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12120
RESOLUTION NO. 12120 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO RAMPART SUPPLY, INC., FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 320 TH EAST 4 STREET FOR THE PURPOSE OF INSTALLING LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Rampart Supply, th Inc., for the use of the right-of-way located at 320 East 4 Street for the purpose of installing landscaping. 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: April 11, 2011 BY: Larry Atencio COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: APRIL 11, 2011AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO RAMPART SUPPLY, INC., FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT TH 320 EAST 4 STREET FOR THE PURPOSE OF INSTALLING LANDSCAPING ISSUE Should City Council issue a Revocable Permit to Rampart Supply, Inc., for the use of th the public right-of-way located at 320 East 4 Street for the purpose of installing landscaping? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND Rampart Supply, Inc., is in the process of remodeling the building at this site. As a condition of the building permit, the applicant is required to have a 10-foot landscape setback. Because of the limited available space on this property, the applicant needs to utilize the right-of-way to meet the landscape requirement. FINANCIAL IMPACT None. Reception 1873656 04/28/2011 LANDSCAPING REVOCABLE PERMIT (Section 17 -4 -7 Pueblo Municipal Code) Pursuant to Section 16 -9 of the Charter of the City of Pueblo ( "City ") the City Council of City hereby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described, subject to and conditioned upon the provisions, covenants and conditions contained herein and Permittee's compliance therewith. 1 Permittee's name and address. WA M PA kr u ppL y l Boi LI,NroN jL ✓Dr 61_0 R4% 0 Sp Ai6S Co 8C909 2. Legal description and street address of real property owned by Permittee subject to Section 17 - 4 -7 of the Pueblo Municipal Code ( "Permittee's Property") T L_t,LK 5 E ��,4CAT —E i A tE 6Lo 2 0 L--A-S T 1 4 TA- 5- 3 "Permitted Area" means and includes that portion of the public right -of -way adjacent to Permittee's Property shown on the attached Landscape Plan. In consideration of the issuance and granting of this Revocable Permit, Permittee represents, warrants and agrees as follows. 1 Permittee shall within 180 days from date hereof install landscaping on Permittee's Property and in the Permitted Area in compliance with the Section 17 -4 -7 of the Pueblo Municipal Code and as shown on the attached Landscape Plan. 2 Permittee shall keep, maintain and replace the landscaping as required by Section 17-4 - 7(b)(8)(b) of the Pueblo Municipal Code or any substituted provision thereof. 3 This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City Permittee acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason, at any time, without notice to or hearing by Permittee, and Permittee waives any and all claim to any such notice and hearing. 4 Immediately upon termination of this Revocable Permit, Permittee shall (a) remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b) replace and relocate landscaping on Permittee's Property which meets and complies with Section 17 -4 -7 of the Pueblo Municipal Code or any substituted provision thereof; and (c) meet and comply with all applicable off - street parking requirements set forth in Sections 17 -4- 42,17 -4- 43,17 -4 -44 and 17 -4 -45 of the Pueblo Municipal Code on Permittee's Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. 5 If Permittee fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit, City, in addition to all other remedies provided by law, may revoke the certificate of occupancy for the building on Permittee's Property NOTE This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder -1- 6 The covenants of this Revocable Permit shall run with Permittee's Property and shall extend to, be binding upon, and inure to the benefit of City and Permittee and their respective heirs, personal representatives, successors and assigns. 7 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 Revocable Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance ofthe landscaping in the Permitted Area, or the use of the Permitted Area by Permittee, its officers, agents, employees, invitees or general public. Executed at Pueblo, Colorado the 10 day of YY\1101L , 2010 2011 Permittee; Ra mf a r S) P'l0I 1in C- Name r . By f ,AN k 54le»- a-O Title. Yi S I'1().an,c r ,I� STATE OF CAira& ) ) ss. COUNTY OF ( *Lao ) The foregoing rument was acknowledged before me the I C' day of attrr, by JTnM. as, MNacv c t 4 2011 1 (SEAL) Witness my official seal and signature My commission expires. 10 I9 14 — pia Not.. Public ; K ,THLEEN S ` /ALI N /K. R NO11; Y ''URA, APPROVED this 11th day of April , 2011 STgi L r C0; ter PC COmrni c i ._ 1 S 10'1 r Puebl/�' =',:: - •rporati� rx ,i e 41 Vice President of the City Council NOTE This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder -2- Oil li 11 1 1 8 BR�DFORD'AVE ". `, s �- 1 L n, �7 . 1 11 �. '4x s1' _ — - - —_ _ . - I • • „.„,,,, , '�i cow. WOK I�� v�n I e . ;To ` t, N .; I! t I I El- o w ` : I c a ,6 I ,El 0 1 IP ! §(: \ M . Ed- N , i r ueanrsw�u V I � " i � - N 1 I cist �� m CO I Nag ri '' o ei o �m I ti� 1 4 p I+A #, \ I a $° 01 a ~ 1T � ' B e! nj.22 11 4 t. 3 i I, ," : ri, aiE a & III I ' 1[ II, 4, \ = 1 56 d• ji I I N ,,„\ ti„: ! 1 ifil , -:„ , I L .._ am - \ �� I. i i CHESTER AVE 1 I F ! 1fV 5 ���g y s � 111111111 � �1� ��' P1 110111 f � '.. , i A gig a /a 01 " &11111 p 1 ;ia I'll 1 : . 5E' I I ! 1 1 1 R 1 t i ri — pI a * i i z ., # F ' 1 . I 1 1 11 t ii g m ] 1 ii i g g4 8 P § § g a-4 Hd 1 11101111 , • l Ri a;; i i' ,; u i ;15 RAMPART PLUMBING LANDSCAPE PLAN z D 1 _ 304 N. BRADFORD Don Claussen, LA . ^ „ PUEBLO, COLORADO Cantu CBy, CO g :2 7192754858 \ - _ ' s SUPPLY, Inc. 1801 N. Union Blvd. Colorado Springs, CO 80909 Phone: 800 - 748 -1837 Fax: 719 -447 1238 frankb@rampartsupply.com March 10 2011 City of Pueblo 211 E. D Street Pueblo Colorado 81003 RE. Rampart Supply Revocable Permit Application Rampart Supply is a Wholesale Distributor of Plumbing, Pipe, Valve and Fitting Supplies. Our Main Office is located in Colorado Springs and we also have a Store located in Denver We are very much looking forward to coming to Pueblo s East Side and starting a new business, employing local residents. We are asking for this Revocable Permit to fulfill the requirements of the Department of Planning and Community Development. In doing so we will be improving the aesthetic value of the area as well as refurbishing a building, "The Rainbo Bakery' , that holds a lot of history for the people of Pueblo If you have any questions or concerns, please do not hesitate to give me a call @ 719 - 240 -6301 Thank you for your consideration Sincerely RAMPART SUPPLY INC 6 1.14-1-1-66 Frank Bartolo Manager Pueblo Rampart 04- 05 -'11 09 41 TO- 17195532294 FROM- Rampart Supply P0001/0001 T -218 F -494 SUPPLY, Inc. PHONE (719) 471 -7200 FAX (719) 471 -2004 PO BOX 1089 COLORADO SPRINGS, CO 80901 1801 N. UNION BLVD COLORADO SPRINGS, CO 80909 April 5, 2011 City of Pueblo To Whom It May Concern. Frank Bartolo has my permission to sign the Revocable Permit for landscaping at 320 E 4 Street in Pueblo. Sincerely, 1 Perry Owner -'^"r OP ID: DC ACC) D° CERTIFICATE OF LIABILITY INSURANCE DA 03/24111 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(ss PRODUCER 719 -590 -9990 CCOONNTACT Six & Geving insurance, Inc. 719 -590 4992 (A/C. PHONE , ): I (A/C, No): 3630 Sinton Road, Suite 200 E-MAIL Colorado Springs, CO 80907-5034 PRODUCER Wayne Six CUSTOMER ID a: RAMPA -1 INSURERS) AFFORDING COVERAGE NAIC # INSURED Rampart Plumbing & Heating INSURER A. Pinnacol Assurance 41190 Supply Inc; & dba:Rampart 1801 INSURER B. Employers Mutual Casualty Co. 21415 No Union; Water Systems Inc; INSURER C . Joseph J. & Colin J. Perry P 0. Box 1089 INSURER D . Colorado Springs, CO 80901 INSURERE. _ 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LJMIT9 LTR INSR WVD POLICY NUMBER fMMJDD/YYYY) (MWDD/YYYT) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY 4X15124 07/01/10 07/01/11 DAMAGE TD RENTED 100,000 PREMISES (Ea ocaar encel $ CLAIMS -MADE I X 1 OCCUR MED EXP (Any one person) $ 5,000 '-- PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $ 2,000,000 7 POLICY I Jl ( jF ( a LOC $ AUTOMOBILE LABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO 4X15124 07/01/10 07/01/11 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Peraocident) — NON OWNED AUTOS $ — $ UMBRELLA LAB X OCCUR EACH OCCURRENCE _ $ 15,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 15,000,000 B 4X15124 07/01/10 07/01/11 — _ DEDUCTIBLE $ — X RETENTION $ 10,000 $ WORKERS COMPENSATION X WC STATU- TH- O AND EMPLOYERS' LIABIUTY TRRY 1 IMfTS I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE /N 4033553- 1NCLOFFICERS 07/01/10 07/01/11 E.L. EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? © N / A (Mandatory In NH) INCL BLKT WAIVER OF SU E.L. DISEASE EA EMPLOYEE $ 1,000,000 if yes, describe under DESCRIPTION OF OPERATIONS below EL DISEASE POLICY LIMIT $ 1,000,000 B Prop -Spec Forrn!RC 4X15124 07/01/10 07/01/11 Blkt Bidg 13,502,700 B Agrd VaU$1 Kded 0 7101/1 0 07/01/11 Blkt Cont 13,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) Proof of Insurance. City of Pueblo is named General Liability Additional Insured - Permit issuer CERTIFICATE HOLDER CANCELLATION PUEBL -1 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 . I @ 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 2