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HomeMy WebLinkAbout12561 RESOLUTION NO. 12561 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SECURITY SERVICE FEDERAL CREDIT UNION FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1902 VINEWOOD LANE TO ALLOW FOR THE INSTALLATION OF AN ADVERTISING SIGN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued Security Service Federal Credit Union for the use of the right-of-way located at 1902 Vinewood Lane to allow for the installation of an informational sign. 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 26, 2012 BY: Steve Nawrocki COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: DECEMBER 26, 2012 AGENDA ITEM # M-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SECURITY SERVICE FEDERAL CREDIT UNION FOR THE USE OF THE RIGHT-OF- WAY LOCATED AT 1902 VINEWOOD LANE TO ALLOW FOR THE INSTALLATION OF AN ADVERTISING SIGN ISSUE Should City Council issue a Revocable Permit to Security Service Federal Credit Union for the use of the right-of-way at 1902 Vinewood Lane? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Applicant is requesting permission to install a sign in the right-of-way that directs customers and visitors to the entrance and parking lot of the Security Service Federal Credit Union. 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: Security Service Federal Credit Union, 1902 Vinewood Lane, Pueblo, CO 81005, (719)265 -2708 2. Permitted Area: 1902 Vinewood Lane 3. Purpose of Revocable Permit: Informational Sign 4. Authorized Improvements: 5. Commencement Date: December 26 2012 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 — 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 7r l 7 day of 100-14q1 , 20/. • PEIZMIT'� � , i f 'onn:: J Organi BY: 4 G ft/L�� ,, J24 Title: k1 ,?�2(.21 /(7 t7"ic% /7 STATE OF COLORADO ) C O U N T Y O F W J x p ) s'.. The foregoing instrument was acknowledged before me the 1 1 day of 0.10 b , 20 iQ _ by (nth ssCL, GrICA' as ASS ► s+c - LCt VI C-e PreS1'den , My commission expires: My CQ_____ ssbn._EXDir.ES_07- 06- 2015 �Q -� �I ®,� [SEAL] � 0A-b� � Notary Public ' ' }� - > 7 APPROVED this �p day of Germs! 20 la , ` PUE 1, a n'• pal C. ••oration , ' 13 _AA( /.(f / -�4 . f 1 - s , nt o't e ty Council CA -- 4/6/10 . "' ;..tt,' Viz,, Project Manager: Brenda B. Work Order# 31432 - 003 of 3 Customer Approval: Sales Rep: Greg B. Client's Location: Security Service FCU Pueblo, Co. 81005 1902 Vinewood Ave. Scale: N.T.S. Date: 3/23/12 Underwriters October 29, 2012 City of Pueblo Sign Administration Pueblo, CO Reference: Letter of Intent Security Service Federal Credit Union Sign Permit To Whom It May Concern: Please accept this letter as authorization for Precision Sign Company to remove existing pole sign as well as applying and obtaining a Sign permit to install one (1) non illuminated 6' x monument display for the SecUritY Service Credit Union located at 1902 Vinewood Lane in Pueblo, CO. Th you, • John " t .ves, Jr, Support Services Mgr. Security Service Federal Credit Union ACC) 11/011/2012 2012 ® CERTIFICATE OF LIABILITY INSURANCE D ATE /YYYY) 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 Marsh USA, Inc, NAME: PHONE 9830 Colonnade Blvd Ste 400 A /C. No, Ext): FAX No): San Antonio, TX 78230 E -MAIL Attn: Kristin Tate 210- 691 -4164 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 419990 -AIL- GAWP -11 -12 INSURER A : Travelers Lloyds Insurance Company INSURED INSURER B : Charter Oak Fire Insurance Company 25615 Security Service Federal Credit Union ATTN: Patty Gamboa INSURER C : N/A N/A 16211 La Cantera Parkway INSURER D : N/A N/A San Antonio, TX 78256 -2419 INSURER E Travelers Indemnity Company Of America Inc 25666 INSURER F COVERAGES CERTIFICATE NUMBER: HOU 002194302 - 01 REVISION NUMBER:4 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 LIMITS LTR INSR WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) A GENERAL LIABILITY 660- 78982003 06/01/2012 06/01/2013 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 5,000,000 X POLICY PRO- LOC $ JFI:T 6 AUTOMOBILE LIABILITY BA 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) _$ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X X NON OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ E WORKERS COMPENSATION HS- UB- 1916L04 -5 -12 06/01/2012 06/01/2013 X WC STATU OTH AND EMPLOYERS' LIABILITY TORY LIMITS ER ANY PROPRIETOR /PARTNER /EXECUTIVE Y N N N N A E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ • DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: Sign upgrade at 1902 Vinewood, Pueblo, CO City of Pueblo is included as additional insured where required by written contract with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 310 E D Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Pueblo, CO 81003 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Marc Crane © 1988-2010 ACORD CORPORATION. Ali rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD