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HomeMy WebLinkAbout12594 RESOLUTION NO. 12594 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO DKR PROPERTIES, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 418 TH WEST 12 STREET 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 to DKR Properties, th LLC for the use of the right-of-way located at 418 West 12 Street 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: February 25, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: FEBRUARY 25, 2013 AGENDA ITEM # M-5 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO DKR PROPERTIES, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 418 TH WEST 12 STREET TO ALLOW FOR THE INSTALLATION OF AN ADVERTISING SIGN ISSUE Should City Council issue a Revocable Permit to DKR Properties, LLC for the use of th the right-of-way at 418 West 12 Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Applicant is requesting permission to install a sign in the right-of-way that brings higher visibility to the businesses contained within the building owned by DKR Properties, LLC. 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: DKR Properties, LLC, 418 West 12` Street, Pueblo, CO 81003, (719)240-6241 2. Permitted Area: 418 West 12` Street, Pueblo, CO 81003 3. Purpose of Revocable Permit: Informational Sign 4. Authorized Improvements: 5. Commencement Date: February 25 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). (I) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all ' ° ti 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 Q , 20 43 . PERMITTEE: U Organizati . n: avt• L _ _ III Title: 0 t .4," 1 STATE OF COLORADO) ss ' COUNTY OF PUEBLO ) .. The foregoing instrument was acknowledged before me the (Thb " day of (♦ Q ,,./0AJ., ' 20 (J by ,2)PXt JLO k r a-12 ( as v �O My commission expir GZ/) q I) /3 OTARY\ Ai / r A [SEAL] l ....VI No : ry Public - u s ■ O� APPROVED this 25th day of February , 2013. T F _ OC\ PUEB e, a ■ crp • o ration By Pres ity Council CA — 4/6/10 - / \ LAND TITLE GUARANTEE COMPANY ORDER NO. PB35025199 y 42.4 ' (P) \ 9SA F j s tiyT , I \ 4/0 1■ eCi s tri -6) ea 22.1 ' °o Lo lo \ I 9.5 04, i° NN \ LEGAL DESCRIPTION n FRACTIONAL LOT 2, ALL OF a. �\ \.\ o �t p\ \,� LOT 3, IN BLOCK 4, NORTH F�.\�,S J PUEBLO, STATE OF COLORADO. O GC ALSO PORTION OF VACATED In 0\ ELIZABETH STREET ADJACENT THERETO AS VACATED BY 1')j / ^ 31.6' ir___, ORDINANCE NO. 1173 "n RECORDED JANUARY 18, 1955 - IN BOOK 1256 AT PAGE 300, COUNTY OF PUEBLO, STATE OF tri COLORADO. 1 42.4' NOTE; (_ POSITIONAL TOLERANCE SIDEWAL IS 1 (ONE) FOOT 1 F- (P) = PLATTED DISTANCE P =WATER METER CURB & GUTTER `�T = UTILITY POLE I \ =SIGN ( Q \ 1 IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR VECTRA BANK, THAT IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL ON THIS DATE, AUGUST 26, 2010, EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCR /BED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APP' {,• ,,,"•• ° "', •.•,• OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID P.,.O .JO , Es 4 , I NOT . STAMP BY 1 �i/ 11iii ,'4 ...0 m b 7 --A11.4/ . ' 7 s �� IIL LAM - ° .a5socaeS,iNa Drawn By: RL IMPROVEMENT LOCATION CERTIFICATE CML 8 GEOMATICS ENGNEENING WUIUIU� 5/7WESTSTNSTNEET,STEIM Checked By: Ia 2628 N. ELIZABETH STREET L E V E R I'N G T 0 N T , P1 5 , ° ;, ° , N "�„ D0 5 , ° 07, ) , Date:26AUG2010 A.P.N. 524405005 &ASSOCIATES N LEVERINGTONASSOC MES. 5 /e: 1 " =20' PUEBLO, COLORADO February 5, 2012 City of Pueblo, Colorado Public Works Department — Engineering Division 211 E. D Street Pueblo, CO 81003 To Whom It May Concern: This letter is to accompany our permit request from David Ritterling of DKR Properties, to erect a thoughtful and compliant sign in front of our commercial property located at 2628 Elizabeth, to bring a higher visibility to the businesses contained with -in. We thank you in advance for your consideration. Should you need any further information please don't hesitate to call us direct at the numbers listed below. Sincerely, Lisa Prigmore Property Manager 719 - 242 -7074 David Ritterling Property Owner 719 - 240 -6241 Client#: 171986 VISIANGE ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DD/YYYY) 2/13/2013 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 Teri B o rgstedt HUB International Ins Svcs Inc PHONE 719 546 -6837 FAx 866- 908 -2103 (A/C, No, Ext): (A/C, No): 1414 W 4th St E-MAIL t stedt hubinternational.com P.O. Box 58 ADDRESS or g Pueblo, CO 81002 SECUR INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: A Insurance Companies INSURED INSURERB: Pinnacol Assurance Company 41190 DKR Properties, LLC Angel Care Inc DBA INSURER C INSURER D : 418W12thSt Pueblo, CO 81003 INSURER E INSURER F : CA License #0757776 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM /DDIYYYY) (MM /DD/YYYY) LIMRTS A GENERAL LIABILITY X 20CP0031882182 02/01/2013 02/01/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY pREMIgE (Ee nce) $100,000 CLAIMS -MADE I X OCCUR MED EXP (Any one person) $5,000 _ PERSONAL & ADV INJURY $1,000,000 _ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY PRO n JECT LOC $ A AUTOMOBILE LIABILITY CA3202139 02/01/2013 02/01/2014 C Ea acdde OMBINED n0 $ , S INGLE LIMIT 1,000 000 ( X ANY AUTO BODILY INJURY (Per person) $ — ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X 010-OWNED Per acci ent) DAMAGE $ $ A x UMBRELLA LIAB X OCCUR CU3202140 02/01/2013 02/01/2014 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 DED XI RETENTION $10,000 $ B WORKERS COMPENSATION 4111378 02/01/2013 02/01/2014 X inRVt I I VR AND EMPLOYERS' LIABILFY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below - E.L. DISEASE - POLICY LIMIT $500,000 A Professional 20CP0031882182 02/01/2013 02/01/2014 1,000,000/2,000,000 • DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Pueblo is additional insured as respects to General Liability. CERTIFICATE HOLDER CANCELLATION ANY OF City of Pueblo THE SHOULD EXPIRATION H DATE V T EREOF NOTICE POLICIES CANCEL DEL VERED P 0 Box 1427 ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81002 AUTHO IZ Z , E � D REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2087872/M2078904 DCO2