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'-'-~ :~ ~