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Stonehill Sidewalk Agreement BARRY A. LINDAHL, CORPORATION COUNS OF DUBUQUE MEMO TO: Michael C. Van Milligen City Manager DATE: November 22, 2004 RE: Stonehill Community Association Sidewalk Removal Mike: At the City Council meeting on October 2, 2004, the City Council tabled the request of Stonehill Community Association to remove the sidewalk on its property on Windsor Avenue. The City Council directed the Legal Department and the Engineering Department representatives to meet with Harold Conzett, President of Stonehill Community Association to work out an agreement which permits Stonehill to remove the sidewalk but requires Stonehill to replace the sidewalk if and when there is development of abutting property. Enclosed is the agreement which has been approved by Stonehill Community Association and by the Engineering and Legal Departments. Enclosure cc: Gus Psihoyos, Acting Public Works Director SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org - AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND STONEHILL COMMUNITY ASSOCIATION This Agreement dated this 6th day of December, 2004 for reference purposes is made and entered into by and between the City of Dubuque, Iowa (City) and Stonehill Community Association (Stonehill). Whereas Stonehill is the owner of property which abuts Windsor Avenue shown on Exhibit A, attached hereto and incorporated herein by reference; and Whereas there is now located on Stonehill's property a public sidewalk which is in disrepair and which Stonehill has requested permission to remove rather than repair; and Whereas, Windsor Avenue is a stub street; ano. Whereas the City Council believes it is not contrary to the public interest to allow the sidewalk to be removed, subject to the terms and conditions set forth herein. NOW THEREFORE, it is agreed by and between the parties as follows: 1. Stonehill is hereby granted permission to remove the public sidewalk on the westerly side of Windsor Avenue shown on Exhibit A. 2. In consideration for permission to remove the sidewalk, Stonehill agrees to reinstall the sidewalk according to City specifications not less than 180 days after the development of the property that abuts the easterly boundary of Stonehill's property if such development requires a sidewalk according to City policy. Such 180-day period shall commence at such time as there is public sidewalk installed on the abutting property which would connect with the Stonehill sidewalk shown on Exhibit A. ATTEST: CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: /s/ Jeanne F. Schneider, City Clerk By: /s/ Harold A. Conzett, President STONE HILL COMMUNITY ASSOCIATION ~ ~ 0 ø fÇ1 0 o.