Main Street 84 ROW Encroachment
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.
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ORDINANCE NO.
23
-99
"
AN ORDINANCE AUTHORIZING 5r~vlf"", 6rf,'~(vI~H,r-
CONSTRUCT c;(l..,N (' !\v-tI,vIN~ 1"r4'n:..,-n~l iJI
TO
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That 5n:vc(V G.,';),.",jG-.vr as the owner of the premises
known as {.'-f /'I11tf1\l Dubuque, Iowa, and legally described as
be and they are hereby granted the revocable permit and
authority to construct and maintain a 7tz4;-t.....rr"" (.....oJ,f'~( 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 CAf</Cf'/ ; 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 _
C'\ Nt; f' Y 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 CJt.VtJ t'l 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, 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
c...A-NII f'( and in the event of their failure to do so, the City of Dubuque shall
be authorized to remove said C4"'t'l'1. at permittees I 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 C....IV~,4.!
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 Sn!.~ G..k",,::;\.:r 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
1999.
15th
day of
March
Attest:
d~
Davis, City Clerk
.
ACCEPTANCE OF ORDINANCE NO.
23
-99
.
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 23 -99, 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: 5a:~N J. G,...~'N~vr
c~'" ,vt;./-.
Title: neB I [:3tBt(; Office
Dated: IlrtklL '3, f'l
.
.
.
.
.
c,? .3 -"1 t
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.
~ /ji;N 6r/"c/vI(A';f' 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.
)~Vp:-i-r G""~IC/V'G..vF 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 Sre;t11:7J ~"f).C/\.I'~vF 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.
r~)\
~
. Ph.319-557-7066. Fax 557-1072. 235 W. 2nd St.- Dubuque, IA 52001
THIS FAX IS TO:
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 9, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Right-of-Way Encroachment - 84 Main Street
Planning Services Manager Laura Carstens is recommending approval of a request
from Steven Gudenkauf to construct a canvas awning within the public right-of-
way to his building at 84 Main Street, since the encroachment does not impede the
City's use of the right-of-way or sidewalk.
.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
t fI--\
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I /' f -//;1
/}ltck/ ("I ~/l
Mrchael c. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
.
CITY OF DUBUQUE, IOWA
.
MEMORANDUM
March 3, 1999
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~
SUBJECT: Right-of-Way Encroachment - 84 Main Street
Introduction
The following is in response to a request from Steven Gudenkauf to construct a canvas
awning and sign within the public right-of-way to his building at 84 Main Street.
Discussion
Steven Gudenkauf would like to enhance the building by constructing an awning for the
businesses at this location. A sketch of the awning and sign is attached.
. 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 also been reviewed and approved by the Planning Services
Department for conformance to sign regulations.
Recommendation
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 ordinance provides for a
revokable permit and further requires Steven Gudenkauf to assume all liability, defend
the City, and hold the City harmless of any claims which may result from the installation
of the awning and sign within the City right-of-way.
Action to be Taken
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the installation of the awning and sign in the public right-
of-way.
LC/mkr
cc: Steven Neyens, Acting Building Safety Department Manager
Michael A. Koch, Public Works Director
. Attachment
.
.
.
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.
~{~ G,v1lcfvK.<I..;F 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.
3.
4.
)~V"i~ dV~lC/Vl(,lI-vF 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 rn!\1;aJ ~,,/)-c"",fA.vF 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.
ACORD.
CERTIFICATE OF LIABILITY INSURANC~~o 0A~E~o;;9
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 POUCIES BELOW.
PRODUCER
Hillhi.er Smdth Agency, ~nc.
00 Oakland Road H.B.
dar Rapid. IA 52402
ne:3l9-36S-86l1 Fax:3l9-365-6919
INSURERS AFFORDING COVERAGE
Steve Guc!enkauf Construction
!i2Jes~~~:8f L i~
Dubuque IA 520 ..
COVERAGES
INSURER A: W.st Send Mutual ~nlNZ'anc. CO
INSURER B:
INSURER c:
INSURER D:
INSUNOR E:
THE POlICIES OF IN8UWlCE LISTED BELOW ~VE BEEN ISSUEC TO THE INS~ED NAMED ABOVE FOR TIE POUCY PERIOD INDICATED. N01WlTlfSTANDIHG
AN'( /lEQUIRSiIENT, TERM OR CONDmoN OF ANY CONlRACT OR OTl1ER DOCUflENT WITH RESPECT TO 1MlICH THIS a:RTFICATE MAY BE ISSUED OR
MAY PERTAIN, Tl1E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL Tl1E TERNS, EXCl.U8IONS N<<J CONDITlONS OF SUCH
POLICIES. AGGREGATE ....,rrs lIHtllMiI MAY HAVE BEEN REDUCED BY PAlO ClAIMS. .
Irr.r TYPE OF IN8URANCE POUCY NUMBER ~~ LIMrTS
~UABU1'f EACH OCCURRENCE 11,000,000
A X COMMERCIAl. GENERAL LlA8l.nY CPZ0279159 11/04/98 08/040/99 FIRE DAMAGE (My_ In) , 100,000
I CLMIIS MADE [!] OCCUR MED E)Cp (Any one pnon) 85,000
.-- PERSONAL & /lDIIINJURY 81,000,000
~ GENERAL MiGREGATE '2,000,000
GENL AGGREGATE....IT APPliES PER: PRODUcra-COM~AGO 12,000,000
n poucv-r=f ~"8T n LOC
~'I'OMOBILE LIABILITY COMBlNEtl8INGl.E LIMIT ,
ANY AUTO (Ea 8CCId8nl)
-
AU OWNEtI AUTOS BODILY INJURY
- S
SCHEDULED AlIT08 (Per peraon)
-
HIRED AUTOS BODILY INJURY
- S
NO~DAUT08 (Per IlCI:idenl)
---
. - PROPERTY DAMAGE S
(PBr a:IllenI)
R UABI.ITY AUTO ONLY - EA ACCIlENT .
AIf'( AUTO i OTHER "THAN EA ACC .
; AUTO ONLY: AGG .
exCESS LIABILITY EACH OCCURRENCE 1
=:J OCCUR 0 CLAlM8MADE AGOAEGATE I
$
~ DEDUC11BLE .
RETENTION . $
WORl<ER8 COIoPENBATION AND X I ffi'R~' ('..'fisl IU';"
A EMPLOVERS' UAIlILnY WC::tOl81666 08/04/.98 08/001/99
E.L. EACHACCtDENT 1100,000
E.L. DlllEASE - EA EMPlOYEE $100,000
E.L DISEASE. POLICY LIMIT .500,000
OTHER
DESCRIPTION OF oPERATION8I\..OCATIONBlllEHICLE8/I!XCLUSlON8 ADDED BY ENDORSEMeNTISPEClAL PROVI81ONS
The city of Dubuque i..1ncluded a. aD Additional Insuzed.
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CERTIFICATE HOLDER I y I ADDITIONAL INSURED; "SURER LETTER: CAJIlCELLA TlON
D'DBlJQ-2 SHOUl.l) ANY OF 'floE ABOYE DESCRIBED POLICIES ElE CANCEu.ED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUf\lG INSUREFllMLL I!NOEAVOR TO MAIL ..!!- DAYS WRITTEN
'l'be C:l t:y of Dubuque NOTICE TO THE CERTIFICATE HOLDER NAMED TO Tl1E LEFT, BUT FAILURE TO DO 80 SHALL
llall:k Hoble
~ City Clell:k'. Office IMPOSE NO oeUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
50 W 13th Stll:eet REPRESENTATIVa.
Dubuque %A 52001-48405 AlITHORI2ED REPRESENTATIVE 1~~~ '"-1JfJ.S 8'rn~
I 'l':LlIIOthv J. c:.....DIl
ACORD 25-8 (7/97) - ACORD CC RPORATION 1991
100~
H.LIRS H3SIlfI1IR
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Ph.319.-557,,706€ c; Fax 557-1072 $ 2:35 'IV. 2nd Sf it Dubuqul? IA 52001
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CITY OF DUBUQUE1 IOWA
.
MEMORANDUM
March 3, 1999
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~
SUBJECT: Right-of-Way Encroachment - 84 Main Street
Introduction
The following is in response to a request from Steven Gudenkauf to construct a canvas
awning and sign within the public right-of-way to his building at 84 Main Street.
Discussion
Steven Gudenkauf would like to enhance the building by constructing an awning for the
businesses at this location. A sketch of the awning and sign is attached.
.
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 also been reviewed and approved by the Planning Services
Department for conformance to sign regulations.
Recommendation
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 ordinance provides for a
revokable permit and further requires Steven Gudenkauf to assume all liability, defend
the City, and hold the City harmless of any claims which may result from the installation
of the awning and sign within the City right-of-way.
Action to be Taken
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the installation of the awning and sign in the public right-
of-way.
LC/mkr
cc: Steven Neyens, Acting Building Safety Department Manager
Michael A. Koch, Public Works Director
. Attachment
.
.
.
ORDINANCE NO.
-99
AN ORDINANCE AUTHORIZING S'rt::v€.\I
CONSTRUCT )( I.r", t ~vJIIVINt. '''t4'Tt-'-nJll'6t
6r(,'K(V~IIr-
,
TO
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That
known as 6L.{ I11IttIlJ
~():vc{V 6"';).."'/Gtvf
as the owner of the premises
Dubuque, Iowa, and legally described as
be and they are hereby granted the revocable permit and
authority to construct and maintain a 7(Z1~-tc..n,l&. (f"t. ""f'~( 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 G~",~''f ; 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 _
C'\NtdY 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 tltl'tltd1 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, construction, maintenance
and repair of the facility, work or improvement permitted herein.
.
.
.
Section 4. That the permission herein granted is expressly conditioned upon
permittees I 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
CAm f'1 and in the event of their failure to do so, the City of Dubuque shall
be authorized to remove said (A,fII"" '( at permittees I 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 (..."'"..{
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 Sf1!.e;! G"k'i\I,:J\oIr 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 I expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this
1999.
day of
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO. 23 -99
.
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 23 -99, 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: 5n;VJ::I"I 1. 6'/l)'NlO'\-V!-
tJ~\jIV~
Title: neBI [3tatc Office
Dated: /ltlA-lt. J( f1
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 9, 1999
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT:
Right-of-Way Encroachment - 84 Main Street
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Planning Services Manager Laura Carstens is recommending approval of a request
from Steven Gudenkauf to construct a canvas awning within the public right-of-
way to his building at 84 Main Street, since the encroachment does not impede the
City's use of the right-of-way or sidewalk.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
I
I
M'chael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 3, 1999
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager~
SUBJECT: Right-of-Way Encroachment - 84 Main Street
Introduction
The following is in response to a request from Steven Gudenkauf to construct a canvas
awning and sign within the public right-of-way to his building at 84 Main Street.
Discussion
Steven Gudenkauf would like to enhance the building by constructing an awning for the
businesses at this location. A sketch of the awning and sign is attached.
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 also been reviewed and approved by the Planning Services
Department for conformance to sign regulations.
Recommendation
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 ordinance provides for a
revokable permit and further requires Steven Gudenkauf to assume all liability, defend
the City, and hold the City harmless of any claims which may result from the installation
of the awning and sign within the City right-of-way.
Action to be Taken
The City Council is requested to approve the recommendation and to adopt the
attached ordinance approving the installation of the awning and sign in the public right-
of-way.
LC/mkr
cc: Steven Neyens, Acting Building Safety Department Manager
Michael A. Koch, Public Works Director
Attachment
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ORDINANCE NO.
-99
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AN ORDINANCE AUTHORIZING 5 r~V6f.y
CONSTRUCT )( l.,N {- '~""'''',Nt.. i'~JI:-...nl"t',l
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TO
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That ~avctv 6,";)~-",~wf as the owner of the premises
known as 6'-f 1'I11'tft\J Dubuque, Iowa, and legally described as
be and they are hereby granted the revocable permit and
authority to construct and maintain a .,tl4rCc..r"U, (." ",'('\of 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 c../hlld'-( ; 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 _
C~N'- f'Y 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 (., It (oIt1 ('/ 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, 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
CAm 1''1 and in the event of their failure to do so, the City of Dubuque shall
be authorized to remove said (41\1&-1'1 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 c.... "n,.'f
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 Sft!...e:tJ G"kNtA.:r 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 I expense a copy of this ordinance in the Office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this
1999.
day of
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
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ACCEPTANCE OF ORDINANCE NO.
-99
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The undersigned having read and being familiar with the terms and conditions
of Ordinance No. -99, 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: ~l<1ON 1. G...')~NG'Wl-
O:\iIV~
Title: nee I [3tatc Office
Dated: fltt;t-lt.. )( f1
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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. ~/p,s Gvi1CIvIU\~-:= 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. )i!Sv..-.--.r d"'~lC/V"...vF 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 ~~ t;"f).Cw,4.vF 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.
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KATHY FLYNN THURLOW
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, I 4830-99
93 t'Jf;R 22 AH 10: 34
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'''COuFTY HE.COr:OER
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C'JSUClUE CO.. \.. if c.. ~/r D ()
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Prepared by: Laura Carstens: City Planner Address: City Hall Telephone:589-4210
ORDINANCE NO,
23
-99
AN ORDINANCE AUTHORIZING
CONSTRUCT )( l.,,,, (' J\"""I'''^,~
<) rt:.v,; AI
,',t+> Jl:..,-n!'(,t
TO
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That 5a:vcI" 6",I"."/;Gwf as the owner of the premises
known as [,'1 fJ1ItfN Dubuque, Iowa, and legally described as
be and they are hereby granted the revocable permit and
authority to construct and maintain a 7tl4";lrt-rr"''' '...",'f~( 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 CJI.,cf'( ; 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 _
c",""'f'f 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 C /l.~ ('/ 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, construction, maintenance
and repair of the facility, work or improvement permitted herein.
..
. -.
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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
C.MV~ 1''1 and in the event of their failure to do so, the City of Dubuque shall
be authorized to remove said C~v"", '1 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 c.... oJ, ;..{
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 Stt!.etJ G"~N,::;\,/r 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
1999.
15th
day of
March
Attest:
d~
.
. .
ACCEPTANCE OF ORDINANCE NO.
23
-99
.
The undersigned having read and being familiar with the terms and conditions
of Ordinance No. 23 -99, 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: 5n:~", 1. 6vl)'N~vl-
lJ~rV~
Title: nCBI [3tBtc Office
Dated: iMA-1t. " f1
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CERTIFICATE OF CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Mary A. Davis, 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. 23-
99 is a correct copy of the original Ordinance No. 23-99 approved and
adopted by the City Council of the City of Dubuque, Iowa, at a session held by
said Council on the 15th day of March, 1999,
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa,
Dated at Dubuque, Iowa this 22nd day of March, 1999,
7?~!)~
, M . A. Davis CMC
City Clerk for City of Dubuque, Iowa
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