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Home My WebLink About12585RESOLUTION NO. 12585 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ASCENCION MOLINA FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 425 SOUTH IOLA AVENUE 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 Ascencion Molina for the use of the right-of-way located at 425 South Iola Avenue 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: February 11, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: FEBRUARY 11, 2013 AGENDA ITEM # M-3 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ASCENCION MOLINA FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 425 SOUTH IOLA AVENUE FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Ascencion Molina for the use of the right-of-way at 425 South Iola Avenue to install a fence? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Ascencion Molina lives at the intersection of Catalpa Street and Iola 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: Ascencion Molina, 425 South Iola Avenue, Pueblo, CO 81001, (719)252 -3205 2. Permitted Area: 425 South Iola Avenue 3. Purpose of Revocable Permit: Fence in Right -of -Way 4. Authorized Improvements: 5. Commencement Date: February i 1, 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. (0 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 jll day of , 20 /i . PERMITTEE: Organization: VI D (neo u nQ { BY: 1( S eQrtGo■ RCA r■ a Title: CILt)n�f STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the /6 day of , 20 AS by 4 3 'e / # /ta as QZCJ7L�.E - + My commission expires: G /�,7oV /Y 4 ai otary Public tl iPhkS , 10(FtiV 2 i. thday of February , 20 13 . t° PUEB a r mcipa orvr. on • res nr ity Council CA — 4/6/10 r c— r `! _ d� i 4, . y_., . 4i 6.. ♦' 4I ..--- 3 r " . ii yy • R ! C l • �' 4 0 R;� Cu„X • SA" ! x • ! " t m ' R 1 l'i Itt V ~ 6 %-,;, M n 4 O e 0 . , f . k " 4"-H. ,- ,....... ... . , , y x , 4 .f.:, , , _,., , . V" 0 . N "" 1 HI cif t , A ,. . ■ W !• , fil 1 a I 0 .� 2A `„ 0 jil li wit Os •SC '' 41.1Willi ' ' ' @ • J -'''. 1 .4 • I 4 r ,, • . . ,...., .... , ., . ,...,, . 1 II. fi?, ,, .:,,, . .,...: ,4 ,,..„ ; , , ..,. . ,,,,,,,„; litki , tint" kik „. 1 _ . ,,, .... --.-..; , , ' : ' ... .. � $ r `, *h 1;1 O ♦ v .r i A ' r w s.. gore • trp i AR , .,,,,,., ..,,,,,,,,,, ..„.....,,,..\ , ..,- ., , „ . . .., } v . ,.., ,011$4 , To whom it may Concern: The fence located at 425 S Iola Ave, Pueblo, Co 81001 was built in the City's right of way. The current fence on the Catalpa Street is made of 6 ft wood. The other fence will be 4 ft made of metal and placed on the corner of Catalpa Street to Iola Ave and continue to the alley to connect existing fence . I would like for the City to allow the fence to stay where it is because of the area of town, it is necessary for the safety of my children. Thank you for your consideration. Sincerely, A',, A 5cs.15..c._■oc\ `"�� Y\ c. � Ascencion Molina =FARM Homeowner Package :BUREAU' Policy Declaration It 5URANCE4 Effective 03/15/2012 g iT u m t r 1 Point P " '3 ' Na _ H0545203 4 03/15/2012 J 03/15/2013 12:01 a.m. Standard Time 1004304 �. r NAMED) NSURED AND AO1 PESSi iQ AGENT ,...r,.... , ..:,; ,.... ASCENCION MOLINA ROBERT KEIFFER 425 S IOLA AVE 2099 US HIGHWAY 50, SUITE 100A PUEBLO, CO 81001 PUEBLO, CO 81006 Phone: (719) 583 -0552 075 - 701 We will provide the protection described in this policy in return for the premium and compliance with all applicable policy provisions. Protection is provided where a premium, limit of liability or other indication is shown for the protection or coverage. Your Protection Premium Section I - Property Coverage $982 Section II - Liability Coverage $21 Section III — Personal Excess Liability Coverage NC* Total Policy Premium (This Is Not a Bill) $1,003 *NC = No Coverage The Following Discounts Have Been Applied To Your Policy: Adult at Home Valued Customer Discount Total Discount Amount: $897 Forms, Optional Coverages and Endorsements Applying To Your Policy: H00003 (06 -10) H00496 (10 -00) IL N 020 (09 -03) IL P 001 (01 -04) These Declarations along with the forms and endorsements identified above constitutes the entire contract between the parties. These Declarations replace and supersede any preceding declarations bearing the same policy number. We will renew this policy, at company option, upon receipt of required renewal premium. It is necessary for payment to be received prior to the end of the current policy period or coverage will expire. 02/03/2012 5064656 Colorado Farm Bureau Mutual Insurance Company Page 1 9177 E. Mineral Circle, Centennial, CO 80112 EpR^,,, 2 Homeowner Package lr 'BUREAU Policy Declaration 1 Effective 03/15/2012 I Policy Period a k p i w �� N 3 Po lic y N umber a , „ .,�., i n m < sx . Tn,' . . B o . ' i u 4 � � i �a' � x, , aaa , d�,...��,° �..�a9 .,. 3 - a� 5 "'°RLI ,. >.:v, >, H0545203 -4 03/15/2012 1 03/15/2013 12:01 a.m. Standard Time 1004304 ;NAMEDEINSURED 4ND ADDRESS _, AGENTf.. ' .e�167-Pn.E.. 4f. ASCENCION MOLINA ROBERT KEIFFER 425 S IOLA AVE 2099 US HIGHWAY 50, SUITE 100A PUEBLO, CO 81001 PUEBLO, CO 81006 Phone: (719) 583 -0552 075 - 701 Section I - Property Coverage Dwelling Item Coverage Coverage Coverage Coverage Deductible Windstorm Premium No. A B C D or Hail Dwelling Dwelling Personal Loss of Deductible Extension Property Use 1 $214,221 $21,422 $107,111 INCL* $1,000 $1,000 $982 Item No. Location of Insured Location /Residence Premises 1 425 S IOLA AVE PUEBLO CO 81001 Section II - Liability Coverage Coverages Limits of Insurance (000 omitted) Premium Each Person Each Occurrence Coverage E - Personal Liability N /A** $300,000 $15 Coverage F - Medical Payments to Others $3,000 N /A** $ 02/03/2012 5064656 Colorado Farm Bureau Mutual Insurance Company Page 2 9177 E. Mineral Circle, Centennial, CO 80112 Homeowner Package ;BUREAU Policy Declaration ' INSURANCE Effective 03/15/2012 y Pollo P' ®rood , 3� 3 �F 3N •? PolI Numbe ` � s rR ifi . s 3 3 a . ra ,€ p[ } �' H0545203 -4 03/15/2012 I 03/15/2013 12:01 a.m. Standard Time 1004304 NAMED INSURED. APID�AD'DRESS Fi ,. a AG ENT _ ., ASCENCION MOLINA ROBERT KEIFFER 425 S IOLA AVE 2099 US HIGHWAY 50, SUITE 100A PUEBLO, CO 81001 PUEBLO, CO 81006 Phone: (719) 583 -0552 075 - 701 The following discounts have been applied to your policy: Item No. Discount Description 1 Valued Customer Discount 1 Adult at Home Additional Interests Mortgagee Item No. Loan Number COLORADO EAST BANK & TRUST 1 12- 199241 -51 1515 FORTINO BLVD PUEBLO, CO 81008 -1664 02/03/2012 5064656 Colorado Farm Bureau Mutual Insurance Company Page 3 9177 E. Mineral Circle, Centennial, CO 80112