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Right-of-Way Encroachment - Projecting Sign at 1824 Central AvenueORDINANCE NO. 74-00 AN ORDINANCE AUTHORIZING PFOHL INVESTMENT TO CONSTRUCT A PROJECTING SIGN AT 1824 CENTRAL AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Pfohl Investment as the owner of the premises known as 1824 Central Avenue, Dubuque, Iowa, and legally described as the S 1/2 of the S.M. 1/5 of City Lot 436 be and is hereby granted the revocable permit and authority to construct and maintain a projecting sign 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 projecting sign; 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 the location, installation, existence, construction or maintenance of said projecting sign 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 the projecting sign 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. . . . Ordinance No. August 21, 2000 Page 2 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 projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign 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 projecting sign. 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. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Pfohl Investment 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 day of September Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . Au~ 31 00 10:36a 319-589-4221 319-589-4221 p.2 CITY OF DUBUQUE SEP n 1 2000 ACCEPTANCE OF ORDINANCE NO. 74 -00 (I) Clarence P.Pfohl, having read the terms and conditions of the foregoing Ordinance No. 74 ..00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 5th day of September ,2000. t L CP~ By:" a ~4..A & J .. _) Clarence P. Pfohl Title: Owner iJ~.?/- Ou Date: . . . INSURANCE AGENCY: FR1EDMAN INS.,'INC. PO BOX 759 DUBUQUE IA 520040759 NAMED INSURED: CLARENCE P PFOHL 1827 WHITE ST DUBUQUE IA 52001 AGENCY PHONE I 319-556-0272 DATE OF MEMO: 08/16/00 POLICY NO.: COP 3301098 POLICY TERM: 03/24/00 - 03/24/01 COMPANY: OHIO FARMERS INSURANCE COMPANY CITY OF DUBUQUE CITY HALL DUBUQUE IA 52001 RE: EVIDENCE OF INSURANCE -- ADDITIONAL INSURED NOTICE YOU ARE SHOWN AS AN ADDITIONAL INSURED ON THE POLICY SHOWN ABOVE AND THE GENERAL LIABILITY LIMITS ARE DISPLAYED BELOW. THIS IS EVIDENCE THAT INSURANCE HAS BEEN ISSUED AND THAT IT CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. TO REDUCE YOUR ADMINISTRATIVE COSTS..l FILING SPACE AND OUR MAILING COSTS,l WE ARE NOT INCLUDING THE POLICY JACKt;T OR THE ACTUAL FORMS ENDORSEMENT:; OR DECLARATIONS OF THE ACTUAL POLICY. INSTEAD WE HAVE DISPLAYED BELOW THE NECESSARY INFORMATION FOR YOU. IF YOU DESIRE ANY ADDITIONAL INFORMATION.... PLEASE CONTACT THE AGENCY SHOWN ABOVE AND THEY WILL SECURE IT FOR YOu FROM WESTFIELD COMPANIES. POLICY LIMITS: GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTSfCOMPLETED OPERATIONS) PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMI PERSONAL & ADVERTISING INJURY LIMIT (PER PERSON OR ORGANIZATION) EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT (ANY ONE FIRE) MEDICAL EXPENSE LIMIT (ANY ONE PERSON) 11,000,000 1,000,000 1,000,000 11.000,000 9100,000 $5,000 WesUleld Companies One Park Circle PO Box 5001 WesUleld Center OH 44251.5001 AD 8052 (1-92) ~,. :',":~~<'.i",':c\::.:.; '.>: PRODUCER (319) 556-0272 RIEDMAN INSURANCE INC. 2 FISCHER BLDG. BOX 759 UQUE, IA 52004 Attn: DATE (MMlDDIYY) 08/02/2000 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. COMPANIES AFFORDING COVERAGE Westfield Companies Ext: COMPANY A INSURED Clarence P Pfohl 1827 White St Dubuque. IA 52001 COMPANY B COMPANY C COMPANY o THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDIYY) DATE (MMlDDIYY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE X OCCUR COP3301098 OWNER'S & CONTRACTOR'S PROT . NON-OWNED AUTOS GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ 03/24/2000 03/24/2001 PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ COMBINED SINGLE LIMIT $ BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ 1,000,000 1,000,000 1,000,000 1 000,000 100,000 5,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EACH OCCURRENCE AGGREGATE THE PROPRIETOR! PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL $ EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATlONSlVEHICLES/SPECIAL ITEMS E: Sign Permit - City of Dubuque is additional insured under general liability policy, relative to sign on insured's building CITY OF DUBUQUE City Hall Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL -LO- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY . OF ANY KIND UPON THE COMPANY, IT AUTHORIZED REPRESENTATIVE AGENTS OR REPRESENTATIVES. LJ ~~.. ~..~.., @.teO~-tORPORATlON 198 CPCU Richard P. Frie ACORD 25-5 (1/95) . -\(-. '-i i \tJr-- -"gZ ~ ~ I 11"6/'" 0"6 " ..-<: /'1 ~ ~ i II t7'" -- .Y ] II 8~ . C'\J -- ~ (V) ~ . 1"t7/f: 9 +l J 3 ~ rt.. I V\ V\ '1.l \,. Qoo-' f .iJ j1 .1 ~ . <i .t . . . ACCEPTANCE OF ORDINANCE NO. -00 I (We), the undersigned having read and being familiar with the terms and conditions of Ordinance No. -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. By: /}~Lf 'JJ tfU Title: StlN tI { dIN If.~" Cj.~t_..t P. rf..,1. Dated: <1 J "-./ (J 0 J I tf) "' 14 4! V\ A Q.. i' i . CITY OF DUBUQUE, IOWA MEMORANDUM August 31, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Right-of-way Encroachment--Projecting Sign at 1824 Central Avenue Planning Services Manager Laura Carstens is recommending approval of a request from Pfohl Investment for a projecting sign at 1824 Central Avenue. . I concur with the recommendation and respectfully request Mayor and City Council approval. /l1tll (bt(t!l_ Mfchael C. Van Milligen MCVM/dd Attachment o 0 c:.) 7:":"lII =0 , (1-) in c" :) n -:1 -:;; -... (,) :-11 0 Ul U1 cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CT'::. '. J - ,.-~ ;..-~- '............/ ).> :;:;:; o CD . . . . CITY OF DUBUQUE, IOWA MEMORANDUM August21,2000 TO: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager~ FROM: SUBJECT: Right-of-Way Encroachment - Projecting Sign at 1824 Central Avenue Pfohl Investment has requested City Council approval to install a projecting sign for their building at 1824 Central Avenue. It would encroach 60 inches into the public right-of-way. The sign would be installed for Catherine's Used Books and Gifts. 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. Pfohl Investment 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 Pfohl Investment 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 Services Manager Michael A. Koch, Public Works Director .j , /r ...." -...... I J-P 1~.,\ ~n}~..w.. \ '~~0 ~ i0468~OO L'JuD SEP - 7 PM": 17 . !".'Ti'\/ FL"""" c' ',., ,','I 0 ','1',,",11-,<, I ',J r,,'" , ,i ":,,,.\,.011 /") \ 0 COU~\ fY HECOfmER A 0"",'i/1I1'I:' ro 10\1" Fr-ES ' I . l........'-"_'_, V.t f~j.\ c.. ~ Prepared by: Laura Carstens, City of Dubuque, 50 West 13th, Dubuque, lA, (3 ;9) 589-4210 ORDINANCE NO. 74 -00 AN ORDINANCE AUTHORIZING PFOHL INVESTMENT TO CONSTRUCT A PROJECTING SIGN AT 1824 CENTRAL AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Pfohl Investment as the owner of the premises known as 1824 Central Avenue, Dubuque, Iowa, and legally described as the S 1/2 of the S.M. 1/5 of City Lot 436 be and is hereby granted the revocable permit and authority to construct and maintain a projecting sign 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 projecting sign; 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 the location, installation, existence, construction or maintenance of said projecting sign 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 the projecting sign 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. . . . '. Ordinance No. August 21, 2000 Page 2 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 projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign 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 projecting sign. 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. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Pfohl Investment 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 day of September Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . , . Rug 31 CO 1D:36a p.2 319-589-4221 319-589-4221 CITY OF DUBUQUE SfP G 1 2000 ....._~ ACCEPTANCE OF ORDINANCE NO. 74 -00 (I) Clarence P.Pfohl, having read the terms and conditions of the foregoing Ordinance No. 74 -00 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions reqUired therein. Dated in Dubuque, Iowa this 5th day of September .2000. 'L n~ By: (~ " .... ~~ \..J . ) Clarence P. Pfohl Title: Owner Date: I]~_h- aiJ , . INSURANCE AGENCY: FRIEDMAN INS._, INC- PO BOX' 759 DUBUQUE IA 520040759 NAMED INSURED: CLARENCE P PFOHL 1827 WHITE ST DUBUQUE IA 52001 . AGENCY PHONE # 319-556-0272 DATE OF MEMO: 08/16/00 POLICY NO.: COP 3301098 POLICY TERM: 03/24/00 - 03/24/01 COMPANY: OHIO FARMERS INSURANCE COMPANY CITY OF DUBUQUE CITY HALL DUBUQUE IA 52001 RE: EVIDE"CE nF INSURANCE -- ADDITIO"Al INSURED NOTICE YOU ARE SHOWN AS AN ADDITIONAL INSURED ON THE POLICY SHOWN ABOVE AND THE GENERAL LIABILITY LIMITS ARE DISPLAYED BELOW. THIS IS EVIDENCE THAT INSURANCE HAS BEEN ISSUED AND THAT IT CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. TO REDUCE YOUR ADMINISTRATIVE COSTS..? FILING SPACE AND OUR MAILING COSTS,l WE ARE NOT INCLUDING THE POLICY JACKt.T OR THE ACTUAL FORMS ENDORSEMENT:; OR DECLARATIONS OF THE ACTUAL POLICY. INSTEAD WE HAVE DISPLAYED BELOW THE NECESSARY INFORMATION FOR YOU. IF YOU DESIRE ANY ADDITIONAL INFORMATION.... PLEASE CONTACT THE AGENCY SHOWN ABOVE AND THEY WILL SECURE IT FOR YOu FROM WESTFIELD COMPANIES. POLICY LIMITS: . GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTSfCOMPLETED OPERATIONS) PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIMI PERSONAL & ADVERTISING INJURY LIMIT (PER PERSON OR ORGANIZATION) EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT (ANY ONE FIRE) MEDICAL EXPENSE LIMIT (ANY ONE PERSON) 11,000,000 1,000,000 1,000,000 1~000,000 9100,000 $5,000 . Westfield Companies One Park Circle PO Box 5001 Westfield Center OH 44251-5001 AD 8052 (1-92) ; . Ii COR.DTM'~!1G~RlE!.~tp~]g.19~i~~J~~J~ltlXr1tfl,~~Q~~~t.I;::!:~I~~;;I{:~.~~ '~~/~~7~~: P~~D~cE~r'(3i9)5S6":-0272~''''-''''''''''''FAx-'''-''C3i9)M556~.44is ,. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RIEDMAN INSURANCE INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 202 FISCHER BLDG . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .0. BOX 759 COMPANIES AFFORDING COVERAGE BUQUE, IA 52004 COMPANY Westfield Companies Attn: Ext: A INSURED Clarence P Pfohl 1827 White St Dubuque, IA 52001 COMPANY B COMPANY C COMPANY o COVERAGES ."::,, THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDIYY) DATE (MMlDDIYY) LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR COP3301098 OWNER'S & CONTRACTOR'S PROT 03/24/2000 03/24/2001 GENERAL AGGREGATE S 1,000,000 PRODUCTS.. COMP/OP AGG S J, 000,0.00 PERSONAL & ADV INJURY S 1,000,000 EACH OCCURRENCE S 1,000,000 FIRE DA~.GE (~x~"e~~e..l_.S._.JOO, 000 MED EXP (Anyone person) S 5 , 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMIT S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY.. EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT S .~ ....,- '.._'.---'''-'--~-- AGGREGATE S EACH OCCURRENCE S AGGREGATE S S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! PARTNERs/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL S EL DISEASE.. POLICY LIMIT S EL DISEASE.. EA EMPLOYEE S DESCRIPTION OF OPERATlONS/LOCATIONSlVEHICLES/SPECIAL ITEMS E: Sign Permit - City of Dubuque is additional insured under general liability policy, relative to sign on insured's building CERTIFICATE HOLDER CANCELLATION CITY OF DUBUQUE City Hall Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, IT AUTHORIZED REPRESENTATIVE LJ ~.... ,,,~ .t,.J @f&,~-tORPORATION 1988 ACORD 25-5 (1/95) CPCU Richard P. Frie , ... .. . CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE " I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 74-00 is a correct copy of the original' Ordinance No. 74-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5th day of September, 2000. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. . Dated at Dubuque, Iowa this 6th day of September, 2000. Jeanne F. Schneider City Clerk City of Dubuque, Iowa @ n ~ % '2 C3-" " ~ C1> ~ '0 o r-...:> <= ~n~ g CO~.::: Oc-< <:.: Z -r! r""-ir..' C"> -< _..( 0::0 :;r: ~ r"1:.l':C -0 iSg= :x: ~~~ Pl:t; CO ~ ='" ..... , , en rr1 -U I ..... ~ ,;,- ~~ C- ~ ~ ~ I c:> -, ~r ~l- .. . 00 00 ....... . ;;... 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CD ~ - - Q)..c f!? 0 (,) C G) .- ~ c c lD as - 0 c: CD 55 c: "'C CD """') i:; .;Q ~"- J:. ~o~~~i~. ~~!jR~III~I~I~I!~J~8.~~-lo~.~~!:I~~i~~~aI'II~",~~mgali ~1~j ~ ~CD.J:JO- a.~- ~ ~ - ~::>Ca.-aI Ul"tla.s:: ~::>CDa.-EECD IIJ-! CD CD~aI CD _alO~ ::> zowo::>~! ~ ~ Q)E~~~~~~~g~jl5~UlO!-O= "'8~~~m2W~-oag~ ~jW~~i~ COo~O a.. _ __..c 0 CD 0 O~~Q)_W __ 0 ~ _Q)0~_ c: m~._ -_ CD ~~ ~ \.0 a; SEP-07-00 THU 08:27 PM . (OFFICIAL PUBLICAtiON) ORDINANOE NO. 74-00 ^N onDINANCE AUTlIOR. I<'.ING PFOHL INVESTh1I;NT TO CONSTRUCT A PRO- Jtc rlNG 61GN AT 1824 CENTRAl. AVI!NUE NlJW TII!!R&.FORE. ae IT Of1DAINF.D BY Yl II! CITY (:('lllNCIL OF THE CITY OF PUElueJUf., I(JWA: ~;"liioll t. Th:lt 1"10111 In. v~',llr,,~1)1 (l~ Ihu UWnr;r Ilf 11111 prt'lTIi"q~ knllWl1 O!l , CI:.!4 r.'-'lllt :11 l\\IunLJo, PtJlluquA, 10\1(.1, Iwl loqrilly dl)~cribed 1I~ U '" S 1/2 of the S.M. 1/8 (,f Citv I lit 4:1(\ 1.>1: ..nd " h_b~ Ol:u\locl thll rElvO()"I'~tl ptlfmlL (,n, I ml1horily 10 oon,lr~('.I.'lI",t nlllint.lifl 11 prnlllclillQ sir.Jn Llndor LIIe Ic::rrnr :md oondi- 11(IIlS ..at fnrlh In U\is Ordi. r..'/)I'o. Sc,ntion 'J. 1 hClt ~L1ch Oon- ~Lrudiol1 r."~11 t'l<, clono In :.nc.old.,ncu Wltll plar)~ tlElr~- Illfl)j"Cl liLlbf'lIITtEl,j by r""lI1illuud ond IttlpruVlld by the City MHnilQllr, ullc1flr Ihll ~U(lcrvi- r.kll' :11 l(j dire Cliol'1 or ltlA City MI.n;)(Jnr, ,1/111 in ru,:cotdunc.o will, ull uJlplicobl~ !lWt;l "lid facl~r'll ILlWS MiJ rcoulnliol'lE, ,II1J U1U OrrIiMIlr::c~S of 1M City or DI;I>uque. Sul'lion 3, TIl,'llhl) pUlllli~- nlCl/1 lIureln Orilnl~d Is fllI- pll,'~llly cnnctili(,narJ on pol- milh)I~o' tlllluelTlcnllc: u, ^~..UI)lf) .lllY IlI\d 011 II,wil- Ily f'ir dUlIlUllulI to I'1flrsoM or prollony which II'''Y tl'~ull fril!ll Ule 0lC I'.. Itll1co, IOC:llflon. im,I.llliltl~n, CCl"$liu(;I]()I\ Or Illill"h~rl;u ICU III s.,id projectjna :l101\i nnd h. Procuru and 1ll.1lnlAin in fon:Q dlJrtllt'l Ul0 l<.lnrl or \hi, plll"lil ,1 policy of lillbility 1I1,:llIlIn("0 C\~ elll fUlth In thG :'Ill"LJ 'IJIJ If'lRur"r,(1A ~(:I'I(,(.hllu: 1II1rl (" P.ly 011 behalf of the City 01 Dltln 'CJU\~. till :l\lrn~ which 1110 City or PlItJllq"", {.hnll p<)<)(Imo obli(!uloy.lo pay by wnr.an of 1110 1I.,I"lllly lrnpo~od IIIMl till:: Cily 01 Duhu'1un Illr Irarn,108~ of :lnY killlJ l'Csullhlg IHIIIl IIH.' luC'ution, il'1~t.1IIIl~"n, cJ(1:.t~,nca, (lOI1~II\.I;lion or I f1,UnlullulICO of '!lid prl'lj'l\71il,O l.i!JI'I !.II(.I~in"u l.>y <lny p~rson ('., p"rsllll', C.,l! lrood by ur.;r.;I. d"lll elr olhelWisLI to dAI"'l1d (It il'l Qwn flXi'>"JIl~1I .111<.1 On bc:half 0/ ~;"id City !lny OI.1i1n 1ll)llifl~t tllo Cily of J')L1!,lUque t1rieinliJ 0111 of Iha ll'.Jcll!ion, In!ll'lllntion, OItr.,t"nllll, C()II~lnICI'()n or Illnlllt"llilJ1CO or thA proj(.If'ling lOi(J1'1 ,~nd to PilY rUll:ionllbl. tIU'lII1,)y roes lhftn.:for: nncl cl. Indt'mnify, dl;(ond and 1,Illd UIO elly or Dl4h~lllle irQ(, .Inrl h,Vlnlcr"" I,I)UI .IIIY und 1111 (,I"\III~" IQ~~. li..bilily ano ex- PUIIl;(j lor d"!lil1 rAmllor InjIAlic;~ 10 1l,Ird 1'(I'SOfl~ or dllmao~$ to prop'lrly 01 U,ll(1 1',!ruOllu. or ror il,m,'(Jo lu W1Y proparty III H,', Cily of D\ID~I'I<lr: which IruW "",'ur (1', El n:~ull of or In c'~lm,cllon with thtl 11'\<':.lliuIl, in~.t,'II.'li<>n, ,:,xi"LmWII, con- ~11IJ(;lltllll n1l1ifltllnancllI lll'ci IL""ir of the fQcllilY, work or irn/"ln~llr'l\lI1L pClITlillcd h(!I'4tln. ::'lcllon 4, 111nt 1110 I.'orlidu- r.hll'J IIOrlJill I]r~llcd is ex. r'lc'I~1y ocnrlitionl'ltJ l'pon p'Ii"II1I1tI~Cl~' fUllh.:r ngr<.:cmll/'1t . . TELEGRAPH HERALD th:ll should the r1~lhl iIl'Id privi- lutI" huml" grantll<f be t\)- ltCil1c1ad (Ir I'flvokt>rJ by th" City Council. permittee!), or Ih"'lr :luccessors in Interl:~1, il:> OWlltllti of the abulting prop- oriy, 81\.111 witl11n tlll1 ('0) duys ofler tocuipl of wrillen nnlioo from thl'! City M:malJl.lr. so 10 clo. at thoir own e~pense, r\jlmOV', 9~id proiQcUng slOI1 tlrld In thl! evenl of thf\ir fllllwl.l \Q cia ~O, U1C Cily of DUbu(lve ,..hull bu ;wthori:rl'ld to r..mO\lu ~(lid proj'lCting ~lgn ..I permit. lollS' .xpent.e Ilna di,~po~e 01 U,e sum!). IlI1d the pl'lrrnitlce ~I\.,II h;\ve no c:l:dm ilgalnsllha Cily or Its Dgll/'1l~ fill' dlll1'lQ\l1lS ''ul,\lllil'll frOm tho removllr 01 Silid proj&<:!inll slgn. l:lllClirll1 5. TIlilt plllmitlll"'$ covanOll\t and ogroe tlm! Ihe roVt.t.<.1blu permit herein ar:;lnlecl dl:le:? not cOI1l11ilutll ~II' i'l/lprov;d 01 thll dellj(ll1, Olec- tlon, location. conctnJction, repair or mSlinll'lnllnl~t) (Ir suid fnolllly iUld suld p.m11111'l1+$ hereby C<?vel1ant ~Ild ilgroo nol to (j~Burt SUCh clolm or dIlr...nSfl ng.'\insl lh~ Cily of Dul:lu(luQ in the event of claim ::l~l'I""'IQI'l tor dlluth. pllrsoo.~1 InJuriDs ::l~d1or properly dwll' "Ilfl a{j(lIl1ut 1I1c:: permrrtflf\~ tll'ltlinD oul of or 111 any wtlY COlln,:<;lllrJ wilh the 10cotinr'J. in~tilni\lion, eonstnlctlun, drlol(Jll, rotJwr and maint~- n::lnca of thft fucility herein perrnitlull. Sootiol1 6, 'I11111 Ol'\Jinllnco $h('\1I tHlCtJlno clfocHw and thll ril)hls hnrllUI1<1"r ~CC'\le Lu Pfohl 111V\l~trnGnl whlll'1 this Ordln3nQfl hii't~ Ix.et I lIduplod l>y llio Clly Council And tI'1~ tOl1n!l l\l'lci condili,),,,. lh<ll'cof (I(;(.opted by pormilTeGll by lInctlrl;mc;", onuorsctl on tIlis Ordllmnoo. S"'1tiol1 1. illat tho City CIc:rk br; :lnd she i$ :lulhlll'lzecl :Inn dit ect/tC1 to Ifle .,t POlTT1il- l",CIi' cXpi'lnu II COI'y of tl Ii'; llfditlMCu ill lho Ollto" of the RGoorder In l1I1cf for OubllqLIO (;O\lllly, Iowa. pasAeQ, "f'lproWd Qnd D<kl(JIllrj Llli~ 5lli day of $f\p- I(Jmbtlr, 2000. Tlll'r<lIICll M. DU9g.~n, M''Y<'r ^ll..,)t: J',!C\IlI\U F. SchneidGr, Cily Clerk Acc:opul/'Ic. 01 01 (linal1cQ No. 14.00 I') Clul'l:l11ce p. Pfohl, htlvill(l r...ad th,. I\~r",s untl condiUon~ or Ihe lorlJooing OrdinancfJ No, 1<1-00 and b11U'9 IUIl1i1i3r willi tllc condltlcn3 tI1erent, her/:by nC',()f\r>t d II-> tIl,unc !U1d "gllle 10 Itll; ccndilion~ re<1ui,od tl1IlMjl1, Dulcd In Oubuq4fl, Iowa, thi~ Lth d.,y of ~:;\'I'I(.ltrrbor. 2000. lly: Is! CJorencCl P. PfC/hl OWl1er AU!JI.Jsl. 31, 2000 Publlshlld nfficially iI' the Trl/"l/Yaf.li/ j.ivrold n_~Pllpf\r tllil 11th day of St:pllllllbor. :WOO. Je11nne F. ~)hfl.llt~;r. Cily Clerk 1t !:II, 1 FAX NO. 3195885782 p, 08 /rO C\ /V , . ,: './J.' .,.J 'iit' ~Cl~ /( ;1 J (il~ (~ v )LO I ;)1 ~/;9 . . . ,.... ) (OFFICIAL PUBLICATION) ORDINANCE NO. 74-00 AN ORDINANCE AUTHORIZING PFOHL INVESTMENT TO CONSTRUCT A PROJECTING SIGN AT 1824 CENTRAL AVENUE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Pfohl Investment as the owner of the premises known as 1824 Central Avenue, Dubuque, Iowa, and legally described as the S 1/2 of the S.M. 1/5 of City Lot 436 be and is hereby granted the revocable permit and authority to construct and maintain a projecting sign 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 projecting sign; 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 the location, installation, existence, construction or maintenance of said projecting sign 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 the projecting sign 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 projecting sign and in the event of their failure to do so, the City of Dubuque shall be authorized to remove said projecting sign 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 projecting sign. 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 . . . ..A \ for death, personal injuries andlor 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. Section 6. This Ordinance shall become effective and the rights hereunder accrue to Pfohl Investment 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 day of September, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Acceptance of Ordinance No. 74-00 (1) Clarence P. Pfohl, having read the terms and conditions of the foregoing Ordinance No. 74-00 and b.eing familiar with the conditions thereof, hereby accept this same and agree to the conditions r~quired therein. Dated in Dubuque, Iowa, this 5th day of September, 2000. By: Isl Clarence P. Pfohl Owner August, 31, 2000 Published officially in the Telegraph Herald newspaper this 11 th day of September, 2000. 1t 9/11 Jeanne F. Schneider, City Clerk