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Home My WebLink About12285 RESOLUTION NO. 12285 A RESOLUTION RESCINDING THE REVOCABLE PERMIT TO LAMAR ADVERTISING OF COLORADO, INC., AND AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE STREET MEDIA GROUP, LLC, FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF PUEBLO FOR THE PURPOSE OF INSTALLING AND MAINTAINING BUS SHELTERS AND BENCHES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Street Media Group for the use of the right-of-way indicated in the attached list for the purpose of installing and maintaining bus shelters. 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 December 27, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-5 DATE: DECEMBER 27, 2011 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION RESCINDING THE REVOCABLE PERMIT TO LAMAR ADVERTISING OF COLORADO, INC., AND AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE STREET MEDIA GROUP, LLC, FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT VARIOUS LOCATIONS THROUGHOUT THE CITY OF PUEBLO FOR THE PURPOSE OF INSTALLING AND MAINTAINING BUS SHELTERS AND BENCHES ISSUE Should City Council issue a Revocable Permit to the Street Media Group, LLC for the use of the right-of-way at various sites throughout the City of Pueblo? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution as long as the Planning Department and Public Works review each site specific location prior to installation. BACKGROUND The Street Media Group would like to install and maintain bus shelters and benches at various locations throughout the City of Pueblo. See attached list for placement locations. 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: Street Media Group, LLC, 675 Southwood Ln, Windsor, CO 80550 2. Permitted Area: SEE ATTACHED (various locations throughout the City of Pueblo) 3. Purpose of Revocable Permit: Placement and Maintenance of Bus Shelters 4. Authorized Improvements: 5. Commencement Date: December 27 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 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. (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. 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. 0) 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. 1JivetasOr Signed in iattehall Colorado this ) 5 day of r o 1r , 201 / . PERMITTEE: Organization:Street edia Group, LLC Ty: lL ! Title: � — STATE OF COLORADO ) COUNTY OF PU£Bt ) ss. The foregoing insfi unent was acknowledged before me the 5 day of l y . , 20 \ i /- l/V\ C71�C\C �,Y as b l� Ot J q 01, u i �' Ce 0 o 5tr e e-4- tY1r- i & ry r � ca�uSA� ft. • My commission expires: 01 2 - Mc1v4ANI Al `Q; • • [SEAL] I I L, u ' , fF �� .�, r7� Cow' 01.23.2013 Notary Public APPROVED this o day of 7.1) e. C t w, b cr , 20 11 . P j - a , a unicipal orporation By President of the City Council BENCH LOCATIONS Colorado /Routt Fairfield/Vinewood Evans /Arroyo Lamar /Jewel Vinewood /Canterbury Evans /Logan Roselawn /Paloma Lehigh /Regis Orman /Minnequa 5 th /Court Prairie /Mesa Orman /Arroyo Jerry Murphy /Desert Fortino /Club Manor Main /D St. Flower Elizabeth /26 Orman /Lake Hunter /Bonforte Grand /20 S. Main /Olney 16 /Grand Court/12 4 /Fountain 31 /Morris Court/10 4 /Reading 29 /Denver Court/5 4 /Troy 5 /Elizabeth 151 S. Main St 4 3200 Spaulding Ave Abriendo /Michigan 8 /Amarillo 5 /Court Evans /Summit SHELTER & BENCH LOCATIONS Lake /Minnequa Jerry Murphy /Bonforte Prairie /Crawford Oneal /Prairie Hunter /Bonforte Prairie /Airport 2828 Granada Hudson /9 Goodnight/Prairie Union /Abriendo Prairie /Tulane Orman /Marilyn Cleveland /Abriendo Santa Fe /6 102 W 29 St Vinewood /Northern 24 /Grand Pueblo Mall - Dillards Northern /Prairie Elizabeth /27 4200 Dillon Dr Santa Rosa /Pecos 29 /Elizabeth 3415 N. Elizabeth Main /5 Baltimore /Kachina 3015 N. Elizabeth 8 /Fountain Elizabeth /13 2900 N. Elizabeth Hudson /Ruppel Grand /16 29 /Elizabeth Bonforte /Bartley 31 /Morris 1414 N. Santa Fe 8 /Main 24 /High Evans/Washington Court/8 6 /Greenwood Evans /Canal Troy /15 1630 Moore Ave Orman /Central Troy /Oakshire Pueblo BlvdNinewood Orman /Mesa Bonforte /Constitution Pueblo Blvd /Oneal Abriendo /Jefferson Bonforte /Liberty Pueblo Blvd /Surfwood 4 /Fountain Montebello /Douglas Pueblo Blvd /Ivywood Amarillo /4 Jerry Pueblo Blvd /Northern 8 /Monument Murphy /Bonnymede Hollywood /Jones 8th /Lacrosse