The URL can be used to link to this page

Home My WebLink About11708RESOLUTION NO. 11708 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EAT NOW, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 CENTRAL PLAZA FOR PURPOSE OF INSTALLING A FENCE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Eat Now, LLC for the use of the right of way located at 101 Central Plaza for the purpose of allowing the installation of a fence. SECTION 2. 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. A77TSTDD SY: CITY CLERK INTRODUCED: September 28, 2009 BY: Michael Occhiato } C � OUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -9 DATE: SEPTEMBER 28, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EAT NOW, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 CENTRAL PLAZA FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Eat Now, LLC, for the use of the right of way located at 101 Central Plaza? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Eat Now, LLC has requested to use of the right of way at 101 Central Plaza to install a fence around the patio at the Bingo Burger. 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: Eat Now, LLC, 101 Central Plaza, Pueblo, CO 81003 (719) 542 -4467 2. Permitted Area: 101 Central Plaza 3. Purpose of Revocable Permit: Fence in Right -of -Way 4. Authorized Improvements: 5, Commencement Date: September 28 2009 Time: 6. Ending Date: Indefinitely 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 cafe 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 (i) 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. 0) 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 1 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 Permittee'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 rA day of Scm L`ti. -ri Atr 20 PERMITTEE Organizat' nn By: _ Z ( 4 Title: kA e 1 &e v STATE OF COLORADO ) COUNTY OF PUEBLO The foregoing instrument was acknowledged before me the / / *� day of 5r h y b-e 20 by /?ic.Lta r 0 . G/«, r h r r — as _ W &Lb-, y My commission expires: 211� # 2 0/ [SEAL] .28 ;7 A'u'*"IL (?• �Idlnn� c r- Notary Public APPROVED this'c, _ h day of S-e p -C rr 206 f. PUEW / unicipal Coi By 1 , r President of the City Coun d U) 9 • August 27, 2009 Richard Warner and Mary Oreskovich Eat Now, LLC 101 Central Plaza Pueblo, Colorado 81003 City of Pueblo To Whom It May Concern: Please accept this letter of intent explaining the need for a fence (Bingo Burger, 101 Central Plaza) that will encroach a public right -of -way. This fence is necessary to enclose and secure Bingo Burger's patio area; therefore, we anat you grant us the requisite Revocable Permit. Thank you for your time and consideration in Sincerely, 4 Richard Warner and Mary