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HomeMy WebLinkAbout11943RESOLUTION NO. 11943 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VANESSA JUBIC FOR THE USE OF THE RIGHT OF WAY LOCATED AT 629 QUINCY STREET FOR THE 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 Vanessa Jubic for the use of the right of way located at 629 Quincy Street the purpose of installing 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. INTRODUCED: July 26, 2010 BY: Vera Ortegon /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: JULY 26, 2010 AGENDA ITEM # M-12 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VANESSA JUBIC FOR THE USE OF THE RIGHT OF WAY LOCATED AT 629 QUINCY STREET FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Vanessa Jubic for the use of the right of way at 629 Quincy? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Vanessa Jubic lives at the intersection of Quincy and Adams which experiences high traffic due to the college being in the vicinity. She is requesting permission to install a fence in the right of way to allow for a safe place for her children to play. 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: Vanessa Jubic, 629 Quincy, Pueblo, CO 81004 (303) 332 -2860 2. Permitted Area: 629 Quincy 3. Purpose of Revocable Permit: Fence 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 — 4/6/10 (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 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 7 day of 1 1 L , 20 i y PERMI "EE: `_ By: O01 e2 r _ Title: "Di e C`l T2 � A STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrument was acknowledged before me the a day of ' Y l0t■I 2' J by • 0 c e s _ L 1/4.J1ilJae as . - . NET A' My commission expires: (0— a . - - 01 0 . / 1140 * • d r Notary Public APPROVED this 26th day of July , -20 1 0 . ti -.. 14 �• PUEBLO a Municipal Corporation \‘‘ By W —_ President of the City Council CA — 4/6/10 o - g o m Ca- * c N 0 m a i\ 8 c s "" '4 1 • eis" o c of To Whom It May Concern: I am applying for a revocable permit to enclose / fence the back area of my yard (including a portion of the parkway), to allow a safe area for my two very young children to play. They are 3yrs and 18 months old. I live in a corner house on Quincy and Adams. There is not a stop sign on Adams and cars move very quickly down that street. By having a fenced yard it would allow them to have an area in which they could safely play. I have been refurbishing this home as I am able and would now like to focus on the exterior including landscaping, painting and putting up a fence. The area which I am requesting to fence was previously nothing but weeds which have already been removed with sod to be installed this week. I have met with Manual Rivera to discuss my options and he has seen the area in which I am proposing to fence, it was recommended that I proceed in this manner. Thank you for your time and attention to this request. Sincerely, 4 04 Vanessa L. Jubic Property owner at: 629 Quincy St. Pueblo, CO 81004 0512112010 09:24 (FAX) P.0021003 DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/20/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMAT1VELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is en ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the teens and conditions of the policy, certeln policies may require en endorsement A statement on this certificate dose not confer rights to the • certificate holder In Iteu of such endorsement(s). coNTacl PRODUCER NAME: JOHNSON INSURANCE AGENCY a,. , E„ty 7195423222 i i c,No):7195423128 , 501 Belmont Ave AD ss: JOHNSAGENCY @3PRYNET.COM Pueblo CO 81004 PRODUCER CUSTOMER ID p: MUURERIR) APPORDINO COVMRAOE NAICe INSURED VANESSA JUBIC INSURER A : FARMERS INSURANCE EXCHANGE _ WILLIAM COBLE II INSURER B : 629 QUINCY ST INSURER C : PUEBLO, CO 81004 INSURER D: 303 - 332 -2860 INSURER E : _ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS DICATED. NOT MTHSTANDIN0 ANY 1 REQUIREMENT, REQUIREMENT, CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT PERIOD TO WHICHHIS D INDICATED. CERTIFICATE MAY BE ISSUED DR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED B PAID CLAIMS. I TYPE OF IN OMRR a e c POLICY NUMBER (MMVDSIWYY1 (MN 1 65714 Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 UAMADE 1 U MN ILL) COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _ $ CLAIMS-MADE OCCUR . EXP (Any one person) S 08%12%2010 05%12 /1011" -- .......– .._........._.. — – .. »..... -_....._ - .._ 414 _ --- . • PERSONAL 8. ADV INJURY $ A� X Ii OMEO O iNEtt PREMISE 943374244 _ LIABILITY GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ POLICY n JE T LOC a AUTOMOBILE UABILrrY COMBINED SINGLE LIMIT $ ANYAUTO BODILY INJURY (Per person) 5 — ALL OWNED AUTOS BODILY INJURY (Per acciden a — SCHEDULED AUTOS PROPERTY DAMAGE I S — HIRED AUTOS (Per occident) — NON -OWNED AUTOS S $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE a — ' RETENTION 5 S WORT ER8 COMPENSATION I WCS LIMITS I Ilk _ AND EMPLOYERS' LIABILITY YWM ANY PROPRIETORIPARINERIEXECUTIVE D E.L EACH ACCIDENT $ OFFICERIMEMDER EXCLUDED? NIA (MMderory In NH) E.L. DISEASE - EA EMPLOYEE $ II yes, describe under E L DISEASE •POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more apace In required) ' v» lu ng on q add (fib 1 rrsu rt_d" end mrs -r . rn CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF HE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF PUEBLO HE EXPIRATION DATE HEREOF, NOTICE WILL BE DELIVERED IN 1 CITY HALL PLACE ACCORDANCE WITH THE POLICY PROVISIONS. PUEBLO CO 81003 FOR - „ . A V @ 19; ; -2009 ACORD CORPORATION. All rights reserved. ACORD25(2009 /09) The ACORD name and logo ar: rag atered arks • ACORD