HomeMy WebLinkAbout11624RESOLUTION NO. 11624
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE PUEBLO DOWNTOWN
ASSOCIATION FOR THE USE OF THE RIGHT OF WAY
LOCATED AT VARIOUS DOWNTOWN LOCATIONS FOR
THE PURPOSE OF INSTALLING PLANTERS, BENCHES,
TRASH RECEPTACLES, AND BICYCLE RACKS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Historic Pueblo
Business Center Association for the use of the rights of way indicated in the attached
list for the purpose of installing wrought iron planters, benches, trash receptacles, and
bicycle racks..
SFrTinN 9
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.
A77TSTFD SY:
CITY CLERK
INTRODUCED: May 26, 2009
BY: Judy Weaver
C
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 10
DATE: MAY 26, 2009
DEPARTMENT: PUBLIC WORKS
INTERIM DIRECTOR — MICKEY BEYER, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE PUEBLO DOWNTOWN ASSOCIATION FOR THE USE OF THE RIGHT OF WAY
LOCATED AT VARIOUS DOWNTOWN LOCATIONS FOR THE PURPOSE OF
INSTALLING PLANTERS, BENCHES, TRASH RECEPTACLES, AND BICYCLE
RACKS
ISSUE
Should City Council issue a Revocable Permit to the Pueblo Downtown Association for
the use of the right of way at various downtown sites?
The Revocable Permit Review Committee recommends approval of this Resolution as
long as the Planning Department and Public Works review each site specific location
prior to installation.
BACKGROUND
The Pueblo Downtown Association would like to install wrought iron planters, benches,
trash receptacles, and bicycle racks at various locations throughout the downtown area.
See attached list for placement locations.
FINANCIAL IMPACT
None.
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 Permittee's compliance therewith:
1. Name, Address and Telephone Number of Permittee: Pueblo Downtown Association, P.O. Box 1953, Pueblo,
CO 81002, (719) 543 -7155
1 Permitted Area: SEE ATTACHED (various downtown locations)
3. Purpose of Revocable Permit: Placement of benches, planters, trash receptacles, and bicycle racks
4. Authorized Improvements:
5. Commencement Date: May 26 2009 Time:
6. Ending Date: Indefinite Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the
Permitted Area shall be made before the time of the Commencement Date.
(b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the
Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in
compliance with all applicable codes, ordinances, rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk cafd, the Permittee and sidewalk cafd shall be subject to all
the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may
be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to
any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as
to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked
adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit
with the City the sum of $500.00 ( "Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all
Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the
Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee
shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the
Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted
Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the
Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and
clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,
including reasonable attorney fees, incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair,
free from litter, waste and debris.
(g) 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.
(h) 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.
CA - 7/22/03
(1) 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, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage
or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's
Director of Parks and Recreation.
(k) 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 I above.
(ii) If to City, I 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 (k).
(1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any
and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in
exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to
Pernittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or
injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees,
or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the
Ending Date, (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 (h) and (i) above;
or (v) revocation or termination of this Permit by resolution of the City Council of City.
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination
by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability
to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,
hearing, and liability of the City.
Signed in Pueblo, Colorado this _ day of . 20.
PERMITTEE n�t
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By: Ap,4uvl
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STATE OF COLORADO )
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me the to of �rLu _ 20_
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CA - 722103
Bicycle Rack Potential Locations
April 2009
1. Sister Cities Plaza
2 & 3 Ice Arena (both Grand and Court Sides)
4 & 5. City Hall (both Main and Union Sides)
6.2 & Santa Fe ave.
7.4"' & Santa Fe Ave.
8. Health Dept 91h & Santa Fe
9.7` & Court
10. lo t ' & Court
11. 10" & Grand
12.6 & Main
117` & Santa Fe
14. 2 & Court
15.4` & Grand
16. Midtown area
17. Parkview Medical Center
Wrought Iron Trash Receptacle Inventory
Santa Fe Avenue
41h to 5
1.
NE 4'h Street
2.
NW 4 Street
3.
SE 5 Street
4.
SW 5 11, Street
5'h to 6th
1.
NE 5 Street
2.
NW 51h Street
3.
SE 61h Street
4.
SW 6 Street
6th to 7th
1.
NE 6,h Street
2.
NW 6'h Street
3.
SE 7m Street
4.
SW 7h Street
7th to 8th
1. NW 7'h Street
2. NE 8'h Street
MAIN STREET
1s' to 4'h
1. NE 31' & Main
4th to 5th
1. NE 4 Main
2. NW 4 , h& Main
3. SE 5 1 h & Main
4. SW 5 1 h & Main
5'h to 6'h
1. Ally —East Side
2. SE 6 & Main
3. Sw 6 Main
6'h to 7th
1. NE 6 1 h & Main
2. NW 6 , h& Main
3. Ally —East Side
4. SE 7 11, & Main
5. SW Ph & Main
8'h to 9'h
1. SW 8th Street
2. NE 8th Street
3. NW 8th Street
Wrought Iron Benches
Santa Fe Ave.
Sangre de Cristo Arts Center
Santa Fe Crossing
7'h Street — Connect School
8 1 h & Santa Fe YWCA
Main Street
1 to 4 1 h Street -3
5'h & Main -2, 1 - - 5'h by Thatcher Building, 1 -5 Street by Ent Cr. Un.
Greenwood Square -1
8 1 h & Main - -2
Wrought Iron Planter Locations
Santa Fe Ave. North to South (9 units)
8' S.W. (World Savings Parking lot Corner)
8 th N. W. (YWCA corner)
8' N. E. (Used car lot ?)
7' N. W. (Taco Bell)
7' S. W. (Gobin's Parking)
6' All Corners —no wrought iron planters; new construction
5 All Comers —no wrought iron planters, new construction
4' N.W. (Cowtown Boots)
4' N. E. (Great Divide)
2 "d S.W. (Santa FE Crossings)
2 "d to 3` (Midblock in front of Santa Fe Crossings)
Main Street North to South (27 Units)
8 (Wells Fargo Bank)
8' N. W. (Castle Investment)
8' S. W. (Yee -Ro City— approximately)
7' N. W. (Subway)
7' N.E. (World Savings Parking)
7' S. W. (Suhiro)
7' S. E. (Next)
7 Mid -block East Side
6' N. W. (Dain Rauscher)
6' N. E. (Spectrum Community)
Mid -block both sides of street (4)
6' S. W. (Thatcher bldg. Parking)
6' S. E. (Old Eno's Jewelry)
5 1h N. W. (Thatcher Building)
5' Midblock both sides
5' Street midblock to Court
5' S. W. (Federal Building)
5' S. E. (Colo. Bldg Parking)
5' Street midblock Court to Grand (Ent Cr. Union)
4' N. W. (Colo. Bldg)
4' N. E. (Old Bank Bldg)
4' Mid -block Between Santa Fe & Main (Armstrong Jewelers or Signs by Scott)
2 "d N. W. (Amhearst Bldg.)