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HomeMy WebLinkAbout12586RESOLUTION NO. 12586 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO D AND P FAMILY, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 2147 WEST US HIGHWAY 50 TO ALLOW FOR THE INSTALLATION OF LIGHT POLES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to D and P Family, LLC for the use of the right-of-way located at 2147 West US Highway 50 to allow for the installation of light poles. 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-4 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO D AND P FAMILY, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 2147 WEST US HIGHWAY 50 TO ALLOW FOR THE INSTALLATION OF LIGHT POLES ISSUE Should City Council issue a Revocable Permit to D and P Family, LLC for the use of the right-of-way at 2147 West US Highway 50? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Applicant is requesting permission to install light poles in the right-of-way to be utilized for site lighting. 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: D and P Family, LLC, 2147 West US Highway 50, Pueblo, CO 81008, (719)671 -1373 2. Permitted Area: 2147 West US Highway 50 3. Purpose of Revocable Permit: Light Poles 4. Authorized Improvements: 5. Commencement Date: February 11, 2013 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). (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. eh in Pueblo, Colorado this day of Cind7A,LCUYI , 20 / 7 j . PERMITTEE: Organization: 0, e BY: ,►— e: t,r STATE OF COLORADO ) COUNTY OF PUEBLO ) Ss. The_foregoing instrument was acknowledged before me the ay of (, j ,(,Cc_Y , 20 / by P "tx vvt i Lv ,Lk L' as DC A .n % e C -E Z %e x c (,. My colnmissiin expires: /(J 9 (/ • `S E A L J : 4! 'ublic c:PPROE? this 11th day of February , 20 13 . PUEBLO unicipal • o .o atio By V =r+ qty Council CA — 4/6/10 Aztec Drive 0 wv --------- - -._.. ✓' cen terline ------------ - - - -- l - -- :: N 893857M' 220.17 l4�lifG i 1 0.00 1 0.26 g +I O asphalt a III a h light pole III O 2.9t £o /PL overha $ I t o z °» ed t y I t, 1 40.1'1- LO �os°te LO g L e o 6 standard parking spaces Q CD 150.p0' chain link /enc 150.2 I 600.26. _._._._.�_. aK u Q guard 0I its .C.1 light • • M� + a; I 2.7f Eo /PL ji Ci A. 6 � 1I v t Pueblo Dodge -.' 5 2 147 Hwy West E 14806 00 sq.,, ft .' , ' , • 69.9' # III II � O 0•441/4/1/4 g ;►I W1 ` .30 WW1 • y i,, o • 1IIIIh I/IIIIIh ot 6 light pole II o ea . i I IIIIIIIIIIIIIII �vsrod concrete' CO display area (outdoors) concrete $ a asphalt b y� 1 1 I r 1 concrete '� fJ How en d a ft - lion ?O' Pub /!c ut!/!y easernen __'__'__ t and d rb/no �-- 9e event �-_'_,_ I D4 • S'• / •/' /9'h� 0 30' 60' ,20' y O. 5p 1 ... ' i ir West SCALE: 1" = 60' DATE. Jan 14, 2013 ,,, Pueblo Dodge Chrysler Jeep Ram DVVN BY: JDC h t, , s - - " CHRISMAN ENGINEERING, INC. Forensic o Civil 0 Structural y N y 4 T ;, EXHIBIT 'A' January 24, 2013 City of Pueblo — Department of Public Works 211 E. 'D' Street Pueblo, Colorado 81003 RE: Application for Revocable Permit Pueblo Dodge Chrysler Jeep Ram 2147 US Highway 50 W. Pueblo, Colorado To Whom It May Concern: Pueblo Chrysler Dodge Jeep Ram, located at 2147 US Highway 50 West, is proposing to remodel and renovate the existing dealership building and install new site amenities. Through the Commercial Site Plan Review process it was discovered that three (3) existing light poles along Westroads Avenue are private poles that are located in the right -of -way. The light poles were installed during the original building construction in the late 1980's and are powered through the private electric service on the property. All three poles are Tess than three (3) feet into the right -of -way (2.6', 2.7', and 2.9') and are located between the property line and back of sidewalk out of the pedestrian and vehicle travel ways. D +P Family, LLC, the current property owner, is requested an indefinite revocable permit to allow the three (3) existing light poles to remain in place. The poles will be utilized for site lighting. We appreciate your consideration of this application. If you have any questions or require any additional information please do not hesitate to contact me at your convenience. Sincerely, CHRISMAN ENGINEERING, INC. --- )L 44 ,_ Joh . Chrisman, P.E. Principal Engineer P.O. Box 8564 • Pueblo, Colorado 81oo8 Voice: 719 924 0012 0 Email: jchrisman.jdc @gmail.com f ' ® " CERTIFICATE OF LIABILITY INSURANCE DAT /28/20 3 YY) 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 CERTICATE HOLDER. IMPORTANT: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(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 Zurich N.A. - Account Service Center Zurich, Account Service Center NAME: 7045 College Blvd. (A/C No. EXT): 877- 225 -5276 1 A No): 868- 734.6776 Overland Park, KS 66211 E -MAIL service.center@zurichna.com Fax: 888 - 734 -6776 Ph: 877 - 225 -5276 Opt. 1 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED 013565300 INSURER A: Universal Underwriters Insurance Company 41181 CSI MOTORS, INC. DBA PUEBLO DODGE INSURER B: Universal Underwriters of Texas Ins. Co. 40843 CHYRSLER JEEP INSURER C: 2147 HWY 50 W INSURER D: PUEBLO, CO 81008 INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 ADD'L 3UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR prcRn (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY ® ❑ EACH OCCURENCE $300,000 ® COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ ❑❑ CLAIMS MADE E OCCUR MED EXP (Any one person) $ ' ❑ - 295848C 07 -01 -2012 07 - 01 - 2013 PERSONAL & ADV INJURY $ ❑ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY El PROJECT ❑ LOC PRODUCTS - COMP /OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $300,000 A ® ❑ (Ea Accident) ® ANY AUTO BODILY INJURY (Per person) $ ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS 295848C 07 -01 -2012 07 -01 -2013 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ ® HIRED AUTOS (Per acddent) ® NON -OWNED AUTOS $ COMP /nn11 11FD S / $ A ❑ UMBRELLA LIAR ® OCCUR ❑ ❑ EACH OCCURRENCE $ 5,000,000 EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ 295848C 07 -01 -2012 07 -01 -2013 PRODUCTS - COMP/OP AGG $ ❑ DEDUCTIBLE El RETENTION $,Q $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS' LIABILITY ❑ TORY LIMITS ❑ ER ANY PROPRIETOR/PARTNER/EXECUTNE Y/ N OFFICER/MEMBER EXCLUDED? ID / A ❑ E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ : If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT s I A GARAGE LIABILITY ® ❑ 295848C 07 -01 -2012 07 -01 -2013 OTHER THAN AUTO ONLY $ 300,000 EACH ACC: ANY AUTO A CUSTOMER AUTO -LEGAL LIABILITY ❑ ❑ 295848C 07 -01 -2012 07 -01 -2013 $ 18,156,000 Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 11 more apace Is required) Reason for Certificate: General Liability. 30 day notice of cancellation applies, except for cancellation due to non - payment of premium. I , SPA Additinnal Remarks Snharfule Attached CERTIFICATE HOLDER CANCELLATION CITY OF PUEBLO- DEPARTMENT OF PUBLIC WORKS i 211 E. D STREET SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUEBLO, CO 81003 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1416 w ; S ®1988 -2010 ACORD CORPORATION, All rights reserved ACORD 25 (2010 /05) The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ® 1988 -2010 ACORD CORPORATION, All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 013585300 LOC #: r ADDITIONAL REMARKS SCHEDULE Page 3_of 3_ AGENCY NAMED INSURED Zurich, Account Service Center CSI MOTORS, INC. DBA PUEBLO DODGE POLICY NUMBER CHYRSLER JEEP 295848C 2147 HWY 50 W PUEBLO, CO 81008 CARRIER NAIC CODE Universal Underwriters Insurance Company 41181 EFFECTIVE DATE; 07 -01 -2012 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate Of Liability Insurance D &P Family, LLC are named as an Additional Insured with respect to location: 2147 HWY 50 W PUEBLO, CO 81008 -Loc 3. Certificate Holder is named as an Additional Insured. CSI MOTORS, INC. DBA PUEBLO DODGE CHYRSLER JEEP's Unicover Policy carries liability limits of $300,000 underlying along with a $5M Commercial Umbrella for a total (lability limit of $5.3M per occurrence. ACORD 101 (2008/01) © 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD