HomeMy WebLinkAbout11855RESOLUTION NO. 11855
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO BLADOW COLORADO
PROPERTIES, LLC, FOR THE USE OF THE RIGHT OF
WAY LOCATED AT 3206 WEST NORTHERN FOR THE
PURPOSE OF ALLOWING THE OVERHANG OF A POLE
SIGN TO REMAIN IN THE RIGHT OF WAY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Bladow Colorado
Properties, LLC, for the use of the right of way located at 3206 West Northern for the
purpose of allowing the overhang of a pole sign in the right of way.
SFOTinN 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.
INTRODUCED: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE51DENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
Background Paper for Proposed
RESOLUTION
DATE: APRIL 12, 2010 AGENDA ITEM # M -12
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
BLADOW COLORADO PROPERTIES, LLC, FOR THE USE OF THE RIGHT OF WAY
LOCATED AT 3206 WEST NORTHERN FOR THE PURPOSE OF ALLOWING THE
OVERHANG OF A POLE SIGN TO REMAIN IN THE RIGHT OF WAY
ISSUE
Should City Council issue a Revocable Permit to Bladow Colorado Properties, LLC, for
the use of the public right -of -way located at 3206 West Northern for the purpose of
allowing the overhand of a pole sign in the right of way?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
Bladow Colorado Properties, LLC, has recently built a Jack in the Box at this location
and would like to utilize the existing pole that is in the right of way for the installation of
their business sign.
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: Bladow Colorado Properties, LLC, d/b /a Jack in the
Box, 5055 Avenida Enemas #200, Carlsbad, CA 92008 (760) 476 -3411
2. Permitted Area: 3206 West Northern
3. Purpose of Revocable Permit: Pole Sign in Right of Way
4. Authorized Improvements:
5. Commencement Date: April 12 2010 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 caf8 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.
(t) 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
Mar 09 10 10:14a FREEMAN SIGNS 3037628293 p.5
(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.
6) 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, 1 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 Poeb &Ierado this 0
day of f • 6 1141�
Organiz
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By:
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STATE OF COLORADO )
COUNTY OFPUEBLO )ss.
The foregoing instrument was acknowledged before me the day of , 20_
by
as
My commission expires:
[SEAL ] S GL
n Notary Public
APPROVED this day of A Vfl 20
PUEBLO, a Municipal Corporation
at
By / 1Q < [AJ �/ ( /nd
President of the City Council
CA - W22.'03
March 11, 2010
City of Pueblo
City Council Members
211 E. D Street
Pueblo, CO 81003
RE: Jack in the Box
3206 W. Northern Avenue
Pueblo, CO 81005
Dear City Council Members,
Our Jack in the Box location at the above named address is scheduled to open on
March 22, 2010. At this location there is an existing pole sign on the property, of
which is encroaching in the public right -of -way. We are submitting an application
to ask that the pole sign be able to remain, for our use. This existing pole sign will
be modified for "Jack" and be maintained to our high standards.
Thank you for your consideration.
Sincerely,
Oliver H. Martin
Manager
5055 A£NOA ENGN , %ICE 200
GAHL58M, CA 92008
T
7W 476 3411
t X 476 3451
$ �
V
bladow
PROPERTIES., LLC
,COLORADO
March 11, 2010
City of Pueblo
City Council Members
211 E. D Street
Pueblo, CO 81003
RE: Jack in the Box
3206 W. Northern Avenue
Pueblo, CO 81005
Dear City Council Members,
Our Jack in the Box location at the above named address is scheduled to open on
March 22, 2010. At this location there is an existing pole sign on the property, of
which is encroaching in the public right -of -way. We are submitting an application
to ask that the pole sign be able to remain, for our use. This existing pole sign will
be modified for "Jack" and be maintained to our high standards.
Thank you for your consideration.
Sincerely,
Oliver H. Martin
Manager
5055 A£NOA ENGN , %ICE 200
GAHL58M, CA 92008
T
7W 476 3411
t X 476 3451
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