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Right-of-Way Encroachment - 180 Main Street "', . .' ORDINANCE NO, 47-00 . AN ORDINANCE AUTHORIZING .:::0 ~N"\ ~ Y\ "'-- TO CONSTRUCT 1V1)\ ~ rJ..'^j $ V"i" NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1, That ~ 'L r; h" as the owner of the premises known as the 0\J'}o\ (;,+L Dubuque, Iowa, and legally described as A J. 'ft. - C ,L. oA- be and they are hereby granted the revocable permit and authority to construct and maintain a c,\ Gyv-. under the terms and conditions set forth in this Ordinance, Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager, under the supervision and direction of the City Manager, and in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' 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 Srr.; '^- ; and l . b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and 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 Ule location, installation, existence, construction or maintenance of said 5' J ~ ~ sustained by any person or persons, caused by accident or ot erwise 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 71 '11/\ 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 the facility, work or improvement permitted herein. . Section 4. That the permission herein granted is expressly conditioned upon permittees' further agreement that should the right and privilege herein granted be rescinded or revoked by the City Council, permittees, or their successors in interest, as owners of the abutting property, shall within ten (10) days after receipt of written notice . . . .' from the City Manager, so to do, at their own expense, remove said '5 \ a V\-- and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said ....-_" '1 V\... at permittees' expense and dispose of the same, and the permittee shall have no claim against the City or its agents for damages resulting from the removal of said S'1 II\. _ Section 5. That permittees covenant and agree that the revocable permit herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said facility and said permittees hereby covenant and agree 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 the permittees arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the facility herein permitted. Secti~6. This Ordinance shall become effective and the rights hereunder accrue to jd.\ JA '^ '^ when this Ordinance has been adopted by the City Council and the terms and conditions thereof accepted by permittees by acceptance endorsed on this Ordinance. Section 7. That the City Clerk be and she is authorized and directed to file at permittees' expense a copy of this ordinance in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 5th June ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk .' . . . ACCEPTANCE OF ORDINANCE NO. 47 -00 I (We), the undersigned having read and being familiar with the terms and conditions of Ordinance No. 47 -00, hereby, for themselves, their successors or assigns, as owners of the abutting property, accept the same and agree to be bound by the conditions and agreements therein contained to be performed by permittees. f?ew 2o~ H""vv By: Title: ~ Dated: 511 'i (Of) .' . . . INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. 3. shall have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. 4. shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from all independent contractors or subcontractors hired by or any independent contractor or subcontractor hired by the independent contractor or subcontractor, which certificates shall provide evidence of coverage for limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY: General Aggregate limit $2,000,000 Products-Completed Operation Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (anyone occurrence) $ 50,000 Medical Payments $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notice of change or cancellation. . . . INSURANCE SCHEDULE 1. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. 2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the City of any material change or cancellation of the policy prior to its expiration date. Jo ~l-\. ~'i\ '^ - [J.r~}-;J L:-+.-ishall have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid or reserved claims at the time of issuance of policy or certificate. Co~'" ~'v\ V\.. shall furnish copies of the following policies to the City, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insl,lHlnce from all independent contractors or subcontractors hired by ~~AI\ ~'^ V\ or any independent contractor or subcontractor hired by the independent contractor or subcontractor, which certificates shall provide evidence of coverage for limits not less than the following, or greater if required by law: 3. 4. COMMERCIAL GENERAL LIABILITY: General Aggregate Limit $2,000,000 Products-Completed Operation Aggregate Limit $1,000,000 Personal and Advertising Injury Limit . $1 ,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (anyone occurrence) $ 50,000 Medical Payments $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notice of change or cancellation. DATE (MMfDDIYY) 0:)/17/00 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. COVERAGES 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY -eFFECTfvE TYPE OF INSURANCE POLICY NUMBER DATE MM/DD Y AUTO ONLY - EA ACCIDENT $ EA ACC $ AGG $ $ $ $ --- ------------ $ $ " ACORa: CERTIFICATE OF LIABILITY INSURANCE PRODUCER BRADLEY, BECK & McDONALD INtl 198 LOCUST STREET DUBUQUE, IOWA 52001 INSURERS AFFORDING COVERAGE INSURED INSURER A Nor.t.hn Poi nt. INSURER B INSURER C Davey robertsons Public Bar Inc. D.B.A. The Busted Lift 180 Main St. INSURER D INSURER E x GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY I' ~ CLAIMS MADE OCCUR NP04190001 04/19/00 POLICY EXPIRATION DATE MM DD Y 04 / 1 9 /0 1 EACH ()CCOlJFl~NC~_ __FIRE DAMAGE (Anyone lire) ___~_~_~__~l5.~iA~l on<:person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMPIOP AGG LOC AUTOMOBILE LIABILITY __.-I ANY AUTO ALL OWNED AUTOS ~ SCHEDULED AUTOS ! HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) I'_~~RAGE LIABILITY , ANY AUTO OTHER THAN AUTO ONLY EXCESS LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE AGGREGATE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- OTH. TORY LIMITS ER EL EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERA TIONSlLOCA TIONSNEH1CLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: -X CANCELLATION LIMITS S 5 ,5 $1 ,OQQ,QQQ_ $_LJlQQ~OD '2,000,000 $ $ 5 $ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL SHOULD ANy OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DAYS WRITTEN 'Ci ty Of Dubuque 50 W. 13th St. Dubuque, Ia. 52001 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL E INSURER, ITS AGENTS OR ACORD 25-S (7/97) . . 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. ACORD 25-$ (7/97) . CITY OF DUBUQUE, IOWA MEMORANDUM June 1, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Right-of-way EncroachmentnProjecting Sign at 180 Main Street Planning Services Manager Laura Carstens is recommending adoption of an ordinance authorizing the installation of a sign for the business, The Busted Lift, at 180 Main Street, which would encroach 39 inches into the public right-of-way. . I concur with the recommendation and respectfully request Mayor and City Council approval. .1t;';fJJlL Mic MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager Mike Koch, Public Works Director \.;' I.: .ri" .;~'t],....(] V I ,"," l~_. >,:1' "-_. 6r-.i1,r""'..1 ~- '/'.ll," v:~}\."' . V . 'iZ:~ ~!d !-r;:WOQ 03/\bJ3CJ , . CITY OF DUBUQUE, IOWA MEMORANDUM May 23, 2000 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ TO: SUBJECT: Right-of-Way Encroachment - Projecting Sign at 180 Main Street . John Finn has requested City Council approval to install a projecting sign on his building at 180 Main Street. It would encroach 39 inches into the public right-of-way. John Finn would like to install the sign for his business, The Busted Lift. The sign would be mounted on the rear facade of the building. A sketch of the sign is attached. The business is zoned C-4 Downtown Commercial, which allows for signs to project up to 60 inches into the public right-of-way. The construction drawings have been reviewed and approved by the Building Safety Department as to the type of material, method of construction and vertical clearance. The request has been reviewed and approved by the Planning Services Department for conformance to zoning regulations for signs. John Finn also has provided the required insurance and acceptance forms, which are attached. Since the requested encroachment does not impede the City's use of the right-of-way or sidewalk, I would recommend approval of the request. The attached ordinance provides for a revokable permit and further requires John Finn to assume all liability, defend the City, and hold the City harmless of any claims which may result from the installation of the sign within the City right-of-way. The City Council is requested to adopt the attached ordinance authorizing the installation of the sign in the public right-of-way. LC/mkr Attachments . cc: Rich Russell, Building Safety Department Manager Michael A. Koch, Public Works Director , . . . . . I~n~rtr.~"\k~ . '0055-00' . 2000 JUN 13 AM \0: 33 K!J T,.I'/''-'.'; '('-Ji ThUF:~Y;>" ;bCI1TY kECORDE.'l DUOUQUE co.. IOWA fEES rP . ..... ... ...uL ."' . .. f21' Prepared by: Laura Carstens; City Planner; Address: City Hall; Telephone: 589-4210 / ORDINANCE NO. 47-00 AN ORDINANCE AUTHORIZING ~ ~.... Ci '"" -"'- TO CONSTRUCT 1"'-;\~ (J,'J5""f' NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: _ Section 1. That jrr~" r; h" as the owner of the premises known as II\) 0\))+-rl l;J..j.. Dubuque. Iowa, and legally described as "I. '11. - C .L. oA- be and 'they are hereby granted the revocable permit and authority to construct and maintain a c,\ ~m under the terms and conditions set forth in this Ordinance. I Section 2. That such construction shall be done in accordance with plans heretofore submitted by permittees and approved by the City Manager. under the supervision and direction of the City Manager, and in accordance. with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 3. That the permission herein granted is expressly conditioned on permittees' 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 Srrt'^-- ; and b. Procure and maintain in force during the term of this permit a policy of liability insurance as set forth in the attached Insurance Schedule; and 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 ll:le location, installation, existence, construction or maintenance of said 5, A "-.. sustained by any person or persons, caused by accident or ot 'erwise 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 "7\ 0,11 and to pay reasonable attorney fees therefor; and v d. 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