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Irrevocable Licenses for PTC LLC_1800 Elm StreetPrepared by: Return to: 1 L iii l�� l {Il llllllfllll l4l4llll lI1 # 11 L !L1 L 1 �1L1 Doc ID 007033070008 Type: GEN Kind MISCELLANEOUS Recorded: Amt: $44.00 /Pape at o 1814:50 PM Dubuque County Iowa Kathy Flynn Thurlow Recorder File2 0 11 Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563 589 -4270) Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563 589 -4270) IRREVOCABLE LICENSE AUTHORIZING PTC, LLC TO CONSTRUCT AND MAINTAIN LOADING DOCK AND GAS METER ON PUBLIC RIGHT -OF -WAY as the p jki c i l a se di the premises, in Dubuque, Iowa, and legally be and is hereby authority to construct and maintain an existinz loading dock and gas meter , (Encroachment) (see attachment for location) under the terms and conditions set forth in this License. Section 1. PTC, LLC (Licensee), known as 1 . 800 Elm Street described as see attached granted an Irrevocable License and 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, Inability 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. 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 lath day of April 20 3.1 oy D. Buol, Mayor Atttt: /"' , ).eanne F. Schneider, CMC, City Clerk State of Iowa ) ss: County of Dubuque ) On this )5 day of , 2...c2/( , before me, the undersigned, a Notary Pijb lie in and for t e 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 sea)ed on bphalf of the corporation, by authority of its City Council on the / 4 / of/7/,47 , . , and Roy D. Buol and Jeanne F. Schneider acknowledged the Gecution of the instrument to be their voluntary act and deed. SUSAN M. WINTER 01 NO.183274 COMMISSION EXPIF?ES 2/11/14 otary Pue is in and for said State Signature requires notary ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of PTC, 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. LICENSEE: PTC. LLC Signature By: Stephen W. Scott Title: Attorney for PTC, LLC Dated: 4-6-11 ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUI" UQUE ) On this day of April , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Scott (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) CAPACITY CLAIMED Y SIGNER INDIVIDUAL CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): PTC, LLC sign in ink) (print/type name) Notary Public in and for State of Iowa LIMITED GENERAL ATTORNEY-1N-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ATTORNEY-AT-LAW FOR PTC, LLC (Title) 0.43, • ,-34334.3 4 4 .34 ,- ...4,42A-4T43.433443 : \ 1- CJ 9 Sr.0!31'40 .746E341 c,261 " E 'PIRES atIveinrow' ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of PTC, 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. Signature requires notary LICENSEE: PTC, LLC_ Signature By: Peter,,'. Clarke, Pres. / Manager Title: President & Manager - Member Dated: April 2011 c.4 ALL PURPOSE ACKNOWLEDGMENT STATE OF -10W /1104c-is c6' COUNTY OF DUBUQUE ) .scd e On this day of April_ , 2044, before me, the undersigned, a Notary Public in and for said State, personally appeared PQtor T. C'1 arka (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 Seat) GENERAL N NANCY J k POI - a My Comm. Exp. Feb. 2, 2013 SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Peter T. Clarke for PTC,LLC CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED sign €n Mk) l U I? / 1 . ' hi (print/type name) Notary Public in and for State ofNewa. Al s k PARTNER(S) LIMITED GENERAL ATTORNEY -I N -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER -- President, Manager and Member of PTC, LLC ' 64 1 CITY OF DUBUQUE EXHIBIT A JACOBSON'S INC. LEASE r m Wi a psl5 I 51 .2 17 — ry— akas'-- i 1713oc(% � j ° ... N () a 3189' conc.. pads ts PINE 5T, 1800 ELM 1024277001 LOTS 167, 168, 169, 170, 171, 232, 233, 234, 235 & 236 IN EAST DUBUQUE ADD r r r r- 0 •0 m )r1 V n p tn c • -•1 00 0 VACATED ALLEY 256' > -1 LEASE AREA 5 z r r N r3 In p. &a7 51.2 1�1c�tr� �ti O C 004 tr. C rz 1 20,400 a4.1l. ...Fe, ; r ./.:' i 12 - --. -vr � .sr•r -:; - ••' - �; - _ 3 , -^-` Z;rr xs•_i a l _c•��. 1 i ]c /.d 1t R. ri p r ...". , i;h?ti 4� 'n � G B � q Ft 1 9 .tlary /LJt /a/ �wf�n r : • p 'r• \ '' C O ; P,in fq l:ad.r f Ciii /r�C AArJ El...,..--•-•71 I. • C e , • N '4 -,..1 '1 rC h " I a; , Ti' ' i7, n S hb k, , 31 , • 1 .. y t • � • 1. . :. /.. 1. . _ •If ~,fir .1 . • i1 a '4, 1, 1 \ • i, '•Z b S. : a , 'rf /. j: E . A x .. + l%' e ,,t-J +,,, r � .. 1 r Y. t 1 • 1 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: PTC LLC - 1800 Elm Street Irrevocable License DATE: April 12, 2011 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer / /2A Michael C. Van Milligen Dubuque All- America City 2007 City Engineer Gus Psihoyos recommends City Council approval of Irrevocable Licenses for PTC LLC to keep and maintain the existing encroachments of the loading dock, gas meter and protective pillars in the public right -of -way of Pine Street behind the Eagle Country Market on 1800 Elm Street. These encroachments have been at their existing location for the past 25 years. Attorney Stephen Scott has submitted an Application for Irrevocable License on behalf of PTC LLC, as a condition of its intended purchase of the Eagle store real estate from Jacobsons Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer SUBJECT: PTC LLC. 1800 Elm Street Irrevocable License DATE: April 11, 2011 INTRODUCTION DISCUSSION Dubu bittd A14malcacb 2007 This is in response to a request from PTC LLC to maintain an existing encroachment into the City's rights -of -way. The encroachments are a loading dock, gas meter and protective pillars located on Pine Street behind the Eagle Country store. Attorney Stephen Scott has submitted on behalf of PTC LLC, the Application of Irrevocable License, as a condition of its intended purchase of the Eagle store real estate from Jacobsons, Inc. The license is for the existing loading dock, gas meter and protective pillars into the right -of -way of Pine Street. These encroachments have been at their existing location for the past 25 years. In 1985 a lease was entered into between the City of Dubuque and Jacobson's for Pine Street from south side of 19 to south side of 18 Street with a subsequent vacation of 18 Street from Pine to Elm Streets with easements for properties south of 18 Street and east of Pine, which are now owned by B & M Properties and Storage, LLC, and Marde Enterprises. Adjacent property owners, B &M Properties & Storage, LLC and Marde Enterprises have consented in writing to this irrevocable license. The existing encroachments affect approximately 19' of the 64' right -of -way. Keeping the dock in its present location will continue to assist operations of the store, allow the same vehicular travel, and be out of sight for the neighbors and public. Required documents that have been received include the Irrevocable License Application; signed Acceptance of Terms; letter of request from Attorney Stephen Scott with background and history information, a copy of the abutting owner consents, and easement agreements for ingress and egress to the respective properties of B &M Properties and Marde Enterprises. As a condition of the license a certificate of insurance meeting City guidelines will be submitted, once PTC LLC becomes owner of the building. The Engineering Department , City Attorney, Barry Lindahl and Assistant City Attorney, Tim O'Brien, have reviewed the material and have found them all to be in accordance with City standards. ACTION TO BE TAKEN It is requested that the Irrevocable Licenses for PTC LLC, to keep and maintain the existing encroachments of the loading dock, gas meter and protective pillars in the public right -of -way of Pine Street, be approved. Prepared by: Jane Smith cc: Barry Lindahl, City Attorney Tim O'Brien, Assistant City Attorney Attorney Stephen Scott Ron Turner, RLS Prepared by: Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563 589 -4270) Gus Psihoyos, City Engineer, City of Dubuque, 50 W. l3`h Street, Dubuque, IA 52001 (563 589 -4270) IRREVOCABLE LICENSE AUTHORIZING PTC, LLC TO CONSTRUCT AND MAINTAIN LOADING DOCK AND GAS METER ON PUBLIC RIGHT -OF -WAY P TC, LLC a s the pi of .the remises, Section 1. p (Licensee), known as 1800 Elm Street in Dubuque, Iowa, and legally described as see attached be and is hereby granted an Irrevocable License and authority to construct and maintain an existing loading dock and gas meter , (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; 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, Toss, 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. 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 18th day of April anne F. Schneider, CMC, City Clerk 20 oy D. Buol, Mayor State of Iowa ) ) ss: County of Dubuque ) i e., i t he undersi ned On this day of �/ Loft ,before me, undersigned, a Notary Public in and for t e 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 sea -d on . - half of the 9orporation, by authority of its City Council on the %f day o >/./A• , and Roy D. Buol and Jeanne F. Schneider acknowledged the - ecution of the instrument to be their voluntary act and deed. SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 otary Pu • is in and for said State The undersigned, being duly authorized to execute this Acceptance on behalf of PTC, 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. Signature requires notary ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE LICENSEE: PTC, LLC Signature By: Stephen W. Scott Title: Attorney for PTC, LLC Dated: 4 -6 -11 ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this day of April , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Scott (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) CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): PTC, LLC &,(4/ % t 4 /4.4f(sign in ink) 5G/,/ /7 !%g( /s (print/type name) Notary Public in a d for State of Iowa PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) _ GUARDIAN /CONSERVATOR X OTHER ATTORNEY -AT -LAW FOR PTC, LLC (Title) SWAN j'lh^AuS COMMIS siQI4 NO.746841 MY C .4ic E TIRES dair ti R *1AL • yaw. Stephen W. Scott Darin S. I larmont Dean J. Konrardy* Cory R. Thein Brian W. Peters Douglas Q. Davis, I1 Amy E. Wesner ** Of Counsel Arnold J. Van Etten David F. Setter *Also licensed in Illinois tAlso licensed in Wisconsin * *Licensed in Wisconsin & New Jersey only Michael Van Milligan City Manager City Hall Dubuque, IA 52001 KINTZINGER LAW FIRM, P.L.C An Iowa Professional Limited Company Established in 1897 ATTORNEYS AT LAW DUBUQUE OFFICE 100 West 12 Street P. O. Box 703 Dubuque, Iowa 52004 -0703 Thursday, April 7, 2011 Telephone 563 -588 -0547 Facsimile 563 -588 -1981 Website kintzlaw.com Charles A. Kintzinger (1925 -1999) Re: Application for Irrevocable License — Eagle Grocery Store — 1800 Elm Street Dear Mr. Van Milligan: We are submitting this letter and the attached materials as the Application of PTC LLC for an Irrevocable License concerning an encroachment into Pine Street. BACKGROUND PTC LLC is buying the Eagle store real estate from Jacobsons, Inc., conditioned upon acquiring an irrevocable license for the loading dock and gas meter located in the Pine Street right of way. The dock and meter have been in their current location for over 25 years. They are shown in the photos attached. This location for the loading dock is convenient not only for the operation of the grocery store, but for the neighbors and the public. It concentrates the unloading operations to an area not frequently used by the public or the neighbors. It will allow the same vehicular travel to continue as it has for the last 25 years. The easement will affect about 19 feet of the 64 -foot right of way, including the protective posts. APPLICANT Applicant is PTC LLC, an Iowa Limited Liability Company, established to acquire the Eagle Country Market Food Store real estate at 1800 Elm Street. The manager of PTC LLC is Peter Clarke. Mr. Clarke is also the president of Downtown April 7, 2011 Page 2 Eagle, Inc., who has been operating the Eagle Country Market at 1800 Elm Street since acquiring the food store lease from the bankruptcy court. When the former proprietor of the Eagle Country Market went out of business in a bankruptcy, the Bankruptcy Court assigned the lease for operating the store to Downtown Eagle, Inc. REAL ESTATE OWNERSHIP The property at 1800 Elm Street is currently owned by Jacobsons, Inc., who leases the store to Downtown Eagle, Inc. Jacobsons, Inc. acquired the property in 1955. The building was remodeled and expanded in the mid 1980's, and Jacobsons entered a long -term lease with Lucky Stores, who assigned that lease to Eagle Country Market. ENCROACHMENT The encroachments have been in existence for about 25 years, since the remodeling/expansion. When the remodeling/expansion was undertaken, a loading dock about 16' x 32' was added on the east side of the building. This dock encroached into the right of way of Pine Street, a 64- foot -wide public street. With the protective posts at the corners of the dock, the encroachment is about 19 feet. In 1985, a Lease was entered between the City of Dubuque and Jacobsons, Inc. Jacobsons leased Pine Street from the south side of 19t Street to the south side of 18 Street. Express provision was made for the existence of the loading dock, which was permitted to remain for the length of the Lease. The dock was show on a plat which is attached to this Application and the License. The Lease (10 years, plus three 5 -year options) expired in September, 2010. According to the terms of the Lease, the dock is to be removed when the lease terminates. As part of the expansion project in 1985, the City vacated 18 Street from Elm Street to Pine Street and conveyed that property to Jacobson's, Inc. As part of that transaction, Jacobsons, Inc., gave easements for right -of -way to the properties located south of 18 Street and east of Pine St., which properties are now owned by B & M Properties and Storage, LLC, and Marde Enterprises respectively. Note: Although no express provision was made for the gas meter at the northeast corner of the building, the gas meter was noted on the diagrams /plats made in 1985 when the loading dock issue was resolved. The meter also appears to encroach into the Pine Street right of way. Z: \Users \Sue\clarke michael van millgan.lt April 7, 2011 Page 3 CONSENT OF ADJACENT PROPERTY OWNERS The adjacent property owners have consented in writing to this irrevocable license. The owner to the east, B & M Properties and Storage, LLC, needs access over Pine Street for ingress and egress to a gate at the southern end of their property. The owner to the south, Marde Enterprises, a partnership, uses Pine Street to access the eastern part of their property. I discussed this submission with the city attorney who felt that it could be done on a conditional basis, based upon PTC, LLC wiring the property from Jacobson's Inc. As we do not yet own the building, we do not have it insured. Prior to the issuance of the license, we will comply with all insurance obligations required as that would obviously be a requirement before the license is granted. If there is anything else that you need, please let me know. Yours truly, KINTZINGER LAW FIRM, P.L.C. SWS/ cc: Attorney Barry Lindahl City Engineering Dept. Z. \Users \Sue\clarke michael van milligen.lt By: 64 CITY OF DUBUQUE EXHIBIT A JACOBSON'S INC. LEASE 51.2 r v N r W posts 51.2 f / -- 17 r" 41,;5 ----► I DOCK - _" i y // / -� 71.89 conc. pads PINE ST. - VACATED ALLEY 256' •8 -13 -85 scale 1= 0 4 LEASE AREA 0' m m N — 1 b v 0 z 51.2 0 0 N 0.. • 1 20,400 sq. It, re. ef S: .,: /0 r.72 ,— .6 ^-� - -�., •.^, . - •su L.:, • 1, ;I^ \ .% '' uU 4 a 1,or.r Age ti a �ir:Jdinp ✓ D //„e 4 1r0 .1. > Co rr �n /r✓Cor n r,..1 a 4. , • , �~. / � O X 7 1 .. t. ..:1 ' Q 1 . � o . 0 p _ .. J ,. r e ' 0 ' w CO C I\, Y 'qe ,. -mil_ J . . 1 , , ( . • - 9 _ • • • • /2 • CONSENT TO PERMANENT LICENSE ON PINE STREET WHEREAS, B & M Properties and Storage, LLC, is the owner of real estate located to the east of Pine Street in Dubuque, Iowa, and uses part of Pine Street as well as a non - exclusive easement over the middle 26 feet of vacated 18` Street to access its property; and WHEREAS, Marde Enterprises is the owner of real estate located to the south of Pine Street in Dubuque, Iowa, and uses part of Pine Street as well as a non - exclusive easement over the middle 26 feet of vacated 18` Street and an exclusive easement over the south 19 feet of vacated 18` Street to access its property; and WHEREAS, for approximately 25 years, there has been an encroachment into the Pine Street right -of -way for the placement of a gas meter and protective pillars at the northeast corner of the Eagle Country Market building and an encroachment into Pine Street for the placement of an enclosed loading dock and protective pillars on the easterly side of the Eagle Country Market building; and WHEREAS, B & M Properties and Storage, LLC, and Marde Enterprises are aware of the enclosed loading dock on the easterly side of the Eagle Country Market building which encroaches into the Pine Street right -of -way for approximately 16 feet as well as the gas meter on the northeasterly corner of the Eagle Country Market building which encroaches into Pine Street; and WHEREAS, B & M Properties and Storage, LLC, and Marde Enterprises have no objection to the City of Dubuque, Iowa, granting a permanent license to the owner of the Eagle Country Market's property to permit the gas meter and the loading dock as currently exist to encroach into Pine Street on a permanent basis so long as the remainder of the Pine Street, including the intersection of Pine Street and previously vacated 18` Street remains a public road which provides them access to their respective properties; and WHEREAS, the approximate location of the loading dock and gas meter permitted by the proposed permanent license is reflected on attached Exhibit "A," IT IS THEREFORE AGREED that B & M Properties and Storage, LLC, and Marde Enterprises do not object to the City of Dubuque, Iowa, granting a permanent license to the entity owning and operating the real estate currently locally known as the Eagle Country Market located between 19` Street and vacated 18` Street, and Elm Street and Pine Street, upon the condition that the remainder of Pine Street, including the intersection of Pine Street and previously vacated 18` Street, remain a public city street and that Marde Enterprises and B & M Properties and Storage, LLC, retain their rights of ingress and egress as provided in an easement agreement dated October 21, 1985, filed on October 29, 1985, as Inst. No. 8790 -85, records of Dubuque County, Iowa, and attached hereto as Exhibit `B ". The undersigned execute this Consent to confirm to the City of Dubuque that they will not lodge any future objections to the ability of Jacobsen' s, Inc., PTC, LLC, or any future owner of the property locally known as the Eagle Country Market at 1800 Elm Street from obtaining and using a permanent license for the loading dock and gas meter on and above Pine Street, as depicted in attached Exhibit "A" which encroachment has been present in Pine Street for approximately 25 years This consent may be executed in multiple counterparts rather than on a single document, but shall not be binding unless both parties have consented to this permanent license. Marde Enterprises, an Iowa partnership B & M Properties and Storage, LLC By By Phillip L. Mihalakis, Partner Crai j; itbach, Manager /Member STATE OF IOWA DUBUQUE COUNTY This instrument was acknowledged before me on , 2011, by Phillip L. Mihalakis as Partner of Marde Enterprises, on behalf of whom the instrument was executed. STATE OF IOWA MICHELE MEANS Notari& Seal - Iowa emission 18!1887 M Comma aion Expires Z. \Users\Sue \Clarke Peter B&M -Marde agree.re ) ) ) ) ) ss. L.:\ w\ COUNTY ) ss. Notary Public in and for the State of Iowa r. This instrument was acknowledged before me on 11 COldk 3 , 2011, by Craig Breitbach, Manager /Member of B & M Properties and Storage, LLC., on behalf of whom the instrument was executed Notary Public in and for the State of Iowa MARDE ENTERP. v k— T K I f 64 a n 1 51.2 51.2 r r CJ N ELM ST 0 posts / - n a � DOCK o• 31.84. O conc. pods PINE ST. P .o VACATED ALLEY 256' 20,400 sq, 11. /V7 32' n ..., B &M PROPERTIES EXHIBIT "A" a 0 z 5 V 51.2' C) P GAS METER 51.2' r ef October EASEMENT AGREEMENT This AGREEMENT is entered into this 21st day of 1985, between JACOBSONS, INC., an Iowa corporation (hereinafter "Grantor ") and THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL (hereinafter "Society ") and WALSER MOVERS, INC. (hereinafter "Walser "). FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, conveys and assigns to Society, Walser and their successors and assigns, a nonexclusive easement over the following described property of Grantor: A strip of property 26 feet in width which may be moved from time to time, immediately east of Elm Street and running to Pine Street in the approximate location of vacated 18th Street. This nonexclusive easement shall be for the purpose of providing Society and Walser, ingress and egress to and from, whether by pedestrian or vehicular traffic, to their respectively owned properties. Society and Walser shall be kept informed of the exact location of the easement at all times. Notwithstanding the above description, the nonexclusive easement and exclusive easement given below shall be adjacent and continguous. Additionally, for valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, conveys and assigns to Society and its successors and assigns, an exclusive easement over the following described property of Grantor: A strip of property which runs the length of the existing warehouse on Lot 231 in "East Dubuque" an addition to the City of Dubuque, Iowa, and is 19 feet in depth and said strip of property lies in vacated 18th Street. This exclusive easement shall be for the purpose of providing Society, ingress and egress, whether by pedestrian or vehicular traffic, to their warehouse located on Lot 231 in "East Dubuque" an addition to the City of Dubuque, Iowa. EXHIBIT "B" The terms of the above easements shall be perpetual from the date hereof. Grantor and its successors and assigns agree to main- tain, at their expense, the property over which the nonexclusive easement is given, except if any specific damage is specifically caused by either Society or Walser, then that damage should specifically be repaired and replaced by the party committing the damage. Grantor shall have no duty to police or enforce this easement. No person, firm or corporation shall ever take any action or make any use of the easement property which would interfere with the ingress and egress rights granted to Society and Walser under this Agreement. This Easement Agreement shall be deemed to be a covenant running with the title to the land and shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. JACOB ONS, INC., an I +wa corporation �/� . i d By By o n L. hula GRANTOR THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL GRANTEE Secretary • STATE OF IOWA ) ss: COUNTY OF DUBUQUE ). STATE OF IOWA ) ss: COUNTY OF DUBUQUE WALSER MOVERS, INC. By President B a- J L (.� Yi act GRANTEE 411, N.'ary Public in and for the State of Iowa r tr:- . FI SSION WIRES Waft 15. MS Secretary On this ' 8 day of oc-f , A.D. , 1985, before me, t e undersigned, a Notary Public in and for the State of Iowa, personally appeared John L. Shulan, to me per- sonally known,,who, being by me duly sworn, did say that he is the (/re;6 /4.‘5'44.1,T , of JACOBSONS, INC., executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said John L. Shulan as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. On this 21st day of October 19R , A.D., 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Zeno Tranel. President and Gene Sullivan, Secretary , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Z - 11. ore -11 and Gene Sullivan. Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. . ':1:11.11 STATE OF IOWA ) ss: COUNTY OF DUBUQUE On this j'7th day of De A.D., 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bab loam- and != /(n n ( . (,Ud S G r , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of WALSER MOVERS, INC. executing the within and foregoing instrument, that (no seal has been procured by the said) ( - - - - - •e ) corporation; that said instrument was signed (,a-ad sc lcd) on behalf of said corporation by authority of its Board of Directors; and that the said Walser and rimn,)r (1 . 1 f l/1k i'r as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Pu•e'i in and f State of Iowa Mary E. Beitzel z FIT CONSENT TO PERMANENT LICENSE ON PINE STREET WHEREAS, B & M Properties and Storage, LLC, is the owner of real estate located to the east of Pine Street in Dubuque, Iowa, and uses part of Pine Street as well as a non - exclusive easement over the middle 26 feet of vacated 18 Street to access its property; and WHEREAS, Marde Enterprises is the owner of real estate located to the south of Pine Street in Dubuque, Iowa, and uses part of Pine Street as well as a non - exclusive easement over the middle 26 feet of vacated 1 8t Street and an exclusive easement over the south 19 feet of vacated 18 Street to access its property; and WHEREAS, for approximately 25 years, there has been an encroachment into the Pine Street right -of -way for the placement of a gas meter and protective pillars at the northeast corner of the Eagle Country Market building and an encroachment into Pine Street for the placement of an enclosed loading dock and protective pillars on the easterly side of the Eagle Country Market building; and WHEREAS, B & M Properties and Storage, LLC, and Marde Enterprises are aware of the enclosed loading dock on the easterly side of the Eagle Country Market building which encroaches into the Pine Street right -of -way for approximately 16 feet as well as the gas meter on the northeasterly corner of the Eagle Country Market building which encroaches into Pine Street; and WHEREAS, B & M Properties and Storage, LLC, and Marde Enterprises have no objection to the City of Dubuque, Iowa, granting a permanent license to the owner of the Eagle Country Market's property to permit the gas meter and the loading dock as currently exist to encroach into Pine Street on a permanent basis so long as the remainder of the Pine Street, including the intersection of Pine Street and previously vacated 18 Street remains a public road which provides them access to their respective properties; and WHEREAS, the approximate location of the loading dock and gas meter permitted by the proposed permanent license is reflected on attached Exhibit "A," IT IS THEREFORE AGREED that B & M Properties and Storage, LLC, and Marde Enterprises do not object to the City of Dubuque, Iowa, granting a permanent license to the entity owning and operating the real estate currently locally known as the Eagle Country Market located between 19 Street and vacated 18t Street, and Elm Street and Pine Street, upon the condition that the remainder of Pine Street, including the intersection of Pine Street and previously vacated 18 Street, remain a public city street and that Marde Enterprises and B & M Properties and Storage, LLC, retain their rights of ingress and egress as provided in an easement agreement dated October 21, 1985, filed on October 29, 1985, as Inst. No. 8790 -85, records of Dubuque County, Iowa, and attached hereto as Exhibit `B ". The undersigned execute this Consent to confirm to the City of Dubuque that they will not lodge any future objections to the ability of Jacobsen' s, Inc., PTC, LLC, or any future owner of the property locally known as the Eagle Country Market at 1800 Elm Street from obtaining and using a permanent license for the loading dock and gas meter on and above Pine Street, as depicted in attached Exhibit "A" which encroachment has been present in Pine Street for approximately 25 years This consent may be executed in multiple counterparts rather than on a single document, but shall not be binding unless both parties have consented to this permanent license. Marde Enterprises, an Iowa partnership B & M Properties and Storage, LLC STATE OF IOWA DUBUQUE COUNTY STEPHEN W. SCOTT 2 COMMISSION NUMBER 405725 ow), MY COMMISSION EXPIRES STATE F I Wk Z. \Users\Sue \Clarke Peter B &M -Marde agree.re ) ) ) ss. By Craig J. Breitbach, Manager /Member This instrument was acknowledged before me on / r % / 7 , 2011, by Phillip L. Mihalakis as Partner of Marde Enterprises, on behalf of whom the instrument was executed. ) ) ss. COUNTY ) N ary Public in and for the State of Iowa This instrument was acknowledged before me on , 2011, by Craig Breitbach, Manager/Member of B & M Properties and Storage, LLC., on behalf of whom the instrument was executed. Notary Public in and for the State of Iowa 64 o. 1 r.l 1 N 51. 51.2 1 �iI / /� " 31.84 PINE ST. ELM ST VACATED ALLEY 256 posts u conc. pads B &M PROPERTIES EXHIBIT "A" m cn 51.2 51.2' r N V P GAS METER 20,400 sq. it. �� f 'S° t••• r N o� A October EASEMENT AGREEMENT This AGREEMENT is entered into this 21st day of , 1985, between JACOBSONS, INC., an Iowa corporation (hereinafter "Grantor ") and THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL (hereinafter "Society ") and WALSER MOVERS, INC. (hereinafter "Walser "). A strip of property which runs the length of the existing warehouse on Lot 231 in "East Dubuque" an addition to the City of Dubuque, Iowa, and is 19 feet in depth and said strip of property lies in vacated 18th Street. EXHIBIT `B" FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, conveys and assigns to Society, Walser and their successors and assigns, a nonexclusive easement over the following described property of Grantor: A strip of property 26 feet in width which may be moved from time to time, immediately east of Elm Street and running to Pine Street in the approximate location of vacated 18th Street. This nonexclusive easement shall be for the purpose of providing Society and Walser, ingress and egress to and from, whether by pedestrian or vehicular traffic, to their respectively owned properties. Society and Walser shall be kept informed of the exact location of the easement at all times. Notwithstanding the above description, the nonexclusive easement and exclusive easement given below shall be adjacent and continguous. Additionally, for valuable consideration, receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, conveys and assigns to Society and its successors and assigns, an exclusive easement over the following described property of Grantor: This exclusive easement shall be for the purpose of providing Society, ingress and egress, whether by pedestrian or vehicular traffic, to their warehouse located on Lot 231 in "East Dubuque" an addition to the City of Dubuque, Iowa. The terms of the above easements shall be perpetual from the date hereof. Grantor and its successors and assigns agree to main- tain, at their expense, the property over which the nonexclusive easement is given, except if any specific damage is specifically caused by either Society or Walser, then that damage should specifically be repaired and replaced by the party committing the damage. Grantor shall have no duty to police or enforce this easement. No person, firm or corporation shall ever take any action or make any use of the easement property which would interfere with the ingress and egress rights granted to Society and Walser under this Agreement. This Easement Agreement shall be deemed to be a covenant running with the title to the land and shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. JACOB ONS, INC., an Ipwa corporation By THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL n L. hula GRANTOR GRANTEE STATE OF IOWA ) ss: COUNTY OF DUBUQUE ). STATE OF IOWA ) ss: COUNTY OF DUBUQUE WALSER MOVERS, INC. By By President eb . LV yr 2Lat.-h- GRANTEE On this ` 10 ` day of dc-7�oGc�..., , A.D. , 1985, before me, thhe undersigned, a Notary Public in and for the State of Iowa, personally appeared John L. Shulan, to me per- sonally known,,who, being by me duly sworn, did say that he is the (/ie //ixs - , of JACOBSONS, INC., executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said John L. Shulan as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. dir Nr ary Public in and for the State of Iowa M . CO N MIIS$ ON WIRES September 15,1* Secretary On this 21st day of Octnher 19F , A.D., 1985, before me, the undersigned, a Notary Public in an for the State of Iowa, personally appeared Zeno Travel. President and Gene Sullivan, Secretary , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of THE SOCIETY OF ST. VINCENT DEPAUL DISTRICT COUNCIL executing the within and foregoing instrument, .that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Z -.. . ie and Gene Sullivan, Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. , q ()//?(/, N otary Pu •e►i in and f State of Iowa Mary E. Beitzel • ! .x;11.11 • ')(,1 STATE OF IOWA ) • ss: COUNTY OF DUBUQUE On this )'7 +h day of OC htr A.D., 1985, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ?rib wow- and != /Patnip,- C. j , ( )QlcGr , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of WALSER MOVERS, INC. executing the within and foregoing instrument, that (no seal has been procured by the said) ( - . —Q 3id) corporation; that said instrument was signed (,and scaled) on behalf of said corporation by authority of its Board of Directors; and that the said is9)-, wa /sex- and r I </1 n(1 ✓ n. 11)i1,j'r as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Prepared by: Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563 589 -4270) Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13` Street, Dubuque, IA 52001 (563 589 -4270) AUTHORIZING PTC, LLC IRREVOCABLE LICENSE TO CONSTRUCT AND MAINTAIN LOADING DOCK AND GAS METER ON PUBLIC RIGHT -OF -WAY Section 1. PTC, LLC as the P aike r aille lase d the premises, (Licensee), known as 1800 Elm Street in Dubuque, Iowa, and legally described as see attached be and is hereby granted an Irrevocable License and authority to construct and maintain an existing loading dock and gas meter , (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; 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, Toss, 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. 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. Attest: Signed this day of , 20 Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor State of Iowa ) ) ss: County of Dubuque ) On this day of , 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 , , 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 The undersigned, being duly authorized to execute this Acceptance on behalf of PTC, 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. Signature requires notary ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE LICENSEE: PTC, LLC Signature By: Stephen W. Scott Title: Attorney for PTC, LLC Dated: 4 -6 -11 ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this day of April , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Stephen W. Scott (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) C((.W ,)41 `: // CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (CORP SEAL) AFFIXED NO SEAL PROCURED _ ATTORNEY -IN -FACT TRUSTEE(S) _ GUARDIAN /CONSERVATOR x OTHER ATTORNEY -AT -LAW FOR PTC, LLC SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): PTC, LLC l i(; t j (sign in ink) Notary Public in and for State of Iowa PARTNER(S) LIMITED GENERAL t /474/5 (print/type name) (Title) SLSa�! - Oi-4US COfilkAISS;C ?J NO.746841 MY C;�,`f.,4; <;��ON PIRES f Checklist of Required Items for Irrevocable Encroachment of Public Right -of -Way Project Description: Letter of Application Application License Insurance Certificate Drawing w /Dimensions & Right -Of -Way License Fee Submitted: Use Attached Detail Drawing sheet or scale Plan of your choice ($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 City Manager. STANDARD FORM FOR "IRREVOCABLE" ENCROACHMENT LICENSE 06:25:08 CITY OF DUBUQUE EXHIBIT A JACOBSON'S INC. LEASE 64 51.2 r V 0 r Ca CJ posts 51.2 _ 1'— 41•;5' -1• I /DOCK 1 •' /// , _j. 3I89 conc. pads PINE ST. - r '0 VACATED ALLEY 256' r N LEASE AREA 1 20,400 sq, 11. .ecf s!o /•v /Lie i o i 19u/%dinp . i O r • nfn.r , .irr e C erye/rdC..nr1-J =-`---..'.■ v •. •0 n• o C q ti ° c am t. 6 IS 1 u o II"`,' 0 4 •, . 14'y` p ' S. 111.1 0 't, \ 1 ♦_,, G. O 1 ,10- ,_ N it NI i� N l� `4,1 .. �) y n N� � e , v 4 O 0 .. :: j 0.,, , C ZC at C w 1 fit' 1 11 .._ 1 • I .8-12-85 scale 1 � 1 0' m 1 N CJ �n C 1 N7 nr m N — co c 0 0 0' v 51.2 r N CJ 0• Cos 51.2 tl eftr 0 N 0� 0 0 0 • • • 1 INSURANCE SCHEDULE A INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. PTC, LLC _ shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunity Endorsements. 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. PTC, LLC a) COMMERCIAL GENERAL LIABILITY shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement: General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 This coverage shall be written on an occurrence, not a claims made form. Form CG 25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 0001, or Business Owners form BP 0002, shall be clearly identified. 1 of 2 January 2008 INSURANCE SCHEDULE A (Continued) INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE Governmental Immunity Endorsement identical or equivalent to form attached. Additional Insured Requirement: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies using ISO endorsement CG 20 26 0704 "Additional Insured — Designated Person or Organization," or it's equivalent. — See Specimen b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $100,000 Each Employee — Disease $100,000 Policy Limit — Disease $500,000 c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Coverage to be determined on a case by case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured 20 26 07 04 ❑ Governmental Immunities Endorsement 2 of 2 January 2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POL CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR ADO'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM/DDNY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Zip Code INSURER A Insurance Company EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50, 000 INSURER D I CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL IL ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER. 71 i 7 POLICY ) JEC F1 LOC PRODUCTS - COMP /OP AGG $ 1,000,000 A AUTOMOBILE X UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROP ERTY DAMAGE (Per accident) $ ' GARAGE LIABILITY 1 ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN F1� ACC $ AUTO ONLY AGG S EXCESS/UMBRELLA 7 LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 0 SFECIIIII e A EACH OCCURRENCE $ _ AGGREGATE $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below STATU OTH X I TORY LIMITS I ER E L EACH ACCIDENT $ 100,000 E L. DISEASE - EA EMPLOYEE $ 100,000 E 1. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHtCLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Dubuque is listed as an additional insured on general liability policies using ISO endorsement form CG 2026 0704 "Additional Insured - Designated Person or Organization" or its equivalent. General Liability policy is primary & non - contributing, Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included- Governmental immunities endorsement is included. ACORD CERTIFICATE OF LIABILITY INSURANCE 047E(MM /DD/YYYY) 12/7/2007 PRODUCER (563) 123 -4567 Insurance Agency B cy Street Address City ST FAX (563) 987 -6543 Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Company Street City St Zip Code INSURER A Insurance Company INSURER 6 INSURER C INSURER D INSURERE COVERAGES CERTIFICATE HOLDER City of Dubuque 50 West 13th Street Dubuque, IA 52001 ACORD 25 (2001/08) NS025 (woe) 06 AMS CANCELLATION AUTHORIZED REPRESENTATIVE VMP Mortgage Solutions, Inc (800)327 - 0545 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. C ACORD CORPORATION 1988 Page 1 of 2 ACORD 25 (2001!08) INS025 (omoa)oa AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. SPEC N sched Page 2 oft POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 Designated Location(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products - completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 04 03 97 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 © ISO Properties, Inc., 2004 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1 Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008