Raymond Place_Maiden Lane Retaining Wall Emergency RepairDate: June 11, 2010
City of Dubuque
Attention: City Clerk
50 West 13th Street
Dubuque IA 52001
W/O
IRREVOCABLE LETTER OF CREDIT
PREMIER BANK
Re: Raymond Place Sanitary Sewer
Letter of Credit No. Conrad001
Amount: $40,000.00
To Whom It May Concern:
premierbanking.com
WEST SIDE
1975 JFK Road
Dubuque, Iowa 52002
563.588.1000
Fax 563.588.3352
DOWNTOWN
9th & Iowa Streets
Dubuque, Iowa 52001
563.588.1000
Fax 563.690.0070
ASBURY PLAZA
2625 NW Arterial
Dubuque, IA 52002
563.588.1000
Fax 563.588.0383
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque,
Iowa, for the account of Ron Conrad for a sum not to exceed Forty Thousand dollars
($40,000.00) effective immediately and expiring at the close of business on June 11,
2011.
Funds under this Irrevocable Letter of Credit are available to you by your sight draft on
Premier Bank, 9th and Iowa, Dubuque, Iowa by submitting a sworn statement that the
City has not accepted all the public improvements necessary for Raymond Place
sanitary sewer relocation and incidental construction in accordance with plans to be
approved by the City Engineer as it relates to site plan approval for the condominiums
at 440 Raymond Place in the City of Dubuque, Iowa and / or said improvements have
not been maintained for the two -year maintenance period following City acceptance of
the public improvements.
Your draft shall contain the clause "drawn under the Premier Bank, Letter of Credit
Conrad001, dated June 11, 2010." This original Irrevocable Letter of Credit must
accompany any draft that exhausts the credit and must be surrendered concurrently
with the payment of such draft.
We hereby engage with drawers, endorsers, and bona fide holders of drafts, under and
in compliance with the terms of this Irrevocable Letter of Credit, that the same shall be
duly honored upon presentation and delivery of the documents specified to Premier
Bank and negotiated or presented before two (2) years after the expiration of this
Irrevocable Letter of Credit.
It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically
renewed, without amendment, for a one -year period from the expiration date set forth
above, and upon each subsequent anniversary of such date, unless at least sixty (60)
days prior to such date, we notify both you and our client in writing by registered mail
that we elect not to so renew this Irrevocable Letter of Credit.
Expect the 13est.
13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and proper repair. Landlord shall furnish
necessary materials for repairs that Landlord deems necessary within a reasonable time after being notified of the need for repairs.
Tenant shall haul the materials to the repair site without charge to Landlord.
14. NEW IMPROVEMENTS, All buildings, fences and improvements of every kind and nature that may be erected or
established upon the Real Estate during the term of the Lease by the Tenant shall constitute additional rent and shall inure to the Real
Estate, becoming the properly of Landlord unless the Landlord has agreed In writing prior to the erection that the Tenant may remove
the Improvement at the end of the lease.
15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. Tenant shall maintain all well, windmill, water and septic systems on
the Real Estate In good repair at Tenants expense except damage caused by windstorm or weather. Tenant shall not be responsible
for replacement or installation of well, windmill, water and septic systems on the Real Estate, beyond ordinary maintenance expenses.
Landlord does not guarantee continuous or adequate supplies of the water for the premises.
16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall be Incurred for or on account of the
Landlord without first obtaining Landlord's written authorization. Tenant shall take no actions that might cause a mechanic's lien to be
Imposed upon the Real Estate.
17. NO AGENCY. Tenant Is not an agent of the Landlord.
18, TELEVISION AND RADIO. Tenant may Install and remove, without causing material injury to the premises, Tenant's
television reception antennas, microwave dishes, and radio reception and transmission antennas.
19. ACCOUNTING. The method used for dividing and accounting for the harvested grain shall be the customary and usual
method used In the locale.
20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce any of the terms of this Lease, the prevailing
party shall be entitled to recover court costs and reasonable attorneys' fees,
21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission, shall not be construed as a material
alteration of this Lease until such provision is reduced to writing and executed by both parties as addendum to this Lease.
22. CONSTRUCTION. Words and phrases herein, Including the acknowledgement, are construed as In the singular or plural
and as the appropriate gender, according to the context.
23. NOTICES. The notices contemplated In this Lease shall be made In writing and shall either be delivered In person, or be
mailed In the U.S. mail, certified mall to the recipient's last known mailing address, except for the notice of termination set forth In
Section 9, which shall be governed by the Code of Iowa.
24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof without prior written
authorization of Landlord.
25. ADDITIONAL PROVISIONS. See 1 in Addendum
DATED:
TENANT: LANDLORD:
Robert Bradley Michael C. Van Milligen, City Manager
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair
DATE: August 9, 2010
Dubuque
AI-Amedca City
1
2007
The retaining wall located at the intersection of Raymond Place and Maiden Lane is
failing and in a state if impending collapse. The existing wall is a concrete wall that has
Raymond Place and Maiden Lane above the wall and the 5 Street steps below the
wall. The Engineering Department has been monitoring the wall for some time. Due to
the lateral movement of the retaining wall, the abutting street pavement has settled.
There is a storm sewer line and sanitary sewer line that will need to be reconstructed
due to their close proximity to the retaining wall.
In the interest of public safety, City Engineer Gus Psihoyos recommends City Council
approval of emergency repairs to the Raymond Place /Maiden Lane retaining wall and
the associated pavement, storm sewer and sanitary sewer in the Cooper Place wall
area, and authorize solicitation of informal bids for the project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Raymond Place /Maiden Lane Retaining Wall Repair
DATE: August 10, 2010
INTRODUCTION
Dubuque
kritri
Alt- Amdlca City
'
2007
DISCUSSION
This memo requests the City Council approve the attached resolution authorizing
emergency repairs to the public retaining wall at the intersection of Raymond Place and
Maiden Lane along with the associated street pavement, storm sewer and sanitary
sewer in the Cooper Place area.
The retaining wall located at the intersection of Raymond Place and Maiden Lane is
failing and in a state of impending collapse. The existing wall is a concrete wall that has
Raymond Place and Maiden Lane above the wall and the 5 Street steps below the
wall. The Engineering Department has been monitoring the wall for some time. Due to
the lateral movement of the retaining wall, the abutting street pavement has settled.
There is a storm sewer line and sanitary sewer line that will need to be reconstructed
due to their close proximity to the retaining wall.
IIW Engineers & Surveyors, P.C. (IIW) was retained by the City of Dubuque to provide
structural engineering design and analysis of the retaining wall. Attached is the letter
from IIW recommending the immediate retaining wall repair. IIW will continue to be part
of the design, development, and construction phases of the project. With weather
permitting, this work will be completed by year -end.
Engineering will send a letter to the property owner notifying them of a special
assessment for the retaining wall. The assessment of the wall will be 50 percent (50 %)
of the cost due to the dual benefit that the City and the property owner receive with the
wall. The City has notified the property owner of the retaining wall issue previously.
There has been a disagreement between the City and the property owner on who owns
the wall. The property owner had retained the services of legal counsel. No resolution to
the ownership of the retaining wall was ever attained. The property is owned by Neil and
Katherine Kelley. Mr. Kelley has recently passed away.
BUDGET IMPACT
The Raymond Place /Maiden Lane Retaining Wall Repair will be funded by the Cooper
Wall Area Capital Improvement Project (3502088), with a current balance of $146,803.
Since the retaining wall serves both a public and private purpose, the cost of the
retaining wall repair will be split between the City and the private property owner. The
private property owner's portion will be handled through the City's assessment process.
ACTION TO BE TAKEN
In the interest of public safety, the City Council is requested to approve the emergency
repairs of the Raymond Place /Maiden Lane Retaining Wall Project and associated
pavement, storm sewer and sanitary sewer, and to solicit informal bids for the project
through adoption of the attached resolution.
Prepared By: Jon Dienst, PE
cc: Barry Lindahl, City Attorney
Bob Schiesl, Assistant City Engineer
Dennis Waugh, IIW Engineers & Surveyors, PC
RESOLUTION NO. 307-10
RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL AT THE
INTERSECTION OF RAYMOND PLACE AND MAIDEN LANE INCLUDING THE STREET
PAVEMENT, STORM SEWER AND SANITARY SEWER
Whereas, a public retaining wall adjacent to Raymond Place and Maiden Lane is failing
and the pavement on Raymond Place and Maiden Lane has collapsed as the result of the failing
public retaining wall; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause serious
Toss or injury to the city, the governing body shall, by resolution, make a finding of the necessity
to institute emergency proceedings and shall procure a certificate from a competent registered
professional engineer or architect, not in the regular employ of the city, certifying that
emergency repairs are necessary, and that in that event the governing body may contract for
emergency repairs without holding a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair,
or dismantling of a dangerous structure and if the property owner does not perform the action, in
an emergency a city may perform the action and assess the costs to the property owner.
Whereas, the City Council finds that the condition of the retaining wall is a dangerous
structure and constitutes an emergency and that an emergency repair of the retaining wall and
adjoining public street supported by the retaining wall is necessary and the delay of advertising
and a public letting might cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from a competent professional engineer
registered in the State of Iowa, not in the regular employ of the City, certifying that emergency
repairs to the retaining wall and street are necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceedings
to repair the retaining wall adjacent to Raymond Place and Maiden Lane including the street
pavement, storm sewer and sanitary sewer.
Section 2. The City Manager is hereby authorized to proceed with instituting such
emergency repairs as provided by law.
Passed, adopted and approved this 16th day of August
Attest:
eanne F. Schneider, CMC, City Clerk
010.
Roy D. Buol, Mayor
Masterpiece on the Mississippi
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(OASIS), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate Information available, OASIS and
it's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, Incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, ansing out of the authonzed or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
Raymond Place Retaining Wall
1 inch = 80 feet
80 40 0
Project Location
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DAGIS
DUaugUE AREA GEOGRAPHIC INFORMATION SYSTEM
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Map Prepared by: TWK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
IIW ENGINEERS & SURVEYORS, P.C.
July 28, 2010
Gus Psihoyos
City of Dubuque - Engineering Department
50 West 13th Street
Dubuque, IA 52001
Re: Raymond and Cooper Place Retaining Wall
IIW Project No: 08109 -04
Dear Mr. Psihoyos:
We have observed the condition of the Raymond and Cooper Place Retaining Wall at the
intersection of Maiden Lane and Raymond Place. This wall is endangering adjacent property,
including a public sidewalk /stairway. Since it supports a street that is a principal access to several
properties, restoring the use of this street is essential for public safety, especially emergency
vehicle access. Also considering the recent heavy rains, it is necessary to replace this wall
immediately because of the imminently dangerous conditions.
Pursuant to the Emergency Work provisions of Section 384.103 of the Code of Iowa, I hereby certify
that this is necessary work for this public improvement and that delay of advertising and public
letting might cause serious Toss or injury to the City and public safety.
I hereby certify that this engineering document was prepared by me and that I am a duly licensed
Professional Engineer under the laws of the State of Iowa.
Sincerely,
IIW ENGINEERS & SURVEYORS, P.C.
Bradley J. Mootz, P.E.
Iowa Reg. No. 18076, renewal 12/31/2011
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