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rescinded or revoked by the City Council, permittees, or their successors in interest, as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.
Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, Joss, 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
.
cii
'"
~
.
...
...
:z
~ ;::,
00
.... U
... ...
0;::'
...g
~ =
... ;::,
",Q
:z
o
....
~
u
::i
=
s:
...
o
:z
o
....
~
u
1:
....
~
...
U
"E ~~~
ca -c .......c:
:t";c!
]t=.c
~ ~ 8 ~
&.. c.. ~ ~
~ E = \t
"" =' ..
~ ~ ..5 .~
~E2 ==
U Q"l Q =
eJ).c: ;.. "C
= - = Q,l
._ ~ .c:
= o.o~
=~u::
os..c: os
.la Q,l Q,l C
:E .:; :L:J
5..S os \,)
=: ~ ;S
.S ..c ~
-= ~ ~
... ..c: ..
o " OJ
~ c.. ......
o " ..c:
~ 0 f:
= .- Q"l
[$: = .c:
~ e
" ...
= '0
'"
.:a
~
..
e."
os
..c:
OJ
..
.;
..c:
OJ
:a
~
...
'" oS
~ 1
-e os
"" .
"
.~ ~
.,g
;;S
o .. 0
.... ..c: '"
~C;~;
~ t Q,l 0
[I.l"' 5 = r...
" "" 00 !i.
.S - "C =
= 0 = ~
'"' - = \t
Oc Q,l Q,l Q,l
"g<,,"
Ec.g':S
E '" ..c: os
o ~ " '"
~"'u~Q.5
flf t?~~~;~i~jn:~nU!i.'ltfiiii~ili.j!il~U :! '~
rouiJ .s; ITI -.4 ll!!f ,1'9"1 l!!lt ~llo;," 8~!-J~}~i~ K~ ~
Z"..!iI~~ ~~!'; =!;;~,,"'i!.,~l . o~m ~ .. _-&.s t5
~~~~~ M:5E f~~};j~::ll.e g~ii"!6'~lilg>m .....f... :la"~l~~~h
~o~>-Cl :l!~~ .ga~-g'UH! ~"~kliiJlU-!~ /,~~:J,g~~'!;~sj
~z..zf 12 jO<(~~lIl~~ll ~ a oil J'!;2.~'!; I ..""'!~ o~'.~M~",Ji
.J~:.. ~~!';~~;~ E~ sf ~ ~~ S~ii:;;~~jiJ llllii..." sfinih!j i
Salco">- >-fi:L"gj-ll=. it'~~~ 8.s~~1lJ;! ~ Hli<l. ...., ....tl:;;~ o'!; f - il';; a
rc~ <J ::zogac: Ufi~~ i'Eo Ei:: 'tJ:i] I..~ . ,",~ :r:CD -8, C>>-=lIlc
el5z;~~~~a!!lN!~;iiil:gj~~l UiiJhih,l 1.,; ~dUH=i
C_G)0 Ooe .cc::)"i.B1fSlGas-'> 28!-o~CCf' ',J,- ,'I 'Cg,~an: ff-e~ofi
. ...~c'C IUE....E ~1\1.eij:!;~J3:1 :i^'-Olld i 22 ~1i.ci~ g2-g
;::0. ~-=-~ _ ClIlUct
..
~
o
....
8
"
"
o
U
..
=
=' .
oS "I
= '<l
Q 0
... '"
oS
-e
"
os
.S
.S:!
:E
~
\
=
~i
os
;.,
os
-e
~~
..c: '"
= :E
rIJ ~
OJ
CC<Jl
ww
:>-a:\l!
Wii:~
~~N
wz...:
>-0>-
<!l-a:
~~c(
l--S:~~
'o<:::;:::Elll
" ow
(ry:OlL
. ~ >-
;;~ ~
"~1iI),
~j.\~~t\i~
.(o~ .
8IF~fOlllU~ ~i~~l!~.U "if"
. !';~n~~ill~sBI~ u.~U~;r~~5
~~ill.~..!:I~i!i !~~$~~i~l
fu~!~~lfri~ft ~ I~~~
~~~51l:~!~~i'i!~1l . ~i~ ~
S O~i~~~&l!l~~BJ ~11 ~