Jeld-Wen, Inc._Irrevocable LicenseMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Irrevocable License - Jeld -Wen, Inc.
DATE: August 30, 2011
Dubuque
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NI- America City
2007
City Engineer Gus Psihoyos recommends City Council approval of an Irrevocable
License with Jeld -Wen, Inc. to construct a loading dock on the public right -of -way of
Jackson Street between East 7th & East 8th Streets. The dock was designed to
accommodate the loading and unloading of trucks, so as not to block traffic on Jackson
Street. The new design has trucks parallel parking to the building rather than the
perpendicular parking previously utilized.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
RE: Irrevocable License —Jeld -Wen, Inc.
DATE: August 22, 2011
INTRODUCTION
Dubuque
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2007
This is in response to a request from Jeld -Wen. Inc., 250 E. 8th Street, to construct a
loading dock on the public right -of -way of Jackson Street between E. 7th & E. 8th
Streets.
DISCUSSION
During discussions and project design for the Historic Millwork District, the Jeld -Wen,
Inc., truck loading and unloading area became a concern from the right -of -way usage
aspect. The Millwork Street design did not allow the continued use of Jackson Street
between E. 7th and E. 8th Streets for Jeld -Wen truck loading and unloading
perpendicular to their building.
A development agreement between the City of Dubuque and Jeld -Wen, Inc. was
approved and executed on August 1, 2011. This development agreement established
job creation commitments and provides for up to $150,000 as a forgivable loan to
construct a new dock.
The city departments of Engineering, Economic Development, Planning & Zoning and
Building Services have worked with Jeld -Wen to design a dock on Jackson Street to
accommodate the loading and unloading, so as not to block traffic on Jackson Street.
The new design has trucks parallel parking to the building rather than the perpendicular
parking previously utilized.
Design of the loading dock has been reviewed and approved and found to be consistent
with the Downtown Design Guidelines and in terms of the Historic Preservation
Commission Design Review.
All documents have been received and reviewed by Engineering, Economic
Development, Planning & Zoning, and Building Services for compliance with City
regulations, ordinances and codes. Those documents include the Irrevocable License
application, Acceptance of Terms, insurance, drawing, building review and all are in
accordance to City standards.
BUDGET IMPACT
The payment of the $500.00 Irrevocable License Fee will be added to the Miscellaneous
Revenue Fund of 10055400 - 42170.
ACTION STEP
The requested action is for approval and signature of the Irrevocable License for Jeld-
Wen Inc., 250 E. 8th Street for the encroachment of the loading dock into the public
right -of -way of Jackson Street.
cc: Aaron DeJong, Econ Dev.
Laura Carstens, Planning & Zoning
David Johnson, Planning & Zoning
Rich Russell, Bldg. Services
Jon Dienst, P.E. C.E.
K:\JANE SMITH \ROW\ROWENCR \LICENSE REQUEST\2011\250 E 8th JELD WEN
2
Prepared by:
Return to:
Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589 -4270)
Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563 589 -4270)
IRREVOCABLE LICENSE
AUTHORIZING JELD -WEN INC
TO CONSTRUCT LOADING DOCK ON JACKSON BETWEEN E 7TH & E
8TH STREETS
ON PUBLIC RIGHT -OF -WAY
Section 1. JELD -WEN INC as the owner of the premises, (Licensee), known as
_250 E 8TH STREET in Dubuque, Iowa, and legally described as City Lots 405,
405A, 406, 407,408,409,410,411,412,413,414 & 2 -417 in the City of Dubuque, Iowa; PT of
City Lot 509, Pt of 2-4 of City Lot 509A; and City Lots 402,403, N 25'2" Lot 415, 416 &
416A be and is hereby granted an Irrevocable License and authority to construct and
maintain LOADING DOCK , (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; provided,
however, that in no event shall this permission be conditioned upon, or shall
Licensee have any liability or obligation to defend any such claim or pay any
such amount in accordance with this paragraph with regard to any negligent
acts or omissions by the City of Dubuque, its employees and agents; 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, provided, however that in no event shall this permission be
conditioned upon, or shall Licensee have any liability or obligation to defend
any such claim or pay any such amount in accordance with this paragraph with
regard to any negligent acts or omissions by the City of Dubuque, its
employees and agents;
e) Any special conditions as set forth for this License as identified: THIS LICENSE
IS IN AGREEMENT WITH DEVELOPMENT AGREEMENT BETWEEN CITY
OF DUBUQUE AND JELD -WEN, INC. DATED AUGUST 1, 2011. (the
"Development Agreement ")
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 erection, 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 installation, construction, design, repair and maintenance of
the Encroachment, unless due to the negligent acts or omissions of the City of Dubuque,
its employees and agents.
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.
Section 8. This Revocable License shall automatically convert to a permanent
easement appurtenant to Licensee's property on July 1, 2015.
Attest
Signed this 6th day of September
evin S. Fir tahl, Acting City Clerk
State of Iowa )
) ss:
County of Dubuque )
,2011.
/1
Roy D. Buol, Mayor
On this 6th day of September, 2011 , before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin
S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are
the Mayor 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,
by authority of its City Council on the 6th day of September, 2011 , and Roy
D. Buol and Kevin S. Firnstahl acknowledged the execution of the instrument to be their
voluntary act and deed.
otary Public in and for said State
,ow).
SUSAN M. WINTER
COMMISSION NO.1 83274
MY COMMISSION EXPIRES
2/14/14
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
JELD -WEN, INC. , 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.
Signature 624a rr
By: d,i Pr Ct k1C-.
Title: (6c°herct( Mapia ev
Dated: l /720
Signature requires notary — Use "All Purpose Acknowledgement" on next page
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE )
On this /F`"' day of Ac - , 20 //, before me, the undersigned, a Notary
Public in and for said State, personally appeared - ner-- Ltinc
(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)
BRENDA FUGLSANG
Commission Number 74586
My Comm. Exp. VAR19, 2613 Nota
Public in an
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
(CORP SEAL)
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(print/type name)
PARTNER(S) LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
(Title)
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205 STONE VALLEY DRIVE
DUBUQUE, IOWA 52001
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ADDRESS:
PORTZEN CONSTRUCTION, INC.
205 STONE VALLEY DRIVE
DUBUQUE, IOWA 52001
563557 -7642
563557 -9046
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