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Home My WebLink About12571 RESOLUTION NO. 12571 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO POCO BUENO, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 3504 NORTH ELIZABETH STREET FOR THE PURPOSE OF INSTALLING A STORM SEWER DISCHARGE LINE AND PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Poco Bueno, LLC, for the use of the right-of-way located at 3504 North Elizabeth Street for the purpose of installing a discharge line and parking lot. 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: January 14, 2013 BY: Ami Nawrocki COUNCILPERSON PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION DATE: JANUARY 14, 2013AGENDA ITEM # M-4 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO POCO BUENO, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 3504 NORTH ELIZABETH STREET FOR THE PURPOSE OF INSTALLING A STORM SEWER DISCHARGE LINE AND PARKING LOT ISSUE Should City Council issue a Revocable Permit to Poco Bueno, LLC for the use of the right-of-way located at 3504 North Elizabeth Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Access to the storm sewer line that services the business at 3504 North Elizabeth was changed by a previous tenant, current underground water coming into the building is discharged to the east side of the exterior of the building. The property owner is requesting permission to install a discharge line from 3504 North Elizabeth Street to the City’s storm sewer drain. The applicant is also requesting authorization for the parking lot to encroach into the right-of-way at 3504 North Elizabeth Street. 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: Poco Bueno, LLC, 3504 North Elizabeth Street, Pueblo, CO 81001, (719)544 -5086 2. Permitted Area: 3504 North Elizabeth Street 3. Purpose of Revocable Permit: Storm Sewer Discharge Line 4. Authorized Improvements: 5. Commencement Date: January 14. 2013 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 ti) 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). (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 % day of b C_ tV 1 be. ' , 20 1 . PERMITTEE: Organize' • Pa cti 3u¢vm L..,L..0 • By: Title: to W fk6 f _ STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing oa ° °� �� G ,acknowledged before me the 3 day of QC�,w9cY , 20 4-L by r O 1 as t/1 as Rm.) 111, cc. e_ 0 f Paco �� dl ® �. L C . My commi ;ion;expirer . 3 •> 1 20 1 3 [SEAL] i t ` . F a F ." 01" Notary Public cclk- APPROVED this 14th day of January , 20 13 . PUEBLO, .dal c • • ration ' '-si -n s + e City Council CA — 4/6/10 1 err w e e t• • rs e V � f Y r x 4 Yr 5 E .. :Y u " & wfi f 1 3 xa ._ 4 01 its. P -",_i O -. if!,- c 3 ..J gr ...1 R. „3an+ M , r . 1 ,,,s �'. d ' ..»„:, o- 4, � pup '� .a.�,,••'a :o, , CC ri ;a , . ;b :z m , Mwi �'� e^ 4 a � 2 � ^e- _< •: .:s ...,�w.ffi �a z � ,. r. t. 2. x. 3 .,>_�.. ._�. ,.�.. ., ... � v __..._ sb, _ > yyj in • C. O h u SJ f C i a / L O N F'g � ,, v O 9 ( 9 p i •,j 2F _ O O LL G' . E O N N N N a E g, 6 a fi a c m .i ry $6 °V b k c o $ a 6. °� O v°°i (i to C N M oo e o 3 �, v II V 's R. N O �� 4 t or ^> >+ an d U) Ce o 0 bo 0g „; m; $F4 , - op d A t$ o l s, Li ul U s E w 3”, v _ o o o I & 115 E. RIVERWALK, SurrE 400 BANNER & P. O. Box 583 DONALD J. BANNER P.C. PUEBLO, COLORADO 81002 -0583 BOWER, C dbanner @bannerbower.com JANUARY 2, 2013 ATTORNEYS AT LAW PHONE: (719) 544 -5086 FAx: (719) 544 -2544 City of Pueblo Department of Public Works 211 E. "D" Street Pueblo, CO 81003 In re: Revocable Permit Application 3504 N. Elizabeth Gentlemen: This letter is to communicate the intent of the owner of the property, Poco Bueno, LLC to request a Revocable Permit to install a drain line from the referenced property to the storm drain north of the referenced property located on Elizabeth Street. This drain line is necessitated by the fact that historically, underground water coming into a sump pump in the basement of the referenced property had been drained into an internal wastewater line. A tenant in the property made changes to the drain line and discharged the underground water from the sump pump to the exterior of the building on the east side. A complaint was filed and notice given that the underground water had to be discharged into a storm drain. The only possible storm drain is the one we desire to use. To access it, it would be necessary to cross City property. Attached to this letter please find the following: 1. Revocable Permit Application; 2. Plat showing the property and the storm drain; the exact path for the discharge line will be determined by the installer to minimize the length and width of the discharge line with the least usage of City right of way. The permit will need to commence immediately upon approval by the City and have an indefinite end date. It will be needed as long as the City will not permit underground water to be discharged into the wastewater system. A general description of the Permitted Area would be "City owned property to the west of the referenced property and the 7 -11 property on North Elizabeth." A general description of the Authorized Improvements would be "A discharge line from the referenced property to the storm drain on the City's right of way on the east side of North Elizabeth." 3. A Certificate of Insurance showing the insurance for the property; 4. $50.00 as the filing fee for this application. 5. The Revocable Permit, signed by the Applicant whose signature has been notarized. This letter and the attachments are being submitted by January 2, 2013 with the understanding that it will be addressed by City Council at its January 14, 2013 meeting. Thank you for your assistance with this matter. V ry truly yours, Donald J. Banner RENEWAL Forming a part of Policy Number: CBP 8568340 Coverage Is Provided In COLORADO CASUALTY INSURANCE COMPAN Named Insured: Agent: EMERGICARE INC HUB INTERNATIONAL INS SERVICES ROBERT S HAMILTON MD INC REFER TO NAMED INSURED SCHEDULE Agent Code: 3243946 Agent Phone: (719) -544 -2533 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS (continued) DESCRIPTION OF PREMISES Prem. Bldg. Location No. No. Occupancy, Construction/Fire Protection 16 1 208 OAK PLACE EL PASO MANITOU G0829 DWELLING - SPRIN M (LESSOR 8 'S RISK) FRAME 17 1 944 OLD WAGON RD TELLER WOODLAND PARK CO 80863 DWELLING -1 FAM (LESSOR'S RISK) FRAM E 18 1 122 W MAIN ST FREMONT FLOREO 81226 AN NCE STORE JOISTED MASONRY e 'fir 19 R te i� � vxirN, k ELIZABETH ' 3 , �� PUEBLO it it p . l PUEBLO CO 81 0 0 M PLOYEE -F` i 4 4 Pgl dFmottfottwttzr `s�' :sew 'fir - ,��?y��'i r avw,:, aM or .vn atitt �..wax•a - • • XJ.,.:..u.c..nl .S. Y - .x......,. s..ra,..m. a .F aro "ttdaw m:v.w..d n.. .wl. 20 1 422 W BIJOU EL PASO C OLORADO SPRINGS CO 80905 DWELLING -1 FAM (LESSOR'S RISK) FRAM E AGENT COPY 21 -7 (07/03) n rnar�n�n RFRR'�d11 AIAHMRR9 1 l ) nnn∎ ancnn ino 1 A rnn►i nnnn Dono a+ COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS (continued) COVERAGES PROVIDED: Insurance at the described premises applies only for coverages for which a limit of insurance is shown or for which an entry made. (The Coinsurance column reflects Coinsurance %. Extra Expense %, Limits on Lose Payment or Value Reporting Symbol.) Prem. Bldg. Limit of Causes of No. No. Coverage Insurance Loss Form Coinsurance 9 1 BUILDING $ 182 , 43 0 SPECIAL 8( 9 1 BUSINESS INCOME AND EXTRA EXPENSE $ 9 , 792 SPECIAL INCLUDING "RENTAL VALUE" 15 1 BUILDING $ 91 , 78 9 SPECIAL 8C 15 1 BUSINESS INCOME AND EXTRA EXPENSE $ 11 , 628 SPECIAL INCLUDING "RENTAL VALUE" 16 1 BUILDING $ 275, 366 SPECIAL 80 16 1 BUSINESS INCOME AND EXTRA EXPENSE $ 13 , 464 SPECIAL . , .. #IN CLUDING,, "R ENTAL, VALU npp r 1 BUILDING ° 11 '1 1 $ S tSPEC a 80 011• BU SINESS I NCOMEA 0tA $e r '1, 628 ' S :ECIAL' 11 INCLUDING "RENTALVALL,6 %1 18 1 BUILDING $ 552, 772 SPECIAL 80 18 1 BUSINESS INCOME AND EXTRA EXPENSE $ 18 , 360 SPECIAL INCLUDING "RENTAL VALUE" 1s9 t ,B;UII INt y �� z ' $ 10 2 , 3 8 5.Y SPECIAL 80 20 1 ��.r UILDING ... .�..�__� .W....,. _. 9r M�. � $. 8 1 �� 182 430 SPECIAL 80' 21 1 BUILDING $ 335 , 6 91 SPECIAL 80' • 23 1 BUILDING $ 107 , 141 SPECIAL 8 0' 24 1 BUILDING $ 148 , 512 SPECIAL 80! -24 1 BUSINESS INCOME AND EXTRA EXPENSE $ 13 , 464 SPECIAL INCLUDING "RENTAL VALUE" 25 1 BUILDING $ 530, 400 SPECIAL 80! 25 1 BUSINESS INCOME AND EXTRA EXPENSE $ 24 , 4 80 SPECIAL INCLUDING "RENTAL VALUE" 25 2 BUILDING $ 53, 040 SPECIAL 801 25 2 BUSINESS INCOME AND EXTRA EXPENSE $ 18,524 SPECIAL INCLUDING "RENTAL VALUE" 26 1 BUILDING $ 127, 296 SPECIAL 809 27 1 BUILDING $ 408, 012 SPECIAL 809 27 1 BUSINESS INCOME AND EXTRA EXPENSE $ 22 , 032 SPECIAL INCLUDING "RENTAL VALUE" OPTIONAL COVERAGES: Prem. Bldg. Agreed Value Amount Replacement Inflation No. No. Coverage Expiration Date Cost Guard 1 1 BUILDING INCLUDED 4% 1 1 YOUR BUSINESS PERSONAL PROPERTY INCLUDED 4% 2 1 BUILDING INCLUDED 4% 21 -7 (07/03) INSURED COPY