Irrevocable License - 1000 Main Street Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Irrevocable License - 1000 Main Street
SUMMARY: City Manager recommending approval of an Irrevocable License at 1000
Main Street with 1840 LLC to keep an existing encroachment adjacent to
the building in the public right-of-way on E. 10th Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ 1000 Main Street Irrevocable License-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Irrevocable License Application Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Irrevocable License — 1000 Main Street
DATE: February 9, 2015
On October 16, 2000, the City Council granted Alliant Energy/Interstate Power a
construction ordinance for the placement of the geothermal heating and cooling system
in the public right-of-way. At this time the property has been sold to 1840 LLC, which is
seeking approval to keep and maintain the system.
City Engineer Gus Psihoyos recommends City Council approval of an Irrevocable
License at 1000 Main Street with 1840 LLC to keep an existing encroachment adjacent
to their building in the public right-of-way of E. 10th Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
6"-Z�
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DtUB E
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manr r
�
FROM: Gus Psihoyos, City Engineer
SUBJECT: Irrevocable License — 1000 Main St.
DATE: February 6, 2015
INTRODUCTION
This is in response to a request from 1840 LLC, a company that operates under the
same ownership as O'Connor& Thomas, P.C., owners of 1000 Main Street, to keep an
existing encroachment adjacent to their building in the public right of way of E. 10th
Street.
BACKGROUND
On October 16, 2000, City Council granted Alliant Energy/Interstate Power a
construction ordinance for the placement of the geothermal heating and cooling system
in the public right of way. At this time the property has been sold to 1840 LLC. which is
seeking approval to keep and maintain the system.
DISCUSSION
The building renovation in 2000 updated the heating and cooling system through a
geothermal system that was approved by the Department of Natural Resources. The
only visible element of this installation is a manhole section on 10th Street with
discharge into the storm sewer system. The manhole cover is flush with the public
sidewalk and meets city requirements.
Through this Irrevocable License process the encroachment is now recognized by the
new owners who assume all terms and conditions as defined in the license.
All documents have been received from 1840 LLC. including an exhibit, irrevocable
license, insurance, license fee. The Engineering Department and Building Services
have reviewed and approved the request for the continued operation of this
encroachment.
RECOMMENDATION
It is recommended that the request for an irrevocable license for 1840 LLC. to keep and
maintain the encroaching geothermal system in the public right of way be approved.
BUDGET IMPACT
Since the requested encroachment exists and the filing of the documents is the only
items needed, the application fee is being reduced to $100.00 and will be recorded as
part of the CIP 10055400-42170 revenue.
ACTION TO BE TAKEN
It is recommended that the attached irrevocable license be approved.
Attch.
cc: Jerry Stoffel, Bldg. Services
Jane Smith, EAII
FAJANE SMITH\ROW\ROWENCRUCENSE RF_.OUEST\1015\1000 Main
2
Prepared by: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270)
Return to: Gus Psihoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589-4270)
IRREVOCABLE LICENSE
AUTHORIZING 1840, LLC.
TO KEEP AND MAINTAIN GEOTHERMAL WELL
ON PUBLIC RIGHT-OF-WAY
Section 1. 1840, LLC., as the owner of the premises, (Licensee), known as
1000 Main in Dubuque, Iowa, and legally described as CL 37 and Lots A, B and
C of CL 37 be and is hereby granted an Irrevocable License and authority to keep
and maintain geothermal well, (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:
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 Encroachment;
b) Procure and maintain in force during the term of this License a policy of liability
insurance as set forth in the attached Insurance Schedule;
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 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 location, installation, existence, construction or maintenance
of Encroachment and to pay reasonable attorney fees therefor; and
1
d) Indemnify, defend and hold the City of Dubuque free and harmless from any
and all claims, including but not limited to damages, 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.
e) Any special conditions as set forth for this License as identified:
Section 3. The 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. This Irrevocable License is not assignable.
Section 6. The City Clerk is authorized and directed to file at Licensee's
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 Iowa One -
Call registration membership.
Attest:
Signed this 16th day of Februbary
Ayr
Ke'in S. Firnstahl, 6ity Clerk
2
015 .
Roy, Buol, Mayor
State of Iowa
ss:
County of Dubuque )
On this 16th day of February 2015 , before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin
S. Firnstahl, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation, 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 on the 16th day of February , 2015 , and Roy
D. Buol and Kevin S. Firnstahl acknowledged the execution of the instrument to be their
voluntary act and deed.
3
PAMELA J. FicCARR
Cornmission No ser 772419
My Comm. Exp. _5._20j
/66/74
in and for said State
ACCEPTANCE OF TERMS AND CONDITIONS OF LICENSE
The undersigned, being duly authorized to execute this Acceptance on behalf of
, i2 a , and having read and being familiar with the
terms and conditions of the Irrevocable License, for itself and, its successors, accepts the
same and agrees to be bound by the terms and conditions herein contained.
LICENSE
Signat
By: Peter D. Arlinq
Title: As Manager of 1840, LLC.
Dated: / ' S
Signature requires notary
4
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE ) rr
On this �`, day of Jeftin 20 t5 ore me, the and rsigned, a Notary
Public in and for said State, personally appeared 044-- ,
(NAME/S) to me personally known, OR proved to me on the basisf)satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted,
executed the instrument.
(Notary Seal)
JANE M. KUHLE
Commission Numbr 7 ;8286
My Comm, Exp. 5 17
(sign in ink)
Tattle a, (print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S) Peter Arling as Manager of 1840, LLC. (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
1840, LLC.
5
Checklist of Required Items for Irrevocable Encroachment of Public Right -of -Way
Project Description: 1840 LLC., as owner of the 1000 Main property, is requesting
approval to keep and maintain the existing operational geothermal well for heating
and cooling system, in the E. 10th Street public right of way. This placement was
previously approved by Ordinance 95-00 to Alliant Energy/Interstate Power. This
license is being processed to update the ownership, terms and conditions of the
placement.
Submitted:
Letter of Application X
Application License X
Insurance Certificate X
Drawing w/Dimensions
& Right -Of -Way X Use Attached Detail Drawing sheet or scale
Plan of your choice
License Fee X ($100.00)
(Does not include Recording Fee)
6
09/28/2000 09:26 SHIUE HATTERT 4 13195572257
ikOJECTS\2OD5t/--o\dw<J\SD-4.DWG j DATE: .09/27/200Q I Tim Alt 57 I
NO.722 D002
4" SIDEWALK
#4 0 12" O.C.
EACH WAY
1'-4"W x 8"D
CONTINUOUS FTG.
6' SLAB w/
#4 012" Q.C.
E.W. BOTTOM
•
4
,EXISTiNc.
,6UILDINC
'i..• e //
4" SLAB ON
GRADE w/
#4 0 12" O.C.
EACH WAY
SLOPE AWAY FROM
WELL
MANHOLE SECTION
1/4"=1'-0"
SIDEWALK
NEENAH R1537
OR EQUAL MANHOLE
FRAME AND LID
co
Co
3'-11"
EXIST1NG'
9UICDING/
MANHOLE PLAN
1/4"u'1'--0"
A Y
4 SHIITE‘
�1A.1"1'E
Cedar Reek* IA • owa c ty. IA Dss Moine, IA
Monne, IL a Boom ingtoo, L • Chicago, L
h t to: //wwwshive-hottery.com
MANHOLE DETAIL
ALUANT
DUBUQUE, IOWA
PROJECT N0.
DATE 9-27-00
SCALE ,�4'a,'-D•
DRAWN COD
FIELD DOOK
APPROVED
REVISION
REFERENCE DRAWING
SHEET NO.
SD -4
1 of 1