Loading...
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 Organization: Nelolo Dt7uJfl ywo L,5 Ci 6�itin By: Ap,4uvl Title Lh lraue Lei f e oU C STATE OF COLORADO ) COUNTY OF PUEBLO The foregoing instrument was acknowledged before me the to of �rLu _ 20_ rrnaY�l � VYla5 --- �_..aa5� l.L�rrr�t�Dr AU �.., issioh expires: 41 atv1 co 3 - 1 Notary Pu is day of ^4_ 20 i . PUF�@CQ,y�ipalCor i uu 'gyp ` `` / / ++ By President of the City il 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.)