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11942
RESOLUTION NO. 11942 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EAT NOW, LLC, D/B/A BINGO BURGER FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 CENTRAL PLAZA FOR PURPOSE OF INSTALLING AN AWNING 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 installing an awning. 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. INTRODUCED: July 26, 2010 BY: Vera Ortegon /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: JULY 26, 2010AGENDA ITEM # M-11 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EAT NOW, LLC, D/B/A BINGO BURGER FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 CENTRAL PLAZA FOR THE PURPOSE OF INSTALLING AN AWNING 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 an awning over the patio at 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, 405 North Union Avenue, Pueblo, CO 81003 (719) 542 -4467 2. Permitted Area: 405 North Union Avenue 3. Purpose of Revocable Permit: Awning in Right -of -Way 4. Authorized Improvements: 5. Commencement Date: July 26 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 cafe, 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 and contain a waiver of rights of subrogation against City. 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. (j) 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 Pueblo, Colorado this to day of J LI.hx_ , 20 1 . f PERMI 11'EE: wW fit, Organization: r 1 air I By: Title: 0 f C STATE OF COLORADO ) COUNTY OF PUEBLO ) ss 1 The foregoing instrument was acknowledged before me the 1 CO day of Ju.K.e , 20 1 by f rcI Wm( n.e r as t WWAr • � . � c � � I � n ' y cotes n issio ; xpires: I - ' / t • E 9_0_35 t Notary Public %. tet 6th day of July , 2010 "? •.. ' PUEBL • a Municipal Corporation By WI. / _ .l .r . � . L.LL President of the City Council CA — 4/6/10 i t • t • v 6 _ ! {I { ; i ' • =a ' , , ..: : r , ', l'• :: ..,,,,• :,,':-,•-••.---,-;!:;;,,,..,.,::, ),:•::;•:-4:';',,•-!;---,.:.• • • t ;%` `� '`- i t f r � c � *��'' r /} e s n �. r l�rx p f r '� `c ? ti f ti s 1 1 { E f ' � fi r ' ` > Y i n t r ! .. � ' z i, h ;� ' 1i ✓ D ' . E r d 3 r o • .e G J t • f $. f g 1 l . �a3 . a - -- k-t n'i'T 'Y !.. r hi?a5 - - t _ �,.+ 4: Vi : l ,�.. =--" "" H U G H CCUM f . 1 t om 'G F^l N h wL Pi h . L 15`1' ' t,« 1.,� lQi,- d'9 �1 'f 61'7trC1" June 16, 2010 Richard Warner Bingo Burger 101 Central Plaza Pueblo, Colorado 81003 City of Pueblo 1 City Hall Place • Pueblo, Colorado 81003 Dear Sir or Madam: This letter of intent is to explain the need for encroachment at 405 N. Union Ave. (Bingo Burger). This business plans to install sail shades on our patio. These sail shade structures will, in part, extend over our property line and onto City property. Sincerely, ClAn Richard Warner Owner, Bingo Burger • ATE (MMDDIYYYY) A CORL� M CERTIFICATE OF LIABILITY INSURANCE D 06/16/2010 • , PRODUCER 719. 544.1111 FAX 719. 545.5120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Centennial Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1515 Fortino Blvd. 2nd Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pueblo, CO 81008 INSURERS AFFORDING COVERAGE NAIC # INSURED Bingo Burgers INSURER A: Colorado Casualty Insurance Co 41785 DBA: Eat Now, LLC INSURER B: Pinnacol Assurance 41190 101 Central Plaza INSURER C: Pueblo, CO 81003 INSURER D: I INSURER E: • COVERAGES s THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM DD DATE MM /DD EXPIRATION LIMITS GENERAL LIABILITY CBP1197587 08/05/2009 08/05/2010 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS MADE I X I OCCUR MED EXP (Any one person) $ 5,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 T POLICY PET LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) • • GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ • RETENTION $ $ WORKERS COMPENSATION 4136013 12/08/2009 12/01/2010 X TOW OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER / N B ANY IPROPRIETOR /PARTNER /E PROPRIETOR/PARTNER/EXECUTIVE' E.L. EACH ACCIDENT $ 100,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER • DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Pueblo is named as an additional insured with respect to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE _... _ Ci of Pueblo Diane Cook /DIANE ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • •