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Cottingham & Butler Easement
MEMORANDUM January 3, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Cottingham & Butler Easement to Construct Underground Tunnel Public Works Director Mike Koch had previously requested that a public hearing be set for February 4 to consider a irrevocable license for Cottingham & Butler to build an underground tunnel from their present building, the Security Building, under Main Street to their newly-acquired and remodeled building at 823 and 835 Main Street, the:Town Clock Building. Since that time, Corporation Counsel Barry Lindahl has determined that the public hearing will not be on the issuance of an irrevocable license, but will be on the granting of an easement. Public Works Director Mike Koch is recommending approval of the easement. I concur with the recommendation and respectfully request Mayor and City Council approval. Mitchael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, City Engineer RESOLUTION NO. 45-02 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO SECURITY PARTNERS, L.P., AN IOWA LIMITED PARTNERSHIP WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described real property: Commencing at the southwesterly corner of City Lot 29 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of said City, thence northerly along the Westerly boundary of City Lot 29 and City Lot 30, a distance of 75 feet more or less to the centerline of a proposed underground passageway, said point being the point of beginning of the centerline of the easement hereby defined; thence southwesterly to a point on the easterly boundary of City Lot 54 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, said point being located 67.5 feet more or less, northerly along said easterly boundary from the southeasterly corner of City Lot 55 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, lowa,.and said point being the terminus of said centedine; WHEREAS, Secudty Partners, L.P., an Iowa limited partnership, now desires to obtain an easement through, under and across a portion of said property for the purpose of constructing, using, maintaining, repairing and reconstructing an enclosed, underground passageway within such easement area, for passage between property now owned by Security Partners, L.P.; WHEREAS, on February 4, 2002, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; AND WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such real property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, approves the Grant of Easement attached hereto and the Mayor is hereby authorized and directed to sign this resolution and the Grant of Easement. Passed, approved and adopted this 4th day of February, 2002. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk Allan J. Carew FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER 200 Security Building, 151 West 8th Street, Dubuque, Iowa 52001 (319) 556-4011 GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER For the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Dubuque, Iowa, a Municipal Corp. of Dubuque County, Iowa, 50 West 13th Street, Dubuque, Iowa 52001-4864 ("Grantor") does hereby grant, sell and convey to Security Partners, L.P., an Iowa limited partnership ("Grantee") a right of way and permanent easement thirty (30) feet in width, 15 feet in perpendicular distance on each side of a centerline through, under and across a portion of Main Street in the City of Dubuque, Iowa the following described real property situated in Dubuque, Dubuque County, Iowa, to wit: Commencing at the southwesterly comer of City Lot 29 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of said City, thence northerly along the Westerly boundary of City Lot 29 and City Lot 30, a distance of 75 feet more or less to the centerline of a proposed underground passageway, said point being the point of beginning of the centerline of the easement hereby defined; thence southwesterly to a point on the easterly boundary of City Lot 54 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, said point being located 67.5 feet more or less, northerly along said easterly boundary from the southeasterly comer of City Lot 55 in the City of Dubuque, Iowa, according to the United State Commissioners' Map of the Town of Dubuque, Iowa, and said point being the terminus of said centerline; for the purpose of constructing, using, maintaining, repah-ing and reconstructing an enclosed, underground passageway within such easement area, for passage between property now owned by Grantee which is legally described as follows: City Lot 29, City Lot 30 and the South one-third of City Lot 31 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of said City, and property now owned by Town Clock Building Company, an Iowa corporation which is legally described as follows: Lot 54 in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Town of Dubuque, Iowa, such grant of easement being subject, however, to the following terms and conditions: 1. Acceptance. Grantee hereby accepts this grant of easement and the terms and conditions set forth herein. 2. Temporary Easement. Grantee and its contractors and agents shall have a temporary construction easement sixty (60) feet in width, centered on the easterly-westerly centerline of the above-described permanent easement, during the period of construction of the contemplated underground passageway. 3. Grantor Approval of Plans and Specifications; Backfilling. The contemplated underground passageway shall be constructed by the Grantee at its cost, in conformity with plans and specifications approved by the Grantor (which approval shall not be unreasonably withheld), and the Grantee acknowledges that the grant of this easement does not constitute a present approval of any plans or specifications. Grantee shall backfill and compact the disturbed area to the grade of the surrounding property at the time of completion of Grantee's passageway. 4. Grantor's Retained Rights. After completion of construction of the contemplated underground passageway, the Grantor shall have the right and obligation, at Grantor's expense, to pave the surface of the Grantee's easement for use as a motor vehicle roadway (or for other surface landscaping and use), provided that such surface improvements and use by the Grantor shall be constructed to such design standards and quality that surface use shall not damage or impair Grantee's sub-surface improvements or use. The Grantor reserves the perpetual right at the Grantor's expense to erect, install, construct, reconstruct, malnta'm, own, operate and repair sanitary sewers, storm sewers, gas, telephone, television, cable and electrical lines above or below the Grantee's underground passageway in such a manner and location that such utilities will not interfere with the Grantee's construction, use, maintenance or repair of the underground passageway. 5. Grantee Indemnification of Grantor. Grantee shall assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction, design, maintenance or repair of said underground passageway; without limiting the foregoing statement, Grantee shall assume and pay on behalf of the Grantor all sums which the Grantor shall become obligated to pay by reason of liability imposed upon the Grantor for damages of any kind, whether for injury to person or property, resulting from the location, installation, existence, construction, ma'mtenance or repair of such underground passageway, sustained by any person, persons or other claimant, caused by accident or otherwise, and the Grantee further shall defend the Grantor and hold the Grantor harmless from all expense arising from or relating to any such claim, including, without limitation, attorneys fees and other costs or expenses of investigation or defense. 2 6. Grantee Maintenance. The Grantee shall maintain its underground passageway at its expense, and, subject to Paragraph 4 thereof, the Grantor shall have no responsibility for water leakage from the surface of Main Street into the undergrotmd passageway. 7. Grantee Representation. Grantee does hereby expressly represent that it is the owner in fee of City Lot 29, City 30 and the South 1/3 of City Lot 31 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of said City and the that undersigned has full power and authority to execute this Agreement on behalf of the Grantee. 8. Easement Binding on Successors. The permanent easement hereby granted by Grantor and accepted by Grantee shall mn with the land, for the benefit of the above described property owned by Grantee, and for the benefit of Grantee, its licensees, successors, and assigns (including contractors) forever. 9. Costs. Grantee shall pay all necessary costs incident to platting of the easement, publication of notices, and filing fees. 10. Schedule. Insurance. Grantee shall provide insurance as set forth on the attached Insurance Executed at Dubuque, Iowa, this 4th day of February, 2002. City of Dubuque, Iowa, Grantor Title: Terrance M. Duggan, Mayor Titl4: Jeanne F. Schneider, Clerk Security Partners, L.P., Grantee /s/ Stephen J. Bonfig, Treasurer Title: 3 STATE OF IOWA DUBUQUE ) ) ) On this 4th day of February, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 45-02 adopted by the City Council on the 4th day of February, 2002, and that Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it volunt~d. ~----x N t~'yP{b-lic in arid for said State STATE OF IOWA Iss: ~~ DUBUQUE ) On this 30th day of January, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Stephen J. Bonfig, to me personally known, who being by me duly sworn did say that the person is the Treasurer of Cottingham & Butler Insurance Services, Inc. the General Partner of Security Partners, L.P., an Iowa limited partnership executing the foregoing instrument, that the instrument was signed on behalf of the corporation as General Parmer of Security Parmers, L.P., an Iowa limited parmership, by authority of the corporation's Board of Directors; and that Stephen J. Bonfig as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by ¢~ officer voluntarily executed. COMMISSION NO. 5475 MY COMMISSION EXPIRES FEBRUARY 18~ 2002 4 Allan J. Carew FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER 200 Security Building, 151 West 8th Street, Dubuque, Iowa 52001 (319) 556-4011 GRANT OF EASEMENT 2672-02 2~02FEB-5 PH 1:57 SPACE ABOVE THIS LINE FOR RECORDER For the sum of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the City of Dubuque, Iowa, a Municipal Corp. of Dubuque County, Iowa, 50 West 13th Street, Dubuque, Iowa 52001-4864 ("Grantor") does hereby grant, sell and convey to Security Parmers, L.P., an Iowa limited partnership ("Grantee") a right of way and permanent easement thirty (30) feet in width, 15 feet in perpendicular distance on each side of a centerline through, under and across a portion of Main Street in the City of Dubuque, Iowa the following described real property situated in Dubuque, Dubuque County, Iowa, to wit: Commencing at the southwesterly comer of City Lot 29 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of said City, thence northerly along the Westerly boundary of City Lot 29 and City Lot 30, a distance of 75 feet more or less to the centerline of a proposed underground passageway, said point being the point of beginning of the centerline of the easement hereby defined; thence southwesterly to a point on the easterly boundary of City Lot 54 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, said point being located 67.5 feet more or less, northerly along said easterly boundary from the southeasterly comer of City Lot 55 in the City of Dubuque, Iowa, according to the United State Commissioners' Map of the Town of Dubuque, Iowa, and said point being the terminus of said centerline; for the purpose of constructing, using, maintaining, repairing and reconstructing an enclosed, underground passageway within such easement area, for passage between property now owned by Grantee which is legally described as follows: City Lot 29, City Lot 30 and the South one-third of City Lot 31 in the City of Dubuque, Iowa, according to the United States Comm/ssioners' Map of said City, and property now owned by Town Clock Building Company, an Iowa corporation which is legally described as follows: Lot 54 in the City of Dubuque, Iowa according to the United States Commissioners' Map of the Town of Dubuque, Iowa, such grant of easement being subject, however, to the following terms and conditions: 1. Acceptance. Grantee hereby accepts this grant of easement and the terms and conditions set forth herein. 2. Temporary Easement. Grantee and its contractors and agents shall have a temporary construction easement sixty (60) feet in width, centered on the easterly-westerly centerline of the above-described permanent easement, during the period of construction of the contemplated underground passageway. 3. Grantor Approval of Plans and Specifications; Backfilling. The contemplated underground passageway shall be constructed by the Grantee at its cost, in conformity with plans and specifications approved by the Grantor (which approval shall not be unreasonably withheld), and the Grantee acknowledges that the grant of this easement does not constitute a present approval of any plans or specifications. Grantee shall backfill and compact the disturbed area to the grade of the surrounding property at the time of completion of Grantee's passageway. 4. Grantor's Retained Rights. After completion of construction of the contemplated underground passageway, the Grantor shall have the right and obligation, at Grantor's expense, to pave the surface of the Grantee's easement for use as a motor vehicle roadway (or for other surface landscaping and use), provided that such surface improvements and use by the Grantor shall be constructed to such design standards and quality that surface use shall not damage or impair Grantee's sub-surface improvements or use. The Grantor reserves the perpetual right at the Grantor's expense to erect, install, construct, reconstruct, maintain, own, operate and repair sanitary sewers, storm sewers, gas, telephone, television, cable and electrical lines above or below the Grantee's underground passageway in such a manner and location that such utilities will not interfere with the Grantee's construction, use, maintenance or repair of the underground passageway. 5. Grantee Indemnification of Grantor. Grantee shall assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction, design, maintenance or repair of said underground passageway; without limiting the foregoing statement, Grantee shall assume and pay on behalf of the Grantor all sums which the Grantor shall become obligated to pay by reason of liability imposed upon the Grantor for damages of any kind, whether for injury to person or property, resulting from the location, installation, existence, construction, maintenance or repair of such underground passageway, sustained by any person, persons or other claimant, caused by accident or otherwise, and the Grantee further shall defend the Grantor and hold the Grantor harmless from all expense arising from or relating to any such claim, including, without limitation, attorneys fees and other costs or expenses of investigation or defense. 2 6. Grantee Maintenance. The Grantee shall maintain its underground passageway at its expense, and, subject to Paragraph 4 thereof, the Grantor shall have no responsibility for water leakage from the surface of Main Street into the underground passageway. 7. Grantee Representation. Grantee does hereby expressly represent that it is the owner in f,ee of City Lot 29, City 30 and the South 1/3 of`City Lot 31 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of`said City and the that undersigned has full power and authority to execute this Agreement on behalf` of the Grantee. 8. Easement Binding on Successors. The permanent easement hereby granted by Grantor and accepted by Grantee shall run with the land, for the benefit of'the above described property owned by Grantee, and for the benefit of Grantee, its licensees, successors, and assigns (including contractors) forever. 9. Costs. Grantee shall pay all necessary costs incident to platting of the easement, publication of notices, and filing fees. 10. Schedule. Insurance. Grantee shall provide insurance as set f,orth on the attached Insurance Executed at Dubuque, Iowa, this 4th day of February, 2002. City of Dubuque, Iowa, Grantor Title: Terra'ce M. Duggan, May~ / tl~/. Jea~e F. Schneider, Clerk Security Partners, L.P., Grantee Title: Ste~hen~ ~' ~--J. Bon~, Treasurer 3 STATE OF IOWA DUBUQUE ) ) SS: ) STATE OF IOWA ) ) SS: DUBUQUE ) On this 4th day of February, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 45-02 adopted by the City Council on the 4th day of February, 2002, and that Ten ance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. On this 30th day of January, 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Stephen J. Bonfig, to me personally known, who being by me duly sworn did say that the person is the Treasurer of Cottingham & Butler Insurance Services, Inc. the General Parmer of Security Partners, L.P., an Iowa limited parmership executing the foregoing instrument; that the instrument was signed on behalf of the corporation as General Partner of Security Partners, L.P., an Iowa limited parmership, by authority of the corporation's Board of Directors; and that Stephen J. Bonfig as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by,the officer voluntarily executed. ~ ': m' ~O~M~ON EXPt~ES I FEBRUARY lS, 2002 2 Notary PJa4~,li/c in and for said State 4 CERTIFICATE OF LIABILITY INSURANCF , %, Dt PRODUCER Cottingham & Butler, Inc. 300 SECURITY BUILDING PO BX 28 DUBUQUE IA 52001 Phone: 563-587-5000 Fax: 563-583-7339 INSURED Cottingham & Butler. Inc. Security Partners, L.P. P. O. Box 28 Dubuque IA 52004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CER~'IFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERk St. Paul Fire &&Marine Ins Co INSURERB: Heritage Mutual Insurance Co. INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ]NSR POLICY EFFECTIVE POLICY EXPIRA3]ON LTR TYPE OF INSURANCE I POLICY NUMBER DATE {MMfOD/YY) DATE (MMIDD/Y~ I UMITS GENERAL LIABILITY EACH OCCURRENCE i $ I x 000 · 000 A ~ CO~MERC]ALGENERALLIAB]LITYcLAiMSMADE E~ OCCUR FS06301543 04/01/01 04/01/02 MEDEXP(Anyoneperson)FIREDAMAGE(Anv°~efire) $5,0005100,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMFi- APPLIES pER: PRODUCTS - COMPIOP AGG $21000r000 I EXCESS LIABILITY EACH OCCURRENCE $ 9,000, 000 A __~ OCCUR [] CLAIMSMADE FS06301543 04/01/01 04/01/02 AGGREGATE $ 9,000,000 $ ~ DEDUCTIBLE $ X I RETENTION $10,000 $ ,O ERE DOMPBNS ION AND I TORYLIMTE B EMPLOYERS' UASlLITY 221513 04/01/01 04/01/02 E.L EACH ACCIDENT $500,000 EL. DISEASE - EA EMPLOYEE $ 500,000 ELDISEASE-POLICYLIMIT $ 500,000 A Waiver of Subrogation on the Workers Compenstation policy applies in favor of The City of Dubuque. See attached Form#CC 20 2511 85 for additional insured wording which al:~lies in favor of The City of Dubuque. See Attached Governmental Im~unities Endorsement Form which applies in favor of The City of Dubuque. CERTIFICATE HOLDER I Y i ADDmONAL INSURED; INSURER LETTER: __ CANCELLATION The City of Dubuque 50 West 13th St Dubuque IA 52001 CIDUIA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ~ I~.~.~t~ 30 DAYS WRITTEN NO~]CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~ AUTHORIZED REPRE V~ . ' ~ viotoria ©ACORD CORPORATION 1988 ACORD 25-S (7~97) - IFICATE OF LIABILITY INSURANC , o DATE,..,DD 01/14/02 Cottingham & Butler, Inc. 300 Security Building Dubuque IA 52001 Phone: 563-587-5000 Fax: 563-583-7339 INSURED Cottin~ham & Butler, Inc. P. O. ~ox 28 Dubuque IA 52004 COVERAGES 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: St. Paul Fire &&Marine Ins Co INSURERS: Heritag~ Mutual Insurance Co. INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE L~STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERN] OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF]CATE MAY BE ISSUED OR ivtaY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIM D-S SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAIMS. POLICY NUMBER ~ ~ LIMITS. I EACH OCCURRENCE $ 1,000,000 t ~1 X l COMMERCIALGENERALLIABILI~' FS06301543 04/01/01 04/01/02 ~ ~ CLAIMS MABE ~ OCCUR MED EXP (Ar~y one Person~ S 5,00~ PRODUD'rS-COMPtOP^O0 S 2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pe~ person) ~ [] AUTO ONLY: AGO EXCESS LIABILITY EACH OCCURRENCE 9,000,000 CLAIMS MADE FS06301543 04/01/01 04/01/02 AGGREGATE 9,000,000 ~ $ 10,000 WQRKEBS OOM"ENSATION ~ EMPLOYERS'LIABILITY 221513 04/01/01 04/01/02 E.L. EACH ACCIDENT $500,000 ~Es~'°~l E.L ClSEABE-~EMPLOYEE S 500,000 E.L. DISUSE - POUCY UM~T S 500,000 *Except for non-payment of premium. Please see attached for Additional Insured wording and Waiver of Subrogation. CERTIFICATE HOLDER CANCELLATION CIDUIA7 The Cit~ of Dubuque 50 West 13th St Dubuque IA 52001 ACORD 25-S (7197) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WPJTi-EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGA'RON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ©ACORD CORPORATION 1988 A O.RO. CERTIFICATE OF LIABILITY INSURANC , o Cottingham & Butler, Inc. 300 Security Building Dubuque IA 52001 Phone:563-587-5000 Fax:563-583-7339 Cottinaham & Butler, Inc. P. O. ~ox 28 Dubuque IA 52004 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 POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: St. Paul Fire && Marine Ins Co iNSURERB: Heritage Mutual Insurance Co. INSURER C: INSURER D: tNSURER E: COVERAGES THE POLICIES OF INSUP. ANCE LISTED BELOW HAVE BEEN ISSUED TO THE iNSURED NAMED ABOVE FOR THE POLtCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W~TH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. TRB INSURANCE AFFORDED BY THE POLICIES DESCRIBBD HEREIN IS SUBJECT TO ALL 'FHE TERMS. EXCLUSIONS AND CONDFi-[ONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BBEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE IMMIDD/YY} DATE (MM/DD/YY) Lt MITS GENERAL LIABILITY EACH OCCURRENCE $ I ,, 000 ,, 000 A X COMMERCIALGENERALLL~BILI~Y FS06301543 04/01/01 04/01/02 FIREDAMAGE(Anyonefire) $100,000 I CLAIMS MADE [] OCCUR MED EXP (Anyoneperso,) $ 5,, 000 PERSONAL & ADVINJURY i $1 / 000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LiMFT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 t 000 ,, 000 IPOLICY~ JECT ~ LOC EXCESS LIABILITY EACH OCCURRENCE $ 9,000,000 A ~ OCCUR [~ CLAIMS MADE FS06301543 04/01/01 04/01/02 AGGREGATE S 9,000,000 $ DEDUCTIBLE RETENTION $10,000 $ 'l=t EM PLOYERS' LIABILITY 221513 04/01/01 04/01/02 E.L EACH ACC]DENT $500,000 E.L DISEASE-EAEMPLOYEE $ 500 ,, 000 E.L DISEASE - POLICY LIMIT $500,,000 OTHER *Except for non-payment of premium. Please see attached for Additional Insured wor~ing and Waiver of Subrogation. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION The Cit~ of Dubuque 50 West 13th St Dubuque IA 52001 ACORD 25-S (7~97) CIDUIA7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA'~ON Victoria L. Voellinqer ~ ©ACORD CORPORATION 1988 ~ M~"'~TI~OAI'~- HOLDER~ODE · CZDUZA? COTBUT1 I~V I~.../ff"~.~. INSURED S NAME Cottingha.m & Butler, Inc. OPID D9 ~T~e City of Dubuque, including all its elected & appointed officials; all lits employees & volunteers, ell it boards, commissions end/or authorities & their boerd members, employees, & volunteers. This coverage shall be Primary as to Additional Insureds end not contributing with any other insurance or coverage available to the Additional Insured. A Waiver of Subrogation on the Workers Compenstation policy applies in favor of the City of Dubuque. PAGE 2 DATE 01/14/02 INSURANCE SCHEDULE All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of insurance. Cottingham & Butler shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set'forth in Paragraphs 2 and 5 to evidence inclusion in the policy. Cottingham & Butler shall also be required to provide Certificates of Insurance of all subcontractors, and all subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of Cottingham & Butler. Each Certificate of Insurance shall be submitted to the contracting department in the City of Dubuque, Iowa prior to commencement of work/service. All policies of insurance required in Paragraph 7 shall include the City of Dubuque, iowa under the attached Additional Insured Endorsement (CG2026) and the attached or equivalent Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Cottingham & Butler's failure to obtain or maintain insurance required by this agreement shall be considered a material breach of this agreement. The obligation to provide insurance coverage provided herein is perpetual and applies to Cottingham & Butler and their successors. Cottingham & Butler, subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: WORKERS COMPENSATION AND EMPLOYERS LIABILITY: The limit of coverage for employer's liability shall be at least $100,000 each accident, $100,000 each employee by disease, and $500,000 policy limit for bodily injury by disease. Policy shall include an endorsement waiving right of recovery against City of Dubuque, Iowa. COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $ 2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operations-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY: $5,000,000 FO~CY NUMBER: COMMERCIAL GENERAL [JABII.M'Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART. SCHEDULE Name cfFemon or Organization: The City of Dubuque, includimg all i~s elected and appointed officials, all. i=s employees amd voltm=eers, all i~s boards, c~ssio~ a~/or authorities a~ ~heir board members, e~loyees, and volt, ears. This coverage shall be primary as to additional insureds and not contributing with any other insurance or coverage available to the additional insureds. :l (If no entry appears above, information required to c,~mplete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 15 AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. .. ~RN-172002 SRT 07:28 RM O~0NNOR. & ~S0C, 583 583 9142 P, 05 THI~ ~.NDORI~EMENT CHANGES THE POLICY, PLEASE READ IT CAREFUl.Df. ,ENDORSEMENT · r~la en~raernent mcoifiea Inau. ra~:e pr~ under ~e ~in~ BUSINESS ~TO O~E FORM MOOR CARRIER C~'EP~GE FO~ ~UOKE~ O~E ~MME~OIAL GENE~L'M~U~ C~RA~E raRE 8~EDULE . Mun~l~: M~lln9 Coverage Fo~ms ~ which thb ~mdorsement The ~lowlng provisions apply Io ea=h Coverage Fonrl'show~ In the Schedule; A. CANCELLATION AND MATER!AL CHANGES P~VBIOI'I .... --z~-~ ~ ~c ~m~,se or g~nm~ Im~i~ U~ ~e ~ of ~_~e ~ g~rnmen~ I~un~. ~d ~ ~ ~ m ~ amc and s~j'~'~"~'~ ~.,-~-.m~ n~ ~ny a~ ot't~e ngn~ ~a ~nmlm ~rulng ~ ~e ~n~lpel~ ~..~a.;, ~ ~emm~ ;mmunmea a~; not otne~e change or ~r t~ I~dudu oopi, lll. IM~ Wel M' Ine~mnee ~;eh~e~ Office, Irm. with lb pb~mlmilMI, Farm ILT~O~ (Fa:l, 4-9~) r. ap¥~ II~umn~.,.Re~ Oflhm, la~,, '~1~ t~ TIME LINE Cottingham Butler Underground Passage December 20, 2001 Release Plans for Bidding Janua~ 15,2002 Bidding 2 Weeks Receive Bids Janua~ 28,2002 Award Contract Februa~ 4,2002 Start Construction Februaw 11, 2002 6 Weeks for Sub-structure March 25, 2002 6 Weeks for Finishes May 6, 2002 POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under fhe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its eIected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright. Insurance Services Office. Inc. 1994 CG 20 26 11 85 A:\C&B Insurance Schedule.doc CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended form time to time. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chanqe in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. INSURANCE SCHEDULE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. Grantee shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy. 4. Each Certificate of Insurance shall be submitted to the Engineering Department of the City of Dubuque, Iowa pdor to commencement of work/service. (The contracting department shall submit the certificates to the Finance Director.) policies of insurance required in Paragraph 7 shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. 6. Failure to provide minimum coverage shall not'be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a material breach of this agreement. 7. Grantee shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: COMMERCIAL GENERAL LIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $ 2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operation-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. 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 right 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 __ 21 st day of January ,2002. Ann E. Michalski, Mayor Pro-Tem Attest: Jeanne F. Schneider, City Clerk John g. Butler, CPCU Timothy R. Boge, CIC Stephen J. Bonfig, CPA Susan H. Butler Dean E Fak, CpCU www. cb-sisco.com Assurex INTERNATIONAL Cottingham & Butler C&R Insurance ] SISCO ] HealthCorp [ Safety Management Established 1887 January 14, 2002 Michael Van Milligen, City Manager City of Dubuque 50 West 13st Street Dubuque, IA 52001 Dear Mike, Cottingham & Butler is hereby applying for approval of a License Authorizing Construction On Public Right-of-way to consla-uct an underground walkway connecting the Town Clock and Security Buildings. Enclosed please find our license application with requested submittals 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, IIW 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 staffmay 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 Cottingham & Butler Enclosures cc: Mary LouBaal (563) 583-7344 (563) 583-7301 (563) 583-7344 (563) 583-5888 (563) 583-7301 (800) 793-5235 (800) 79345235 (800) 4574726 (800) 583-5888 (800) 793-5235 LICENSE AUTHORIZING COTTINGHAM & BUTLER CONSTRUCTION UNDERGROUND WALKWAY ON PUBLIC RIGHT OF WAY TO Section 1. JOHN E Butler as the owner of the premises, (Licensee), known as COTTINGHAM & BUTLER in Dubuque, Iowa, and legally described as COTTINGHAM & BUTLER be and is hereby granted an Irrevocable License and authority to construct and maintain UNDERGROUND WALKWAY , (Encroachment) (see attachment for location) under the terms and conditions set forth in this License. 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 hotd 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 COTTINGHAM & BUTLER , 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 property, accepts the same and agree to be bound by the terms and conditions therein conta'ned to be performed by COTTINGHAM & BUTLER By:. Steve Bonfig Title: Treasurer MEMORANDUM January 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 ;OTTINGHAM AND BUTLER INS. INC. MAIN ST. CONNECTING PASSAG 300 SECURITY BUILDING TOWN CLOCK PLAZA, DUBUQUE IOWA III ARCHITECTURAL STRUCTURAL ~V~N~ON~ qvan±oa~lHOaV VMOI ::INONEINO 'VZV-Id NOOqO NMOJ. !BNIO"IINEI A.LII::INO':IS :IgVSSVd 9NI/O:INNO0 'IS NIVIAI 'ONI '$NI J::I:I-i/N8 aNY IAIVHgNI//OO TOWN CLOCK BUILDING 8'-0" W. x ~'-0" H. PAIR DOORO 2" HM ~RAME, R.0.=8'-4 I/2" x ~'-2 I/4". 5ILL ~" BELOW F.F. OPENIN~ 15 ~,ENT~RE~ ON HOUSE OF ~ CHINA B ©© LINE OF RETAININ~ ~ALL. (TOP OF WALL APPROX. OPLAN BELOW SECUR BUILDI ~EOTI ONAL PE~SPEOTIVE MAIN VARIES FMAtN STREET J___ ~IRST FLR. ~ ~ ~24.q255 ~ D I A®t~,Ah4 N,,~...,,/DEE 5H. Al .I F~--¢, ~ ~--'~-~'AIL. ~EOTION 114"= I'-0" ii III III II _J '9N09 ,,g '4.~;~Ll.g NI~I4 'Nd ~ OiDI III NOIIOgS ~ NOI.LOqS ~ NOI/O3S ~ NV'Id NOIIVOO-J STATE OF IOWA DUBUQUE COUNTY { SS: CERTIHCATION OF PUBLICATION I, T^MMY M. FELDMANN a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates ~-~ rill Cl ~'~ , 20 ~)o~'' , and for which the charge is, /~. Ef~, . Subscribed to before m~.a Notary Public in and for Dubuque County, Iowa, this~ day of Notary Pu~ic in and for Dubuque Co~ty, Iowa omml;sloP Number 154885! My Comm. Exp. FEB. 1, 2005 I