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Home My WebLink About12240RESOLUTION NO. 12240 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SUSIE GOTTEBEHUET- CORREA FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 2221 DENVER BOULEVARD 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 Susie Gottebehuet- Correa for the use of the right-of-way located at 2221 Denver Boulevard 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 September 26, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 26, 2011 AGENDA ITEM # M-5 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SUSIE GOTTEBEHUET-CORREA FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 2221 DENVER BOULEVARD FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Susie Gottebehuet-Correa, for the use of the right-of-way at 2221 Denver Boulevard? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Susie Gottebehuet-Correa lives at the intersection of Denver Blvd and Bancroft Avenue which experiences high traffic. She is requesting permission to install a fence in the right-of-way to allow for privacy and 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 Susie Gottebehuet- Correa, 2221 Denver Blvd, Pueblo, CO 81003, (719)542-2444 2 Permitted Area. 2221 Denver Blvd 3 Purpose of Revocable Permit: Fence in Right -of -Way 4 Authorized Improvements. 5 Commencement Date: September 26, 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 — 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 134- 11 day of Se4:) k / bef , 20 PERMITTEE. _ Organization: aaa . 1 L ^- fl V e f' R I V a 140 rrn O Wne r By _ 14 4 c` //- _i • _" Tit e: Q STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me the 1 3 day of `,7 , 20 1 J by Sum e. &61- +- behu,c+- Go rrea . as 1-0hne n e,r My commission expires: a I E l�L Notary Public APPROV D this 26t day of September , 20 11 '7 PUE O, a icipal C rporation By Presid;i4 the y Council CA - 4/6/10 tA) . 4 lit / r \ 13 \ 9 , 7 .' 17 � --1 `I 47 ,,, -,. J tA j 0 � � t , t v .4- (' Xi p ‘,,,,, H , 4, N -;, -- G-q5 /0 /0' •4� C s 1011 wedif ..) , w 0 E September 7, 2011 City of Pueblo Re Revocable Permit To Whom It May Concern Please accept this letter of intent requesting a revocable permit We would like to build a privacy fence extending our property two feet. This would still leave a 10 feet variance from the fence to the street. We would like to landscape our property and could use the extra two feet. We had to move the metal carport to the back of the yard from the side of the house, by doing this — the room we had to landscape is no longer available We would like to improve our property by landscaping appropriately We live on a dead end and the only thing behind us is the railroad tracks and an empty lot. Please take this into consideration and grant us a revocable permit to build a privacy fence We understand that if the need occurs we could be asked to remove the fence Thank you and God Bless, ,Crt i- k, Susie & Mike Correa 2221 Denver Blvd Pueblo, CO 81003 utl /3u /cull U6 46 FAA 711#06UJU83 FAKM KS maul 199 MIISt Evidence of Insurance for Mortgagee /Other Interests % FARM E RS This form is not the contract of insurance. It is a memorandum of coverage limited RI mortgagee /other interests, provided at thcir request and applicable to the dwelling or building at the location below. The provisions of the policy will prevail in all respects. This certificate of insurance does not affirmatively or negatively amend, extend, or alter the coverage afforded by the insurance policy. Insured Information Agent Information Named Insured Name BRIAN.' BALI .OTTI SIJSII. MARIE CORREA Address 1844 VINEWOOD LN PUEBLO CO 81005 -2525 Phone 719.564.3912 Fax 719 -560 -9083 Mailing Address Email bbullutti(farmcraagent_com 2221 DENVER 181 VI) PIUEl311) CO 81003 -1438 Property Address 2221 DENVER BLVD) PUEBLO CO 81003.1438 Polity Information Coverage Information Policy Number 917197874 Coverage Limit Company Name FIRE INSURANCE EXCIIANGI. Dwelling $125,000 Extended Replacement Cost $31.250 Policy Type PROTECTOR PLUS Personal Property S93.750 Policy Status IN FORCE Personal Liability $300,000 Policy Term Effective Date 11/05/2010 Renewal Date 11/05/2011 Deductible applicable to each covered loss: Annual Premium $1111.21 $1.000 Balance Due $0.00 Loss Of Use $62,500 Fist Mortgagee Loan Number 4000222781 Who Pays MORTGAGEE AMERICAN HOME MORTGAGE SERVICING Mortgagee Effective Date 01/21/2010 INC ISAOA PO 110X 949 ORANGE CA 92856 -6949 Second Mortgagee /Other Interest No Additional Mortgngec(s)/Other Interest(s) available Mortgagee Deductible Clause Not Applicable President 438BPUNS Endorsement Included N *Ag‘- 67960 am Print Datetu8/30 /2011 AWlrorhed Farmers Representative 2011 -08 -30 10:02 Ballotti Insura 7195609083 Page 1