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Home My WebLink About1115217 RES 12/05/2007 03:27:54 PM Gilbert Ortiz Clerk//Reco T Pueblo County, Co 1 111 K W10 11111 RESOLUTION NO. 11152 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO DG REAL ESTATE, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 1502 TROY AVENUE FOR THE PURPOSE OF INSTALLING LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to DG REAL ESTATE, LLC, for the use of the right of way located at 1502 Troy Avenue for the purpose of installing landscaping. SECTION 2. The use ;the public right -of -way granted hereby is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED: November 26, 2007 - L� BY: Randy Thurston COUNCILPE N ATTESTED 1 ' APPROVED: PRE91DENf OF CITY COUNCIL 1,eso . M5Z 1j �_-- Background Paper for Proposed RESOLUTION AGENDA ITEM # LI DATE: NOVEMBER 26, 2007 DEPARTMENT: PUBLIC WORKS DIRECTOR - DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO DG REAL ESTATE, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 1502 TROY AVENUE FOR THE PURPOSE OF INSTALLING LANDSCAPING ISSUE Should City Council issue a Revocable Permit to DG Real Estate, LLC, for the use of the public right -of -way located at 1502 Troy Avenue for the purpose of installing landscaping. RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND DG Real Estate, LLC, is in the process of adding a new building to their site. As a condition of the building permit, the applicant is required to have a 10 -foot landscape setback. Because of the limited available space on this property, the applicant needs to utilize the right of way to meet the landscape requirement. See attached letter dated November 2, 2007 FINANCIAL IMPACT None. Reso. 11152 LANDSCAKNG REVOCABLE PERINUT (Section 17.4.7 Pueblo Municipal Code) Pursuant to Section 164 of the Charter Of the City of Pueblo ( "City ") the City Council of City hareby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described, subject to and conditioned upon the provisions, covenants and conditions contained herein and Pennittee's compliance therewith: Permittee's name and address: DG Real Estate 104 Fortino Blvd, Sulte D Pueblo, CO 81008 (119) 671.7204 2. Legal description and street address of real property owned by Permittee subject to Section 17- 4-7 of the Pueblo Municipal Code ( "Permittec's Property "); 1502 Troy Avenue 3. "Permitted Area" means and includes that portion of the public right -of -way adjacent to Permittee's Property shown on the attached Landscape Plan, In consideration of the issuance and granting of this Revocable Permit, Permittee represents, warrants and agrees as follows: 1. Permittee shall within C 10 days from date hereof install landscaping on Permittce's Property and in the Permitted Area in compliance with the Section 17.4.7 ofthe Pueblo Municipal Code Andes shown on the attached Landscape Plan, 2. ?cnnittee shall keep, maintain and replace the landscaping as required by Section 17 -4- 7(b)(8)(b) of the Pueblo Municipal Code or any substituted provision thereof. 3. This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City. Permittee acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason, at anytime. without notice to or hearing by Permittee, and Permittee waives any and all claim to any such notice and hearing. 4. Immediately upon termination of this Revocable Permit, Permittee shall (a) remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b) replace and relocate landscaping on Permittee's Property which meets and complies with Section 17.4 -7 of the Pueblo Municipal Code or Puy substituted provision thereof; and (c) meet and comply with all applicable off - street parking requirements set forth in Sections 17 -4.42, 17-443,17-4.44 and 17445 orthe Pueblo Municipal Code ou Parmittee's Property or other property allowed under acid Sections of the Pueblo Municipal Code or Any substituted provision thereof. NOTE: This Revocable Permit must he recorded to the office of the Pueblo County Clerk and Recorder. -t- 17 RES 12/05/2007 03:27:54 PM Gilbert Ortiz Clerk//Recorrderr. lo County, Cc ■iii in W301WO A tvr Ni 11111 S. if Permittec fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit, City, in addition to all other remedies provided by law, may revoke the certificate of occupancy for the building on Pennittse's Property. 6. The covenants of this Revocable Permit shall run with Pennittee's Property and shall extend to, be binding upon, and inure to the benefit of City and Permlttee and their respective heirs, personal representatives, successors and assigns. 7. Permittee shrill 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 reasonableattorrtoy fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Revocable Permit or the conditions hereof, or the existence, construction, installation, repalr or maintenance ofthe landscaping in the Permitted Area, or the use of the Permitted Area by Permittee, its officers, agents, employees, invitees or general public. Executed at Pueblo, Colorado the &, day of 11.fd G" _ ,2007 Permittee Namc: 2jt1• e.f T Te �i G gy: 46 ZZ � Title: 12WA r X ()TAW * 2 by ) ) 55. ) ng insttuinent was_ acknowledged b (SEAL) Witness y official seal and s expires: APPROVED this 2b4 noy of NO>].Cm 6f 2007. Pueblo, a Municipal Corperatlo By: Ptisideril cithe City Council NOTE: This Revocable Permit must be recorded in the office of the Puebla County Clerk and Recorder. No'l E: This Revocable Permit must be recorded in the office of the Puehlo County Clerk and Recorder. -2- 17 M 9 50869 RES 12/05/2007 03:27:54 P Gilbert Ortiz Clerk orrderr. County, Cc ®III PI Pr,101f aw l kh W W H 11111 r Res. X1152 T� v c 3 NNa BmL Nov \HL NNy ul N wQ y — WL t 009 ov+ c „L m .. 0 In rm .+acv [I fi dt lima N pp [ M R f 6 a ♦ A { fI / t t � I 8 [ n i a i ....e....g srr 3fll l a �a i r E { {��. i I i M IN Kit E ' N I t t n wN[ano cvbw[ o .NO u.u.blW[IbN 7p4 i.v M c 9 Puv w. ..w..00 ' Z 81 e b CONN[POi.I 0[v[LOIN[NP PJN PNON[: 1'1(91 b4.....,545-6247 . ') i.i: (91 p , yN0[p.P[ PJN W r[. R[10V.0[9 1PJNNINO Ww{�CNwi[w