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HomeMy WebLinkAbout12112 RESOLUTION NO. 12112 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO LOVES TRAVEL STOPS & COUNTRY STORES FOR THE USE OF THE RIGHT OF WAY LOCATED AT 6470 N. ELIZABETH TO ALLOW FOR THE INSTALLATION OF A HAND RAILING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued Loves Travel Stops and Country Stores for the use of the right of way located at 6470 N. Elizabeth to allow for the construction of a hand rail. 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: March 28, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MARCH 28, 2011 AGENDA ITEM # M-9 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO LOVES TRAVEL STOPS & COUNTRY STORES FOR THE USE OF THE RIGHT OF WAY LOCATED AT 6470 N. ELIZABETH TO ALLOW FOR THE INSTALLATION OF A HAND RAILING ISSUE Should City Council issue a Revocable Permit to Loves Travel Stops & Country Stores for the use of the right of way at 6470 N. Elizabeth? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Applicant is currently building a new facility at this site. Due to the redesign of a retaining wall, the hand rail could not be installed as originally planned and will now encroach into the right of way. 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: Love's Travel Stops & Country Stores, P 0 Box 26210, Oklahoma City, OK 73102 (405) 302 -6646 2. Permitted Area. 6470 N Elizabeth 3 Purpose of Revocable Permit: Hand Railing 4 Authorized Improvements. 5 Commencement Date: March 14 2011 Time 6 Ending Date. Indefinite 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 in4�eble; this /7 day of • 20 1 PERMITTEE. Organization: (...)c.,s i r S £ ��-* SJoreS . t. By' < Oat . (47-014 Title: RLLI • 4 De i ► . 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HIGHLINE ENGINEERING AND SURVEYING COMPANY, INC. 12354 East Caley Avenue, Suite 201 Centennial, Colorado 80111 (303) 889 - 0044/(303) 380 -2859 fax February 7, 2011 City of Pueblo Town Council Pueblo CO RE Loves Travel Stop Letter of Intent - Revokable Permit Application Handrail along Platteville Boulevard Dear Sir Location Loves Travel Stop is located within the northwest 1/4 of Section 1, Township 20 South, Range 65 West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado Loves Travel Stop consists of 5.27 acres located west of I -25 and south of Platteville Boulevard The site is bounded to the north by Platteville Boulevard, to the west by Elizabeth Street, to the south by unplatted- undeveloped property, Lot 2, Block 1 of Pinion Ridge Commercial Center Loves Travel Stop, Lot 1, Block 1 of Pinion Ridge Commercial Center, is currently under construction containing a Fueling Station, C- store, two Restaurants and Truck Scale One building is centrally located on the site for the C -store and restaurant 8 642 square foot. Asphalt Drives will be constructed to provide access around the building and parking and landscaping will constructed around the perimeter Introduction The Applicant, Love's Travel Stop and Country Stores, request your consideration to construction of a handrail along the south Right -Of -Way line of Platteville Boulevard fronting the Loves Travel Stop center in Pinion Ridge Subdivision. Initially, the construction and development plans depicted a reinforced concrete wall to be constructed along Elizabeth Street and Platteville Boulevard. A handrail was initially proposed to be constructed along Elizabeth Street only since the retaining wall abutted the 6 -foot wide sidewalk along Elizabeth Street. No handrail was proposed on Platteville Boulevard because 14 feet - minimum of landscape was proposed to separate the sidewalk from the retaining wall. 301 Letter of Intent RevPermit 1 Proposal. Elizabeth Street. After permits were issued, the Owner elected to construct a interlocking dry -stack CMU wall in lieu of the reinforced concrete wall in order to improve the site appearance aesthetically During construction of the wall, it was noted that the handrail could not be constructed on top of the CMU wall as would be typically constructed on a reinforced concrete wall. Therefore, the handrail along Elizabeth Street would be required to be placed immediately behind the wall to provide proper anchoring for stability and strength. This modification required narrowing the streetscape along Elizabeth from 7 feet -six inches to 7 feet -zero inches as measure from the face of the curb Both the City of Pueblo Public Works and Planning Department are in support of allowing this design modification. Platteville Boulevard After completion of the wall along Platteville Boulevard it was noted that it was feasible for pedestrians and /or bicyclist to meander across the 14 feet of grass landscape to reach the wall Two options were considered by the Owner to minimize potential accidents from occurring. The first option was to construct a shrub planting bed in the right -of -way along the wall, and the second option considered was a continuation of the handrail from Elizabeth Street In order to provide additional public safety and minimize liability, the Owner proposes to continue the handrail along immediately behind the retaining wall along Platteville Boulevard. Since the north face of the wall if already constructed along the south Right -Of -Way line for Platteville Boulevard, the handrail is proposed to be constructed immediately behind the wall As proposed, the rail will encroach into the right -of -way for Platteville approximately 6- inches. Employees and /or contractors will periodically maintain or repair the rail as needed to keep the rail with good functioning order and appearance Thus far, Staff has determined that the proposed handrail does not encroach into the sight visibility triangle located at the intersection of Elizabeth Street and Platteville Boulevard. Thank you for your consideration in this matter Highline Engineering and Surveying Co , Inc ussell B Hall, PE & PLS 301 Letter of Intent RevPermit 2 /+ Client #• 259 /� p ® �g �+ LOVECOU CERTIFICATE ERTIFICATE OF LIABILITY INSURANCE DATE (MM YY) 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: Willis of Oklahoma, Inc. PHONE 405 232 -0651 FAX 405 5 (NC, No, Ext): (A/C, No): ( ) 552-4495 211 North Robinson Suite 1100 E -MAIL ADDRESS: Oklahoma City, OK 73102 7105 PRODOCER 405 232 -0651 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA Ironshore Specialty Insurance C 25445 Love's Travel Stops & Country Stores, INSURERB Nat'l Union Fire Ins. Co. Pitts 19445 Attn. Mr Carl Martincich, P 0 Box INSURERC New Hampshire Insurance Company 23841 26210 INSURER D Lexington Insurance Company 19437 Oklahoma City, OK 73126 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM /DD/YYYY) A GENERAL LIABILITY 000809601 12/01/2010 12/01/2011 EACH OCCURRENCE $4,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $None CLAIMS -MADE X OCCUR MED EXP (Any one person) $None X $1,000,000 SIR PERSONAL & ADV INJURY $4,000,000 X Liquor Liab Included GENERAL AGGREGATE $8,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $8,000,000 POLICY PRO- LOC $ JECT B AUTOMOBILE LIABILITY CA1467952 12/01/2010 12/01/2011 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 B X ANY AUTO CA4576106 12/01 /2010 12/01 /2011 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) X NON -OWNED AUTOS B UMBRELLA LIAB X OCCUR 15972631 12/01/2010 12/01/2011 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DEDUCTIBLE $ X RETENTION $ 25000 $ WC STATU- OTH- C WORKERS COMPENSATION WC004884101 12/01/2010 12/01/2011 X TORY Lll,dl7� FR AND EMPLOYERS' LIABILITY B ANY PROPRIETOR /PARTNER /EXECUTIVE Y I N WC009844830 12/01/2010 12/0112011 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I N I N/A C (Mandatory in NH) WC009844831 12/01/2010 12/01/2011 E.L. DISEASE EA EMPLOYEE $1,000,000 B unit= OF OPERATIONS below � WC069862408 12/01/2010 12/01/2011 E.L DISEASE POLICY LIMIT $1,000,000 D Commercial 021469033 12/01/2010 12/01/2011 Per Schedule on File w/ Property Cov Co, Special, $100K ded DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) General Liability- Self Insured $1,000,000 Limit Waiver of Subrogation for Workers Compensation does not apply in the following states. New Jersey, Kentucky (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City of Pueblo ACCORDANCE WITH THE POLICY PROVISIONS. 1 City Hall Place Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE ED © 1988-2009 ACORD ORPORATION. All rights reserved. ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD #S209850/M198522 RGRAY DESCRIPTIONS (Continued from Page 1) and New Hamphire City of Pueblo is named as Additional Insured and Waiver of Subrogation applies in favor of same per written contract. AMS 25.3 (2009/09) 2 of 2 #S209850/M198522