Correspondence re Royal Oaks Developmentl
BARRY A. LINDAHL, Es
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
DATE:
Rt.
Mayor Terrance Duggan and
Members of the City Council
May 5, 2003
Royal Oaks Development Corporation
Attached is a copy of the Indemnification Agreement I have worked out with Steve
Juergens, Attorney for Royal Oaks Development Corporation. Subject to your approval,
the Indemnification Provision should be included in the ordinance approving the zoning
reclassification.
Attachment
cc: Michael Van Milligen, City Manager
Laura Carstens, City Planner
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ@CITYOFDUBUQUE.ORG
MAY-05-2003 15:35
FUERSTE LAW FIRM 563 556 7134 P.02/03
So long as any habitable structure exists on the property, Royal Oaks Development
Corporation ("Royal Oaks") agrees to defend, indemnify and hold harmless the City of
Dubuque, its officers and employees, from and against any and all claims of
negligence of the City arising out of or related to rocks or other natural objects, falling
or being caused to fall from the bluff or park area owned by the City above or behind
the condominium project. Such claims include, but are not limited to, claims by Royal
Oaks' employees, agents, and tenants, residents of the condominium units, and their
invitees and guests. Royal Oaks' obligations hereunder may be assumed by an
association of condominium owners without the necessity of the City's consent, but
with the City's approval of the form of assumption agreement, which approval will
not be unreasonably withheld. Upon such assumption, Royal Oaks shall be relieved
of any further obligation hereunder. This Agreement shall be binding upon Royal
Oaks and its successors and assigns.
(174,
Jeanne Schneider
From: "Kevin Koch" <KKOCH@Ioras.edu>
To: <ctymgr@cityofdubuque.org>; <jschneid@cityofdubuque.org>; <jmarkham@cornerenergy.com>;
<aem10@mchsi.com>; <danielenicholson@mchsi.com>; <jconnors63@mchsi.com>;
<patriciacline@mchsi.com>; <rbuoll@mchsi.com>
Sent: Monday, April 28, 2003 9:44 AM
Subject: Eagle Point Condominium
April 25, 2003
Dear Mayor Duggan:
I hope that the City Council will reconsider its majority support for the condominium proposal along the
Mississippi.
Although the bluff land in question is private property, in a communal sense the majesty of the bluffs
belongs to all of us. In this case, the size of the building works against the landscape, not with it. From
the river, the natural bluff to the right of the building will be visually diminished in competition with the
condominium. From above, I am quite certain that the roof of the building will be visible from the
Shiras pavilion at Eagle Point Park, and the walls will be visible from at least one open-air pavilion
further back on the park road. In diminishing the public's view of the river, the magnificent view from
the condominium itself will be available to only a handful of citizens.
It is unfortunate that this issue is caught up in the question of recent zoning decisions that may have
negatively affected the city's ussinegsclimate. But each decision must rest on its own merits; the
condominium decision ought not to make up for other recent zoning decisions that concerned the
business sector.
I applaud the fact that the developer slightly downscaled the condominium in response to the zoning
board's first decision. At the very least, I would like to see the project downscaled even more. Ideally, I
would like a structure as unobtrusive as the current restaurant.
The Mississippi River is an American treasure, and the river bluffs of northeast Iowa present its greatest
majesty. We shouldn't despoil the public's treasure for the benefit of the few.
Sincerely,
Kevin Koch,
285 South Grandview
Dubuque, Iowa 52003
(556-0850) kkoch loras.edu
(author of Skiing at Midnight: A Nature Journal from Dubuque County, Iowa)
P.S.: Does the city put itself in danger of a court injunction for a scientific study of the eagle population
if we proceed too hastily?
4/28/2003