Signed Contracts_Ronald and Sandy Conrad IndemnificationMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
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AII- America City
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2007
SUBJECT: Indemnification Agreement between City of Dubuque and Ronald
and Sandy Conrad
DATE: October 27, 2011
INTRODUCTION
This memorandum seeks approval of the Indemnification Agreement between the City of
Dubuque (City) and Ronald and Sandy Conrad (Conrad) as it relates to the condominium
driveway construction at 440 Raymond Place.
DISCUSSION
The common driveway for the condominiums at 440 Raymond Place was built according to the
City minimum standards of 5 inches out of the flowline of the street gutter for storm water,
snow melt and runoff to be retained in the street. After construction, it was noted that some of
the vehicles that Mr. Conrad owned were having difficulty entering and exiting the property due
to the approach angle that Mr. Conrad was using in the driveway, the street gradient and
building elevation relative to the street grade. Therefore, Conrad approached the City to
request a variance of 3 inches above the gutter flowline to resolve this matter.
The Engineering Department agreed to the variance if Conrad had sole responsibility for the
maintenance of the driveway and approach and if the City was held harmless from any claims.
The Indemnification Agreement was reviewed and approved by Legal Services.
ACTION TO BE TAKEN
The execution of the Indemnification Agreement between the City of Dubuque, Iowa and
Ronald and Sandy Conrad is requested.
cc: Jon Dienst, PE
Ron Turner, PLS
Jane Smith, Engineering Assistant
Attach.
J
INDEMNIFICATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
RONALD AND SANDY CONRAD
WHEREAS, the City of Dubuque (City) construction standards require that
driveway approaches be a minimum of 5" out of the flowline to help keep storm
water, snow melt and run =off out in the street and not flow into the private
driveway; and
WHEREAS, the current driveway at 440 Raymond Place constructed by
Ronald and Sandy Conrad (Conrad) complies with City construction standards
for flowline; and
WHEREAS, Ronald and Sandy Conrad (Conrad) intend to lower the
driveway at 440 Raymond Place, to 3" out of the flowline; and
WHEREAS, City will agree to allow the reconstruction of the driveway and
approach at 440 Raymond Place to 3" out of the flowline, but Only upon the terms
and conditions set forth herein.
Now therefore it is agreed by and between Conrad and City that in
consideration for City granting to Conrad permission to lower the driveway to 3"
out of the flowline, Conrad agrees to:
A. Defend, indemnify, and hold harmless City, its officers, agents,. and
employees from and against any and all claims of any kind to person
or property arising out of and from the construction, . use of, or
maintenance of the driveway at less than 5" out of the flowline.
B. Conrad shall obtain and maintain at all times while the driveway and
approach are Tess than 5" out of the flowline insurance with limits and
coverage not Tess than as set forth in the City's standard Insurance
Schedule A.
This Agreement shall be binding upon the parties, their heirs, successors, and
assigns.
Dated this 9/ day of OCCY 12011.
. .
CITY OF DUBUQUE, IOWA •
By:
Michael C. Van Milligan; City Manager •• a ; • •
. • •
RONALD CONRAD SANDY CONRAD
: : • .'• • .•-
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