Loading...
HomeMy WebLinkAbout12595RESOLUTION NO. 12595 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO VA, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 4776 EAGLERIDGE CIRCLE 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 Pueblo VA, LLC for the use of the right-of-way located at 4776 Eagleridge Circle 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 25, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: FEBRUARY 25, 2013 AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO VA, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 4776 EAGLERIDGE CIRCLE TO ALLOW FOR THE INSTALLATION OF LIGHT POLES ISSUE Should City Council issue a Revocable Permit to Pueblo VA, LLC for the use of the right-of-way at 4776 Eagleridge Circle? 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: Pueblo VA, LLC, 694 Grandview Lane, Lake Forest, IL, 60045, (847)482-0178 2. Permitted Area: 4776 Eagleridge Circle 3. Purpose of Revocable Permit: Light Poles 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 0 PUEBLO PUBLIC WORKS PAGE 03 1/22/2013 00:46 7195532294 (i) Permittee shall keep and maintain commercial general liability insurance , :overing the Permitted Area and Improvements in amounts not less than $1,000,000.00 combined single limits per oci,utrcnce and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against Cir Ir. 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 lie protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the writ) i:m consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing sid 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 tie Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements ii; the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injur loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liai nility 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, (i) i) surrender or cancellation of the Permit in writing by Pennittee, (iv) automatic revocation as provided in paragraphs (h) sDd (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 i o 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 ]aim to such notice, hearing, and liability of the City. Signed in i10 Zol ride this 2 3 day of OCj one , 20 l 4Ir kefwrs1,taimi . �.. FTTE : _ • L G. G Organization: . • .r / I I BY / t i zs i . Title: /��ctrl p5_,..✓ STAT$ OF =tA,»� COUNTY OF T1&131,p ) as- I-4t4 The foregoing instrument was acknowledged before me the Z day of - aah r 2 0 t b (ata.,� 5c,,koeSG(� �1,� , 3 by W 1 as M.cw �cr e b(o, _ A' LL-C. My commission expires: F v . (-----• (SEAL] _:_J�/ o cry Public APPROVED this 25t ` da o f February 2013 . PLTE ' u . mon - CA - 4/6/J 0 • � e — City Connell . . � � TAYLOR HAUSMAN Nota Public, State of Illinois k My Commission Expires „" February 16, 2015 Pueblo VA LLC 694 Grandview Lane Lake Forest, IL 60045 847 482 0178 wschorsch @sbcglobal.net Letter of Intent for Revocable Permit: January 23, 2013 Pueblo VA LLC the Owner of 4776 Eagleridge Circle, Pueblo , CO 81008 hereby requests that 3 existing lightpoles, which we did not install, and were located by prior builder /owner, in the Right of Way be permitted to maintain their existing locations for the life of the building. Pueblo VA LLC y William Schorsch, Manager Client#: 85181 PUEBVA DATE (MMIDDIYYYI� A CORDTM CERTIFICATE OF LIABILITY INSURANCE 01/23/2013 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(les) 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 Jonathan Levin Select Business PHONE (NC, No, Ext): 312 595 - 6892 FAX (A/C, No): 312 595 -4340 Mesirow Insurance Services E -MAIL ADDRESS: I leVin mesirowfinancial.com 353 N. Clark Street Suite 1200 INSURER(S) AFFORDING COVERAGE NAIC # Chicago, IL 60654 INSURER A : North American Capacity Ins. Co 25038 INSURED INSURER B : Pueblo VA, LLC INSURER C : c/o WD Schorsch, LLC INSURER D : 694 Grandview Lane INSURER E : Lake Forest, IL 60045 INSURER F : 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 LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY PNG100166900 10/15/2012 10/15/201 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PEREMISES (Ea oNcaur once) $ 50,000 CLAIMS -MADE XI 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 ,JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS NON -OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE / N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 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: 4766 Eagelridge Circle, Pueblo, CO 81008 The City of Pueblo Colorado is an additional insured under the general liability policy as required by written contract with the named insured. A waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION ANY OF City of Pueblo Colorado THE SHOULD EXPIRATION DATE V THEREOF, E NOTTICE C BE C DELIVERED O N 210 East D Street ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE 1 .1291": A pfs.m..d+ -y-� © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1283244/M1216516 JLX