between Main and Iowa
Streets and 8th and 9th Streets, Dubuque, Iowa.
PREMIER BANK
By.
f Mozena, President/CEO
Leeal Description
Tract I
The easterly 43 feet of the southerly 62 feet of Lot 172 in the City of Dubuque, Iowa, according to the
United States COmmi c~IOners' Map of the Survey of the Town of Dubuque, Iowa_ Together with all wall
easements appurtenant thereto, including ail rights, privileges and e~ ~P~!ents granted by Grand Qpera Horse
Co. to Bart E. Linehan and his assigns in the certain written a.~~~,.~ent dated August 20, 1889, fled for
record August 21, 1889, and recorded in Book 55 of the Mortgage Records, page IS$, in the office of the
Recorder of Dubuque County, Iowa.
Tract II
Lots ~, 6, 7 and 8 of the Subdivision of City Lot 170 and of the easterly 43 feet of City I.ot 171 and of the
northerly 2 feet of the easterly 43 feet of City Lot 172, in the City of Dubuque, Iowa, according to the
recorded Plat thereof. Together with all improvements thereon and with the rights and eas~.A*~ts in deed
from Bart E. Linehan to J. J. Nagle filed June 6, 1904, in Book of Town Lots 65, page 361 of the Dubuque
County records, and to have and to bold the said premises unto the Grantee and Grantee's successors and
assigns, forever, and all and singalar the appurtenances thereto belonging.
Tract III
Lots 3 and 4 of the Subdivision of the following: "City Lot 170 and of the Easterly 43 feet of City Lot 171
and of the North 2 feet of the Easterly 43 feet of City Lot 172", in the City of Dubuque, Iowa, according to
the recorded Plat thereof
Tract IV
Lot 1 of Lot 2 of Lot 2, and, I.ot 1 of Lot 2 of Lot 1, of the Subdivision of City Lot 170 and of the east 43
feet of City Lot 171 and of the north 2 feet of east 43 feet of City Lot 172, in the City of Dubuque, Iowa,
according to the Plat recorded as Instrument No. 7212-72, records of Dubuque County, Iowa
Tract V
Lot 2 of Lot 2 of Lot 2, Lot 2 of Lot 2 of Lot 1, Lot 1 of Lot 2, and, Lot 1 of Lot 1, all of the Subdivision
of City Lot 170 and of the East 43 feet of City Lot 171 and of the north 2 feet of east 43 feet of City I.ot 172,
in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, and Block 8 in
"DUBUQUE I30WN'TOWI*TPLAZA", in the City ofDubuque, Iowa, according to the recorded Flat thereof.
It is specifically agreed that this deed is subject to all terms, provisions, covenants, conditions, and.
restrictions contained in the Downtown Urban Renewal Plan, Project No.Iowa R-15, which is on file in the
office of the Clerk of the City of Dubuque, Iowa, and which is recorded in the office of the Recorder of
Dubuque County, Iowa, in. Book 295 of Mortgage, gages 235 to 259, said Urban Renewal plan being
incorporated herein by this reference; and it is specifically agreed that this deed is also subject to all the
terms, provisions, covenants, conditions and restrictions contained in a certain agreement entitled "Contract
for Sale ofLand for Private Redevel~y,uent," executed by the city ofDuhuque, Iowa, and which is recorded
in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 10011-73, said a~ ~~,.,,.ent being
incorporated. herein by this reference; and it is specifically a.~~. that all the terms, provisions, covenants,
conditions and restrictions contained in both said above identified Urban Renewal Plan and said above
identified agreement shall be and are hereby declared to be covenants ~,.,.,.'..g with the land, enforceable as
therein set out, and which, in addition thereto, are hereby declared to be also for the benefit of the City of
Dubuque and the United States, and also enforceable by them regardless ofwhether ar not title to all the Land
in the said Downtown Urb an Renewal Project area may have been trans ferred to subsequent private parties.
Neither the contract for Sale of Laud for Private Redevelopment, nor any portion thereof; shall be deemed
merged into this deed.
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DATE 12/12/08 GRAND OPERA HOUSE
NEW PASSENGER ELEVATOR ~
ARCHITECTS PN~ 08035 135 EIGHTH STREET _
DRAWN BY~ RLW DUBUQUE, IOWA