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Cottingham & Butler Tunnel LicMEMORANDUM Januaw 15, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Irrevocable License for Cottingham & Butler Cottingham & Butler, 300 Security Building, has requested City approval for the construction of an underground tunnel from their present building, across Main Street, to their newly-acquired and remodeled buildings at 823 and 835 Main Street. The underground passage will link the two buildings for employee use. Public Works Director Mike Koch recommends approval of Cottingham & Butler's request for encroachment into the public right-of-way of Main Street and recommends that it be set for public hearing on February 4, 2002. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, City Engineer CITY OF DUBUQUE, IOWA MEMORANDUM January 15, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Irrevocable License for Cottingham & Butler INTRODUCTION The purpose of this memorandum is to request approval of a request from Cottingham & Butler for an encroachment into the public right-of-way of Main Street. DISCUSSION Cottingham & Butler of 300 Security Building has requested City approval for the construction of an underground tunnel from their present building, across Main Street, to their newly-acquired and remodeled buildings at 823 & 835 Main Street. The underground passage will link the two buildings for employee use. All the required documents have been submitted including the request for an "Irrevocable License", a signed Acceptance of Terms, Certificate of Insurance and a detailed drawing. The plans have been reviewed and approved by the Building Services Department and the Engineering Division. The plans have also been reviewed by Durrant for conformity with the reconstruction project on Main Street. RECOMMENDATION I recommend approval of the request of Cottingham & Butler for encroachment into the public right-of-way of Main Street, and recommend this matter to be set for public hearing on February 4, 2002. MAK/vjd Prepared by Jane Smith RESOLUTION NO. 31-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTERESTS UNDER A PORTION OF MAIN STREET BETWEEN 8TM & 9TM STREETS IN THE CITY OF DUBUQUE, IOWA Whereas, as Cottingham & Butler, Inc. desires to construct an underground tunnel between its two building locations on the east and west side of Main Street, between 8th & 9th Streets; and Whereas, plans have been submitted to the City by Straka-Johnson Architects, PC, and have been approved by the Building Services Department and the City Engineering Division; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this underground portion of Main Street is not required for public use, and the request for Irrevocable License for construction of said tunnel should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to issue an Irrevocable License to Cottingham & Butler, Inc. for the construction of a new tunnel under Main Street, between 8th & 9th Streets. Section 2. That the conveyance of the License to Cottingham & Butler, Inc. be contingent upon the payment of one dollar ($1.00), plus platting, publication, and filing fees. Section 3. That the City of Dubuque reserves unto itself the perpetual dght for the purpose of erecting, installing, constructing, reconstructing maintaining, owning, operating and repairing sewer, drainage, gas, telephone, t.v., cable, and electrical lines above or below said tunnel as such utilities would not interfere with the existence of the tunnel. Section 4. That the City Clerk be and is hereby directed to cause a Notice of Intent to dispose of said real estate by Irrevocable License to be published in the manner as described by law. Passed, approved and adopted this 21st day of January ,2002. Ann E. Michalski, Mayor Pro-Tem Attes~t: Jeanne F.Schneider, City Clerk www. cb-sisco.com 61 qsu Cottingham & Butler C&B Insurance I $ISCO I HealthCorp I Safety Management January 14, 2002 Michael VanMffiigergCityManager CityofDubuque 50We~ t36 Stre~ Dubuque, IA52001 Dear Mike, Cottingham & Butler/s hereby applying for approval of a License Authorizing Construction On Public Right-of-way to construct an underground walkway connecting the Town Clock and Security Buildings. Enclosed please £md our license application with requested subm/ttals and a schedule with architectural drawings for the project. This passageway will allow for the flow of personnel, supplies and mail between our two buildings. We have been working with City Engineering, Durrant Group, I1W Engineering and most recently Portzen Construction, to develop the design and coordinate the project with the work that is being done to reconstruct Main Street. We would be happy to answer any questions that you or members of your staff may have. Feel free to contact me at 587-5215 or our Facilities Manager, Mary Lou Baal, at 587-5133. We would greatly appreciate your assistance. Sincerely, Treasurer Cotlingham & Butler Enclosures cc: Mary Lou Baal (563) 583-7344 (563) 583-7301 (563) 583-7344 (563) 583-5888 (563) S83-730I (800) 79345235 (800) 793-5235 (800) 457-4726 (800) 583-5888 (800) 793-5235 LICENSE AUTHORIZING COT~INGHAM & BUTLER CONSTRUCTION UNDERGROUND WALKWAY ON PUBLIC RIGHT OF WAY TO Section 1. JOHN E BUTLER as the owner of the premises, (Licensee), known as COTtINGEAH & BUI/.~R in Dubuque, Iowa, and legally described as COTTINGBA~ & BLTLTLER be and is hereby granted an Irrevocable License and authority to construct and maintain U~)~GROUND WA~EWAY , (Encroachment) (see attachment for location) under the terms and conditions set forth in this Lice~ se. Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said Encroachment; and Procure and maintain in force during the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule; and 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 Encroachment 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 Iocation~,~ installation, existence, construction or maintenance of Encroachment and to pay reasonable attorney fees therefor; and 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 Encroachment. Section 3. That said Encroachment shall be maintained in accordance with all applicable state and federal laws and regulations, and the Ordinances of the City of Dubuque. Section 4. Licensee covenants and agrees that the Irrevocable License herein granted does not constitute an approval of the design, erection, location, construction, repair or maintenance of said Encroachment and Licensee hereby covenants and agrees 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 Licensee arising out of or in any way connected with the location, installation, construction, design, repair and maintenance of the Encroachment. Section 5. This Irrevocable License shall become effective and the rights hereunder accrue to Licensee when this License has been approved by the City Council and the terms and conditions thereof accepted by Licensee by acceptance endorsed on this License. Section 6. That the City Clerk be and she is authorized and directed to file at Licensees' expense a copy of this License in the Office of the Recorder in and for Dubuque County, Iowa. Section 7. Iowa One-Call registration may be required by the Code of Iowa. When applicable, Licensee shall submit documentation to the City Engineer of the Iowa One-Call membership. Signed this day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE The undersigned, being duly authorized to execute this Acceptance on behalf of COTTTNGI4AM & BU~,ER , and having read and being familiar with the terms and conditions of the Irrevocable License, hereby, for themselves, its successors or assigns, as owners of the abutting proper[y, accepts the same and agree to be bound by the terms and conditions therein contained to be performed by COTTINGHAM & BUTLER By: Steve Bonfig Title: Treasurer Dated: /'-/5'-'-~ :~ ~