Signed Contract_Dupaco Voices, LLC Revocable License for 902 & 990 White Street ROWCity of Dubuque Consent Items # 18.
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
June 15, 2020
Signed Contract(s)
De -Icing Rock Salt Supply Agreement with Champion Salt,
LLC; Dupaco Voices, LLC Revocable License for
Fencing and Landscaping at 902 & 990 White Street.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Champion Salt, LLC Agreement Supporting Documentation
Dupaco Voices, LLC Revocable License Supporting Documentation
Prepared by:
Return to:
0
0
u
Doc ID: 010491930009 Type GEN
Kind: MISCELLANEOUS
Recorded: 05/21/2020 at 12:26:29 PM
Fee Amt: $47.00 Page 1 of 9
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-0000674 1
Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270)
Gus Psihoyos, City Engineer, City of Dubuque, so W. 13th Street, Dubuque, IA 52001 (563 589-4270)
REVOCABLE LICENSE
AUTHORIZING 71)U..tPVo-Lo ()t. r_.E.
TO CONSTRUCT' — in( yctrcli LxvI cl9ii41
ON PUBLIC RIGHT-OF-WAY
Section 1. Dupaco Voices LLC as the owner of the premises,
(business) (Licensee), known as 902 & 990 White Street in
Dubuque, Iowa, and legally described as see attached
be and is hereby granted a Revocable License and authority to construct and maintain
fencing and landscaping, (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:
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 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
41°'
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:
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. 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
for damages resulting from the removal of said Encroachment.
Section 5. Licensee covenants and agrees that the Revocable 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 6. This Revocable License shall become effective and the rights
hereunder accrue to Licensee when this License has been approved by the City
Manager 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, Iowa.
2
Section 8. 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.
"°` , 20
"',Signed this � day of Yr
For:
By:
State of Iowa )
) ss:
County of Dubuque )
On this 2 frot_ day of / r! I . 0 2-6 , before me, the
undersigned, a Notary Public in and fo the State of Iowa, personally appeared vlielaael.
Cr-Var+-Milligen and Kevin S. Firnstahl, to me personally known, who, being by me duly
* sworn, did say that they are the-Gity-Menager 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 "4--
* day of. vI / , 20 2.0 and Mitt aet-G,afi-M+IfigeR and Kevin S. Firnstahl
acknowledged the execution of the instrument to be their voluntary act and deed.
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
*Gus Psihoyos, City Engineer
JEAN M. NOEL
Commisslon Number 7 6793
My Comm. Exp. ZZ'
Public in and for said State
3
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
Dupa&o es , and having read and being familiar with the terms and
conditions of the Revocable License, accepts the same and agrees to be bound by the
terms and conditions herein.
By:
"-j-Toe_ /4earrl
Title: 11)s,'6.1er2-1-/
,}4 at cJ oL,‘ae)
Dated:
Signature requires notary — Use "AII Purpose Acknowledgement" on next page
4
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE )
On this A day of Map -ell, , 20 ,Q0, before me, the undersigned, a Notary
Public in and for said State, personally appeared /-/earn
(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)
ign in ink)
r Dqan i (print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
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):
(Title)
CITY OF DUBUQUE ENGINEERING DEPARTMENT
APPLICATION FOR LICENSE OF ENCROACHMENT - DETAIL SHEET
OWNER: Dupaco Voices LLC Date: 03/10/2020
OWNER MAILING; 3999 Pennsylvania Ave Contact Name & Phone Number:
CITY/STATE/ZIP: Dubuque, IA 52002 Chris Helle
563.927.6187
LOCATION: 902 & 990 White Street LEGAL DESCRIPTION:
PARCEL ID#: 1024479012, 1024479015
see attached
Items that need to be shown to scale on drawing - Use Additional sheets as needed
Street Names
Right-of-way Widths
Pavement Widths
Sidewalk Location & Size
Obstacles/improvements in/or near area - ie - trees, fences, drainage structures, vaults, signs, meters, etc.
Horizontal and vertical location and physical size
Utility locations (One -call required-1-800-292-8989 or #811)
Special Attention Areas - Le.- railing size, dimension, height, material, color
Encroachment construction material - i.e. concrete, stone, dirt, metal, colors; etc.
8 9 10 11 12 13 14 15 16 1718 19 .=20 21 22 23 24 25 ,26 27 "28 29 30 31
141
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Dupaco Voices LLC
902 & 990 White Street Parking Lot
Legal Description
Lot 347 in the City of Dubuque, Iowa and Lot 2 of McNamara Addition, and Lot 344, Lot 345, and Lots 1
and 2 of Lot 346 in the City of Dubuque, Iowa
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DUPACO Plant Schedule
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rUchyzochyrium scoparium 'Standing Ovation'
lmus 'Frontier'
Myrica pensylvanica
Spiraea japonica 'SKS/MLA'
Juniperus virginiana 'Grey Owl'
Ma!us' Adirondack'
Hemerocalis x 'Swirling Water'
Itea virginica 'Spirch'
Juniperus sabina 'Arcadia'
BOTANICAL NAME
Amelanchier canadensis
Standing Ovation Little Bluestem
Frontier Elm
Northern Bayberry
LW Flirt Spirera
Grey Owl Juniper
Adirondack Crabapple
Swirling Water Daylily
Lltie Henry Dwarf Virginia Sweetspire
Arcadia Juniper
COMMON NAME
Serviceberry (multi -stem)
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SHEET TITLE
PREPARED FOR:
LANDSCAPE DESIGN TEAM
DATE
LANDSCAPE PLAN
902 & 990 WHITE ST
DUBUQUE, IOWA
GRONEN
900 JACKSON ST, STE LL2
DUBUQUE, IA 52001
JULIE STEVENS
& CHAD HUNTER
01.22.2020
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SHEET TITLE
BUESING PROJECT NO. 19133
SITE LAYOUT PLAN
DUPACO VOICES PKG
DUBUQUE, IOWA
PREPARED FOR:
GRONEN
900 JACKSON ST, STE LL2
DUBUQUE, IA 52001
AIASSOCIATES INC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST. 022000E, IA
(563) 556-4389
WWW.BUESING.COM lIkaelker®bues.ng.cem
U ESI NG
DATE
REVISONS
DRAWN BY:
12.26.2019
PJN
01.23.2020
CHECKED BY:
PJN