Loading...
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