HomeMy WebLinkAbout11374RESOLUTION NO. 11374
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO YELEPE, LLC,
FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3691 PARKER BOULEVARD FOR THE
PURPOSE OF INSTALLING LANDSCAPING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
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The attached Revocable Permit is authorized to be issued to for the use of the right of way
located at 3691 Parker Boulevard for the purpose of installing landscaping.
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The use of the public right -of -way granted hereby is subject to all limitations, terms and
conditions set forth in the attached Revocable Permit.
INTRODUCED August 25, 2008
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: AUGUST 25, 2008
DEPARTMENT: PUBLIC WORKS
DIRECTOR - DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO YELEPE, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3691
PARKER BOULEVARD FOR THE PURPOSE OF INSTALLING LANDSCAPING
ISSUE
Should City Council issue a Revocable Permit to Yelepe, LLC, for the use of the
public right -of -way located at 3691 Parker Boulevard for the purpose of installing
landscaping.
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
Yelepe, LLC, is in the process of constructing a new building at this 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.
FINANCIAL IMPACT
None.
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Res. 11374
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Gi l6ert Ortiz Clerk /Recorder, Pueblo County, Co
LANDSCAPING REVOCABLE PERMIT
(Section 17-4 -7 Pueblo Municipal Code)
Pursuant to Section 16 -9 of the Charter of the City of Pueblo ( "City ") the City Council of City hereby
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 Permittee's compliance therewith:
Permittee's name and address: Yelepe, LLC
3673 Parker Blvd
Pueblo, CO 81008
(719) 586 -8722
2. Legal description and street address of real property owned by Permittee subject to Section 17-
4-7 of the Pueblo Municipal Code ( "Permittee's Property "):
Lot 6, Block 1, Southern Colorado Medical Center, Filing #2 PAA StSo63oo t
Fb1e4T5 MO0.TN OFF146 Butw1Mc)1 3691 pAa1c@.1. qu%io, P"EZL. j 04. 81008
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 180 days from date hereof install landscaping on Permittee's Property
and in the Permitted Area in compliance with the Section 17 -4 -7 of the Pueblo Municipal Code and as shown
on the attached Landscape Plan.
2. Permittee 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 any time, 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 any substituted provision thereof; and
(c) meet and comply with all applicable off- street parking requirements set forth in
Sections 17 -4- 42,17 -4- 43,17 -4 -44 and 17 -4 -45 of the Pueblo Municipal Code on Permittee's Property or
other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision
thereof.
5. If Permittee 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 Permittee's Property.
NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder.
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Res. 11374 Gllbert Ortiz 2 C1erk1Reccorder, Pueblo l Counn0Y� Cc
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 Permittee and their respective heirs, personal
representatives, successors and assigns.
7. 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 ofthis Revocable Permit
or the conditions hereof, or the existence, construction, installation, repair 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 1 2008
Permittee
Name: Yele LLC
L
By:
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the .21 day of
2008, b (f� lr ,Pa(y In L . NQ hra as 00 - MOM Q 6 e r
SEAL td K t>'a re.
My commission expires: STAT OF COLORADO
My commission expires July 19, 2009 N ary Public
APPROVED this a day of sf 2008.
PueblMunicipal Corporation
B
President of the City Council
NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder.
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