HomeMy WebLinkAbout8395RESOLUTION NO. 8395
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
J. L. NUNN, INC. AT 101 NORTH MAIN STREET TO LOCATE A STAIRWAY ON THE
PUBLIC RIGHT -OF -WAY ADJACENT TO UNION PLAZA.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
, 1. a.
A Revocable Permit be issued to J. L. Nunn, Inc. at 101 North Main Street to
allow an encroachment of a stairway in the public right -of -way adjacent to Union Plaza.
SECTION 2
The Revocable Permit, hereby granted, may be revoked by resolution of the City
Council at anytime hereafter, without notice.
INTRODUCED April 27, 1998
BY John Verna
Councilperson
APPROVED:
Preside t of eouncil
ATTEST:
I � x�L�
City CI 18
�19�7 it 8395
Council Agenda
J. L. Nunn Inc - 101 North Main Street
Title Sidewalk Encroachment Agenda Item #
Department License Division Date:
I. SUMMARY
A. Issue
Should City Council issue a Revocable Permit to J. L. Nunn Inc. to allow the
encroachment of a stairway three feet on the sidewalk adjacent to Union Plaza. The
stairway is to be used as a fire escape from the basement of the building located at 101
North Main Street.
The Revocable Permit Review Committee has met and reviewed the data presented. The
Committee recommends that City Council approve this permit.
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein
contained and the Pemnittee's compliance therewith:
Name, Address and Telephone Number of Permittee: J. L. Nunn, Inc., 101 North Main Street, Pueblo,
Colorado 81003, 544 -5544.
2. Permitted Area: 101 North Main Street, Pueblo, Colorado
3. Purpose of Revocable Permit: To allow the location of a three foot wide stairway on the sidewalk adjacent
4. Authorized Improvements: Stairway
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) All structures or other improvements authorized to be placed in the Permitted Area (the "Improvements ") shall
be constructed and installed by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City.
(b) Upon termination of this Permit, Permittee shall, at Permittee's expense, remove all Improvements and restore
the Permitted Area to its original condition unless otherwise specified herein. Failure to remove the Improvements within
thirty (30) days after termination of the Permit, shall constitute Permittee's abandonment of the Improvements, and City may,
at Permittee's expense, remove and dispose of the Improvements and restore the Permitted Area to its original condition.
(c) Permittee shall keep the Improvements and Permitted Area in good, clean and safe condition free from litter, waste
and debris.
(d) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against
any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense,
arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence,
construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area
or Improvements by Permittee, its officers, agents, employees, invitees or general public.
(e) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred
or sublet by Permittee without the prior written consent of the City council of City. Any attempted conveyance, assignment,
transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void
and of no effect and shall cause this Permit to be automatically revoked.
(f) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $ 1,000,000.00 combined single limits per occurrence and aggregate, naming the
City as an additional insured. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure
to maintain such insurance shall cause this Permit to be automatically revoked.
(g) Trees and shrubbery existing in the Permitted Area may not be removed or destroyed except after receipt by the
Permittee of the written consent of the City's Director of Parks and Recreation.
(h) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first
class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph
(h)•
(i) This Permit shall terminate upon the occurrence of any one of the following events: (I) expiration of the term of
the Permit, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation
of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (e) and (f) above; or (v) revocation
or termination of this Permit by resolution of the City Council of City.
0) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City for any reason, at anytime, without notice to or hearing by Permittee, and Permittee
waives any and all right or claim to such notice and hearing.
Signed in Pueblo, Colorado this 570 day / i A v ' 19 9F
PERMITTEE
STATE OF COLORADO
COUN'T'Y OF PUEBLO s
Name: I L.
— Nunn_ Inc.
By: �...d
Title: -'?.t
The foregoing instrument was acknowledged before me the day of ` f ) - NO V
19 by A M 2) (President of .T L . /Vu n yL�it C
b
a corporation) (general partner of
My commission expires: q / Icm
[SEAL]
a partnership).
Notary Public
APPROVED this day of 1 19
PUEBLO, a Municipal Corporation
B lit • . �eL�
Y
President of tlWCity Oouncil