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Revocable License_LPIKON Propeties LLC for Right-of-Way Copyrighted July 16, 2018 City of Dubuque Consent Items # 22. ITEM TITLE: Signed Contract(s) SUMMARY: Agreement with Kim Herrig for cleaning, housekeeping, and/or janitorial services at City offices at 300 Main Street; Revocable License for River City Church Signage; Michael Beck for a bench at 1166 Main St.; LPIKON Properties, LLC for ADA access at 123 Main St. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Kim Herrig for Cleaning Services at 300 Main City Supporting Documentation Offices Beck- Rewcable License Supporting Documentation LIPKON Properties, LLC - Rewcable License Supporting Documentation River City Church - Rewcable License Supporting Documentation � � IIIII I I II II I I I I I III I III I II II II I I II Doc ID: 008843250005 Type: GEN Kind: MISCELLANEOUS Recorded: 06/28/2018 at 11:48:20 AM F2e Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2018-00007201 � i Prepared by: Gus Psihoyos,City Engineer,City of Dubuque,50 W. 13th Street,Dubuque, IA 52001 (563 589-4270) i Return to: Gus Psihoyos,City Engineer,City of Dubuque,50 W. 13th Street,Dubuque, IA 52001 (563 589-4270) � REVOCA,�LE LI ENSE � AUTHORIZING LI'{ KUh i�l(U��20�1(,S,�LL ;:, TO CONSTRUCT �t�q- �u,v� I; ON PUBLIC RIGHT-OF-WAY � i..a��ns��. Pm .x1<�a�rv°►n��,,�l�s i Section 1. �� ,,�„� '�^��p��.�,.�5��t as the owner of the premises, �''', (business) (�icensee), known as � � a in '! ��, Dubuque, lowa, and legally described as � A � Cav� L:o-I- `1 IQ(---f�tn �1J e� 'O�C�� Lv� �If� " be and is hereby granted a Revocable License and authority to construct and maintain �' �r c�- � .��C� , (Encroachment) (see attachment for � location) under the terms and conditions se forth in this License. � � Section 2. The permission herein granted is expressly conditioned on a' Licensee's agreement to: �� V � a. Assume any and all liability for damages to persons or property which may '� result from the existence, location, installation, construction or u 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 or private policy of liability insurance which covers your encroachment of the public right of way; as required by the City Manager 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 C � � �� G ��n�°n� � � � � d. Indemnify, defend and hold the City of Dubuque free and harmless from any and all claims, including but not limited to damages, 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: : i � � Section 3. The Encroachment shall be maintained in accordance with all i, applicable state and federal laws and regulations, and the Ordinances of the City of �� Dubuque. � � � Section 4. The permission herein granted is expressly conditioned upon � Licensee's further agreement that should the right and privilege herein granted be rescinded or revoked by the City Manager, with or without cause, Licensee, shall within '�;, ten (10) days after receipt of written notice from the City Manager, so to do, at its own ! expense, remove said Encroachment at Licensee's expense and dispose of the same, '' and Licensee shall have no claim against the City or its officers, agents, or employees h� for damages resulting from the removal of said Encroachment. d li Section 5. Licensee covenants and agrees that the Revocable License herein I�' 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 6. This Revocable License shall become effective and the rights hereunder accrue to Licensee when this License has been approved by the City Manar�er and the terms and conditions thereof accepted by Licensee by acceptance � endorsed on this License. This Revocable License is not assignable or transferable to another location. This license is for this property only. Section 7. The City Clerk shall file a copy of this License at Licensee's expense in the Office of the Recorder in and for Dubuque County, lowa. � 2 � G V � Section 8. lowa One-Call registration may be required by the Code of lowa. � When applicable Licensee shall submit documentation to the City Engineer of lowa One-Call registration membership. Signed this�_, day of 0, ) 1�l`'�_ , 20�. � � ,� � i ichael C. Van Milligen, City Manager i, �i � ,� I� Attest: �� 'i �� i, �,-� - _r_ i� , Kevi . Firnsta I;��ity C erk h� I� � i! II , ��i State of lowa ) F� ) ss � ;; County of Dubuque ) � On this � t day of , � � , before me, the ° undersigned, a Notary Public in and for e State of lowa, personally appeared Michael C. Van Milligen and Kevin S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are the City Manager and City Clerk, respectively, of the City of �' Dubuque, lowa, 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 se e, on behalf of the co poration, ' ' , on the �� day of , ° , , and Michael C. Van Milligen and Kevin S. Firnstahl � acicnowie ed the execution of the instrument to be their voiuntary acf and deed. � � � � .� �`,/�/� � xr°'�ntmr ;��E�.��, �C��63�47� "�i"B'!a� Commissiqn Nurn er 772419 Notary Public in a for said State ,oW�� My Comm:Ezp. '�_ 3 � i h i' ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE � �, , The ndersigned, being duly authorized to execute this Acceptance on behalf of � �,.�� '�' �d� i�,� , and having read and being familiar with the terms � and con itions of th Revocable License, accepts the same and agrees to be bound by the terms and conditions herein. LICEN E: � � �i�natur � �� .� �� : By' !I Title: (�� , '� Dated: � � � � � � �� 1 , ;� !1 y Signature requires notary— Use "All Purpose Acknowledgernent" on next page i' II �i � �, � � � b a � � � � � 4 i � � � d I � ALL PURPOSE ACKNOWLEDGMENT � STATE OF IOWA ) a COUNTY OF DUBUQUE ) On this __� day of , 20�, b fore , the under�igned, a Notary Public in and for said State, p�sonally appeared " �8� �p b�Iv (NAME/S) to me personally known, OR proved to me on the basis of � satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within � instrument and acknowledged to me that he/she/they executed the same in his/her/their � authorized capacity(ies), and that by his/her/their signature(s) on the instrument the � person(s) acted, executed the instrument. '�� (Notary Seal) '',i �� Ats GfNA HODGSON .- (sign in ink) �I Z�h Commission Number 808091 �y My Commission Expires � ,o,,,,P pecember 26,2020 �„��,, f��,,°'�"� (print/type name) �� , Notary Public in and for State of lowa � � CAPACITY CLAIMED BY SIGNER �' � INDIVIDUAL i CORPORATE OFFICER(S) (Title) li I (CORP SEAL) I AFFIXED NO SEAL PROCURED I PARTNER(S) LIMITED GENERAL !� ti � ATTORNEY-IN-FACT � TRUSTEE(S) � GUARDIAN/CONSERVATOR � OTHER � � SIGNER IS REPRESENTING: � Name of Person(s) or Entity(ies): 5 � � � � ; r d