Dubuque Main Street Farmer's Market Banner DesignPrepared by:
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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)
REVOCABLE LICENSE
AUTHORIZING Dubuque Main Street on behalf of Dubuque Farmers' Market
TO CONSTRUCT: Ten Dubuque Farmers' Market banners
ON PUBLIC RIGHT -OF -WAY
Section 1. Dubuque Main Street as the owner tenant of the premises,
(Licensee), known as 1069 Main Street in Dubuque, Iowa, and legally described as
Unit 2 of Upper Main Street Condominiums Located on City Lots 39, 40, 40A North
43'2 " -41, south 8' -41, 42 & 42A be and is hereby granted a Revocable License and
authority to construct and maintain Dubuque Farmers' Market banners ,
(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, 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: ten
Dubuque Farmers' Market banners on the existing Tight poles on the
block around Dubuque's City Hall on Central Avenue, 12 Street, 13
Street, Iowa Street, and the pole between City Hall and the building to
its south (1256 Iowa Street).
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, Licensee, or its successors in interest, 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.
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.
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.
/�r
Signed this U day of ( , 20 /
Attest:
Kevin S. Firn- ahl, Acting City ' erk
Mic ael C. Van Milligen, City Manager
) ss:
County of Dubuque )
State of Iowa
On this & V-IL day of �V7 before me, the
g
undersi ned, a Notary Public in and for th of Iowa, personally appeared Michael
C. Van Milligen and Kevin S. Firnstahl, to me personally known, who, being by me duly
sworn, did say that they are the City Manager and Acting 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, e . - - ' _ -' - = - • • , on the ,?
day of , and Michael C. Van Milligen and Kevin S. Firnstahl
acknowledg d the execution of the instrument to be their , olunta d dee
Notary Public in and for said State
,0° L s SUSAN M. WINTER
COMMISSION NO.183274
• MY COMMISSION EXPIRES
2/14/14
10w
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned eing ,duly authorized to execute this Acceptance on behalf of
�ti� � � qv\ v ('� c w ���� , and having read and being familiar with the
terms and conditions of the Revocable License for itself, its successors or assigns,
accepts the same and agrees to be bound by the terms and conditions herein.
LICENSEE:
Signature
By: R '1 (✓_, I LI 1. 8, G h L
Title: Fk � to ti D
Dated: 6. 13/ 2_
Signature requires notary — Use "All Purpose Acknowledgement" on next page
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this /3 day of M 4j , 201/ , before me, the undersigned, a
Notary Public in and for said State, personally appeared P/1NIE 1 - 613ian C
(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.
LY a � ., ,idd -L. {sign in ink)
Notarial
Commission Nu ber - 74154 / /
My Commission Expires J )/ — I y'f l I t 2 ''k ( print/type name)
Notary Public in and for State of Iowa
`CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
SIGNER IS REPRESENTING:
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
Name of Person(s) or Entity(ies):
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Farmer's Market Banner
DATE: May 4, 2011
Assistant City Manager Cindy Steinhauser is recommending approval of the banner
design for the Dubuque Main Street Farmer's Market banner to be hung on light poles
on 12th, 13th, and Iowa Streets.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jk
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Michael C. Van Milligen
Dubuque
*America City
2007
THE CITY OF
DUB
,.
MEMORANDUM
May 2, 2011
TO: Michael C. Van Milligen, City Manager
FROM: Cindy Steinhauser, Assistant City Manager
SUBJECT: Farmer's Market Banner
Introduction
The purpose of this memorandum is to request City Council approval of the banner
design for the Dubuque Main Street (DMS) Farmer's Market banners to be hung on light
poles on 12 13 and Iowa Streets.
Discussion
The city has a process to allow private banners to be hung on public right of way.
Applicants wishing to hang banners on public right of way must fill out a revocable
license and submit it, along with the necessary insurance requirements, to the City and
approval may be given by the City Manager. However, in November 2003, the City
Council approved a policy that required the design of any banners being hung on public
right of way must be approved by City Council.
The city has a Purchase of Service Agreement with Dubuque Main Street (DMS) to
manage the downtown Farmer's Market which runs from May — October each year.
This year the city has received a request from Dubuque Main Street to hang a banners
during the entire Farmer's Market Season to promote the market. Attached are the
proposed drawings for each banner. Dubuque Main Street received funding from the
Dubuque Racing Association to pay for the cost to purchase and install these banners
and as a result the DRA logo, along with the DMS logo appears on the banner image.
Action
The requested action is for City Council to approve the banner design by Dubuque
Main Street for the downtown Farmer's Market.
Cc: Dan LoBianco, Dubuque Main Street
Gus Psihoyos, City Engineer
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SATURDAYS
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