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Home My WebLink About12089RESOLUTION NO. 12089 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO L & B, RLLLP, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3901 REDWOOD LANE (WIGGLES & GIGGLES LEARNING CENTER) 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 L & B, RLLLP, for the use of the right of way located at 3901 Redwood Lane for 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: February 14, 2011 BY: Leroy Garcia Background Paper for Proposed RESOLUTION DATE: FEBRUARY 14, 2011 AGENDA ITEM # M-12 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO L & B, RLLLP, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 3901 REDWOOD LANE (WIGGLES & GIGGLES LEARNING CENTER) FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to L & B RLLLP, for the use of the right of way at 3901 Redwood Lane? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The applicant is opening Wiggles & Giggles Learning Center and requesting permission to install a fence in the right-of-way to create a safe play area for the children at the center. 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. LE - 6, R LL. Le 1 Name, Address and Telephone Number of Permittee: Louie D Carleo 503 N Main 115 719 - 543 - 7558 2. Permitted Area. 3901 Redwood 3 Purpose of Revocable Permit: Set fence for child care on city easement 4 Authorized Improvements. Fence 5 Commencement Date Feb 2011 Time. Time N/A 6. Ending Date: N/A : N/A 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 sane 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 (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). (I) 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 7th day of January 20 11 PERMITTEE. Orga e �, La P By t, . - MOW _ Title: rf y.I?X` 31 7) ) Fe. Lo a0,) STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. ( The foregoing instrument was acknowledged before me the 7 day of , 20 1/ by Gltr/ b 6/44,_ as ��uv ; P ^ M y;r e e i s s e Yeager /� / aOJUI e (\� `T 1T OLORA 0 n .y Commission Expires otary Public APPROVED this 14 day of . -6" 201 It PU O, a M . nicipal Corporation 1 By / President f the 0 Counci CA — 4/6/10 Commercial Builders & Investments, Inc. 503 N Main St Suite 5 Pueblo CO 81003 (719) 542 -1994 Fax (719) 542 -6002 January 13, 2011 To Whom It May Concern DESCRIPTION 6 ft privacy Fence specs P05 -S XS , e ceop e,s 6 ` c41-51\ uonsrc vt ialL lz ‘ vcM (ptic VSov 1 (VaQ. 2r o.) Quo-At E I I ,I l ( 1 , i i a j i , , i i i �—� . —:-*, .✓ 777 C a , , , „ J�• ty LEGAL DESCRIPTION: Lot 1 Block 27, Highland Park 15th Pueblo, Colorado 75.0' • 0' 0• 0' Existing Bldg. Gate / 1 I 4 to 0' Nigh Fence -x x x x x x x x x F 70.0' to / Existing Sidewalk Redwood Lane Pi A W ED E 0 %, S M ELLA DATE: 1/12/2011 SURVEYING SCALE: 1" = 30' JOB No:1101 ga3901 Redwood Lane 501 N. Main 81. LL707 Pueblo, Colorado 719 - 643.1974 & LLP 503 N Main Street, Suite 5 Pueblo, CO 81004 Telephone 719 -543 -7558 January 19, 2011 City of Pueblo 316 W 15 Street Pueblo, CO 81003 Re 3901 Redwood revocable permit Dear Sir or Madam, As owner of the property at 3901 Redwood, I would like a revocable permit issued, so that a new business (Wiggles & Giggles Learning Center) can occupy the property The permit will allow us to place a fence 5 feet from the city sidewalk on the city easement. The reason for the fenced area is to allow a play area for the kids. The fence does not block views for any traffic and does not impede foot traffic We honestly believe this to be a new asset for the community and would appreciate your approval of the revocable permit. Sincerely, Louie D Carleo Client#• 174779 LBLLC ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 DATE ; 'Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY 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 an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: HUB International Ins Svcs Inc PHONE _ FAX 1414 W 4th St rmCalo, Est): (ac, No): ADDRESS: P.O. Box 58 PRODUCER CUSTOMER ID IP Pueblo, CO 81002 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA Colorado Casualty Insurance Com 41785 L &B LLC 503 N Main St Ste 5 INSURER B Pueblo, CO 81003 INSURER c INSURER D . INSURER E INSURER F . COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIJSR ADDLSUBR 'POLICY EFF POUCY EXP L,TR TYPE OF INSURANCE INSR NVD POUCY NUMBER (MM/DDIYYYY) (MMIDD/YYYY) UMITS A GENERAL LIABILITY BOP1058618 06/30/2010 06/30/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $50,000 CLAIMS -MADE I X OCCUR MED EXP (Any one poison) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS COMP /OP AGG $2,000,000 POLICY C [ LOC $ AUTOMOBILE LIABLLITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE _ HIRED AUTOS (Per accident) NON -OWNED AUTOS $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ _ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' UABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is required) Certificate Holder is additional insured with waiver of subrogation with respects to the revocable permit for fencing on City easement CERTIFICATE HOLDER CANCELLATION 10 Days for Non - Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City of Pueblo Revocable Permit ACCORDANCE WITH THE POLICY PROVISIONS. 211 E. D St. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE t dl t .a GI.eRr.ohl ® 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1039592/M1039437 TB01