Rosedale - Alley improve - M. Mulgrew
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MEMORANDUM
August 27, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Agreement Between the City of Dubuque and Michael J. Mulgrew for Alley
Improvements on Rosedale Avenue
City Engineer Gus Psihoyos recommends City Council approval of an agreement
between the City of Dubuque and developer, Michael J. Mulgrew, to improve and use
an existing platted City alley adjacent to 1144 Rosedale Avenue for the purpose of
building a driveway to access future homes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
August 24, 2005
FROM:
Michael C. Van Milligen, City ManngorQ
Gus Psihoyos, City Engineer -lJ~.
TO:
SUBJECT: Agreement Between the City of Dubuque and Michael J. Mulgrew
for Alley Improvements on Rosedale Avenue
INTRODUCTION
This memorandum requests that the City Manager recommend to the City
Council approval of an agreement between the City of Dubuque and developer,
Michael J. Mulgrew, to improve and use an existing platted City alley adjacent to
1144 Rosedale Avenue for the purpose of building a driveway to access future
homes.
BACKGROUND
Mr. Mulgrew approached the City Engineer about the possibility of improving a
City alley adjacent to 1144 Rosedale Avenue for the construction of and access
to two single-family homes.
Initially, an abutting property owner objected to the improvement plan because of
a dispute with Mr. Mulgrew over property boundaries and the alley's location.
However, the dispute was settled by a court decision in favor of Mr. Mulgrew.
The Engineering Department approves of this proposed alley
improvement/access based on the satisfactory provision for utility locations,
access, erosion control, drainage issues, and approval by the Fire, Building
Services, and Planning Services Departments. In addition, a security deposit of
$1,000 will be required to ensure that the developer completes the work
according to the plans and specifications. Mr. Mulgrew has agreed to these
requirements.
DISCUSSION
The attached agreement between the City of Dubuque and Mr. Mulgrew includes
the foregoing terms and conditions of the alley improvement and access.
ACTION TO BE TAKEN
I recommend that the City Manager request City Council approval for the City
Manager to execute the attached agreement.
Prepared by; Gus Psihoyos. Asst. City EnQineer. City of Dubuque. 50 W. 13th St.. Dubuque. IA 52001 (563) 589-4270
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MICHAEL J. MULGREW
FOR
ALLEY IMPROVEMENTS ON ROSEDALE
THIS AGREEMENT made and entered into this 12th day of August, 2005,
by and between the City of Dubuque (City) and Michael J. Mulgrew (Developer)
whose address is 1695 Catherine Street, Dubuque, Iowa, 52001.
WHEREAS, (Developer) is proposing to construct single-family homes on
Developer's property described as Lots 20, 21, 22 and 23 of Woods Addition;
and
WHEREAS, Developer desires to use the City alley adjacent to 1144
Rosedale Avenue for the purpose of building a driveway to access future homes
on Developer's property; and
WHEREAS, any improvements to the City alley must be constructed
according to City specifications; and
WHEREAS, City is willing to allow Developer to construct the
improvements to the alley and to use the alley for access to Developer's property
but only on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the terms, conditions, covenants
and performances contained herein, the parties hereto agree as follows:
1. City hereby grants to Developer permission to improve the City alley for
the purpose of providing access to the proposed single family homes
from Rosedale Avenue. Notwithstanding any such improvements,
however, the alley shall at all times remain a public right of way.
Developer shall abide by all City regulations, permits, specifications and
insurance requirements and shall build and maintain the alley
improvements according to City specifications which includes proper
grade, pavement thickness, proper erosion control and drainage.
2. To secure the performance of the conditions set forth herein, Developer
shall provide City with a certificate of deposit in the amount of $
1,000.00. In the event Developer fails to comply with the conditions of
this Agreement, City may use such security for such purpose.
3. In the event Developer does not to complete the improvements to the
alley, Developer shall restore the alley to the condition it was in prior to
any work by Developer. City has the right to use the security to restore
the alley to its original condition.
4. Developer shall maintain proper erosion control at all times.
5. Developer shall provide positive drainage away from abutting
properties insuring no additional runoff will affect downstream properties.
6. Developer agrees that nothing contained herein shall relieve Developer
of the responsibility for providing adequate private drainage facilities on
the Project site or the responsibility for discharging storm water to a
public drainage facility in accordance with plans therefore approved by
the City. Developer shall prepare plans for and construct such drainage
facilities in accordance with City's design standards and practices.
7. This Agreement shall be binding upon City and Developer and their
successors, executors, administrators and assigns.
8. Developer shall not assign, sublet, or transfer its interests in this
Agreement without prior written consent of City, which consent shall not
be unreasonably withheld.
9. Nothing herein shall be construed as giVing any rights or benefits
hereunder to anyone other than City and Developer.
10. This Agreement supercedes all previous Agreements, oral or written,
between City and Developer and represents the whole and entire
Agreement between the parties regarding this matter. This Agreement
may not be altered, modified or amended except in writing, properly
executed by an authorized representative of City and Developer.
11. If any section, clause or provision of this Agreement shall be held invalid,
such invalidity shall not affect the validity of any other section, clause,
paragraph, portion or provision of this Agreement.
12. The construction, interpretation and performance of this Agreement shall
be governed by and construed in accordance with the laws of the state
of Iowa. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Agreement or any provision thereof shall be
instituted and maintained in a court of competent jurisdiction located in
the County of Dubuque, State of Iowa.
13. To the fullest extent permitted by law, Developer shall indemnify and
hold harmless City from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or
resulting from performance of this Agreement, provided that such claim,
damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property including loss of
use resulting therefrom, but only to the extent caused in whole or in part
by negligent acts or omissions of Developer, Developer's contractor or
subcontractor, or anyone directly or indirectly employed by Developer or
Developer's contractor or subcontractor or anyone for whose acts
Developer or Developer's contractor or subcontractor may be liable,
regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
14. Developer shall require that its contractors or subcontractors comply with
City's INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR
ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE
CITY OF DUBUQUE
IN WITNESS THEREOF, the parties hereto have made and executed this
Agreement the day, month, and year first above written.
DEVELOPER CITY OFDUBUQUE
Michael ,1 Mulgre
chez
Printed Name
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Title
Printed Name
City Manager
Title