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HomeMy WebLinkAbout12114RESOLUTION NO. 12114 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CALVIN TURNER ROOFING, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED TH AT 3128 WEST 12 STREET TO ALLOW PLACEMENT OF AN AIR CONDITIONING UNIT, A RETAINING WALL, AND A CHAIN LINK FENCE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Calvin Turner th Roofing, LLC, for the use of the right of way located at 3128 West 12 Street to allow for the placement of an air conditioning unit, a retaining wall, and a chain link 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: March 28, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MARCH 28 , 2011 AGENDA ITEM # M-11 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CALVIN TURNER ROOFING, LLC, FOR THE USE OF THE RIGHT OF WAY TH LOCATED AT 3128 WEST 12 STREET TO ALLOW PLACEMENT OF AN AIR CONDITIONING UNIT, A RETAINING WALL, AND A CHAIN LINK FENCE ISSUE Should City Council issue a Revocable Permit to Calvin Turner Roofing, LLC, for the th use of the right of way at 3128 West 12 Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND th During a recent survey of the property located at 3128 West 12 Street, it was discovered that a portion of the building at this site was encroaching into the right of th way. An application has been submitted for a 5’ street vacation on 12 Street for the building, however some accessory structures will still be encroaching into the right of way. This permit will allow for the continued placement of an air conditioning unit, retaining wall, and chain link fence. 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' Calvin Turner Roofing, LLC, 3128 West 12 Street, Pueblo, CO 81003, (719) 544 -1950 2. Permitted Area. 3128 West 12 Street 3 Purpose of Revocable Permit: Air Conditioning Unit, Retaining Wall, Chain Link Fence 4 Authorized Improvements. 5 Commencement Date. March 14.2011 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 -f. 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 'YIN day of F EBRLIA1Zy 20 11 PERMITTEE. � Organiz tion. dal V n 1 urn el RO�f 03 LL-C, By / a Title: OW e.— STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the day of f attt.rzx( 20 l I by 1 ttCa. as 0..# A-4 e.¢L �»— .._.._.,_.._.. —.. _ ._,._.._.. ' • �� CORDOV My commission expires. 3L 3I I Zot NOTARY PUBLIC [SEAL] = OF COLORADO Notary Public APPROVED this 28th day of March 2011 PUEBL , . Munici a 1 Corporation By a� f 111L President of th ity C. nci CA- 4/6/10 �' ,-m s w� it 1 a c t 8m$ a- it- LL d 3-ra 3-T-a E E9. ", CL 0= O z 33 0. y a o A 3 (13:',5- E 1, ow O LL O _, LL � cb / \ 7 I 3 w3; �� �� t$ o"S- 8 w i a J P! ID o c/ ts4 vw Uw W3 w Wa i «Z " ^o , o m 0 0 0 0 0 $? � c S N f�7 0 � b t w ° � a2 re o W y o E 4 p H o 0 0 ..... ..4 -,.... oi. CV , . 0 6. , ,... g, c , z 1 ` br y _w il * a >g . 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O O O O O 0 O O -- H7tlM 31321JN00 1332US M3dSVf 3N171VM•101H'JILIARI31SV3 K -sano Novo dal (AVM IHJ2/,09) 3N172131VM00'14 133eLL Y3dSVP I w— w— w W— w— w— w— w— w w— w w— w— w— w— w 1 Cardinal Points Surveying, Inc. 4776 Eagleridge Circle, Suite 150 Pueblo, CO 81008 (719) 253-0874 (719) 253-0878 Fax February 4, 2011 City of Pueblo Planning and Community Development Attn. Mr Jeff M Bailey, P.E. 211 East D Street Pueblo, CO 81003 (719) 553-2259 jbailey @pueblo us Re REVOCABLE PERMIT for 12" STREET Dear Mr Bailey. On behalf of our clients C & L Turner Properties, LLC please accept this letter as a request to review and support the approval of REVOCABLE PERMIT for 12" STREET Having surveyed the property owned by C & L Turner Properties, LLC located at 3128 W 12` Street described as Block 27, West Side Addition it was determined that the existing office building encroached in the right of way of 12 Street. To relive the encroachment we have submitted V -11 -03 Street Vacation which vacates the south 5 feet of 12 Street adjacent to our client's property Even with the 5 feet vacation there is an existing air conditioning unit, a landscape block retaining wall and a 6 foot chain link fence that encroach into the right of way of 12 Street. Therefore we are requesting a revocable permit to allow C & L Turner Properties, LLC to temporarily leave these improvements within the right of way until such time the City of Pueblo revokes this permit. If you have any questions, please don't hesitate to contact me. Thank you, Randy Reeves Cardinal Points Surveying, Inc. -m Hub Southwest To:Calvin Turner Roofing LLC (17195532294) 10:41 02/11/11GMT -07 Pg 03-04 CI ient#: 174396 CALVTURN ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 2/11/2011 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 HUB International Ins Svcs Inc PHONE FAX 1414 W 4th St E HAWED, Ext) I (A/C, No): P.O. Box 58 ADDRESS: PRODUCEK Pueblo, CO 81002 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURERA First Mercury Insurance Company 10657 Calvin Turner Roofing LLC 3128 W 12th St INSURER B Pinnacol Assurance Company 41190 Pueblo, CO 81003 INSURER C Colorado Casualty Insurance Com 41785 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 1NSK AWL SUM POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR d vo POLICY NUMBER (MM/DD/YYYY) (MM /DD/YYYY) LIMITS A GENERAL LIABILITY FMTXOO8460 01/05/2011 01/05/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO ED PREMISES (Ea a occ occumencei $50,000 _ CLAIMS -MADE XI OCCUR MED EXP (Any one person) $ — PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OPAGG $2,000,000 nl POLICY PRA n LOC C AUTOMOBILE LIABILITY BA5055523 01/05/2011 01/05/2012 COMBINED S'NGLE LIMIT ANY AUTO (Ea accident) $ 500,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ X SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTCS (Per accident) $ X NON -OWNED AUTOS $ UMBRELLA LIAB — OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION 4128974 02/01/2011 02/01/2012 X WC STATU- CTH- AND EMPLOYERS' LIABILITY Y I N TCRY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTNE u E.L. EACH ACCIDEN 1 $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH} E.L DISEASE EA EMPLOYEE $500,000 1 yes, desatbe under DESCRIPTION OF OPERATIONS below E L. DISEASE POL CY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is listed as additional insured in regards to general liability per CG3227 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 ACCORDANCE WITH THE POLICY PROVISIONS. 211 East D Street Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE ©1988 -2009 ACORD CORPORATION. All rights reserved ACORD 25 (2009/09) 1 of 1 The ACORD name and logo are registered marks of ACORD #S10764041M1037384 RE01