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Home My WebLink About12693 Background Paper for Proposed RESOLUTION DATE: JUNE 10, 2013 AGENDA ITEM # M-10 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO MARK JOHNSON FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1037 EAST TH 12 STREET FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Mark Johnson for the use of the right- th of-way at 1037 East 12 Street to install a fence? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND th Mark Johnson lives at the intersection of East 12 Street and North Joplin Avenue which experiences high traffic. He is requesting permission to install a fence in the right- of-way to allow for privacy and security. FINANCIAL IMPACT None. RESOLUTION NO. 12693 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO MARK JOHNSON FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1037 EAST TH 12 STREET 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 Mark Johnson for th the use of the right-of-way located at 1037 East 12 Street 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: June 10, 2013 BY: Ami Nawrocki 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: Mark Johnson, 1037 E 12` Street, Pueblo, CO 81001 (No Phone) 2. Permitted Area: 1037 E 12` Street 3. Purpose of Revocable Permit: Fence in Right -of -Way 4. Authorized Improvements: 5. Commencement Date: June 0 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) lf 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 (1) 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 r tir) day of N l , 20 9 . PERMITTEE: Organization: By: / e,,f p U/ Title: 07't r STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. -�-� 1r� l The foregoing instrument was acknowledged before me the 1 day of t" 1(XJv1 , 20 3 by tAa ( k S. < )Q1'1 Y11S6n as 40 rYl'EOw Y1-P,- 1 • My-commission expires: o2 I a 3 In • 6 d■ CIL V A-414-21--6Lip S,E A L l- �� Notary Public APPROVED this -- 10th day of June , 201 3 • '0" orporation =i of the City Council CA - 4/6/10 .1,,, 'IL. "S‘ Cr......tt te. 6 cp --,. cr-- ,....... E ..o c - a C ,..‘ , - ( I , < 7. -a --.--, 9.. , 4 0 , c x - c S a o (l a - - - , _ CM _ M 0 _ ---4 1— I > .... 1 1 1 I › X , 1 2 z 0 __, H r- ■ i o m c 1 a ir. g 23 ...\\ W I r _a 7 r .9 0 _, PrOnedy tiCiP \ _,C) 0 Er F 0 0 - . ‘.- —1 s..m-, ■-•., ' \ — (,..a Fp' 7- , .. . 1 5 ' i' 'Z' ‘ \ *""••••• -- 0 .... ■..-.1 1 0 Z Z JOPLIN AVENUE ...-; ...'-;. E 5 0 CD 0 X r— ei cu, r) M 0 F 5 1 cu 3 a a M 0 M fr 2 --t1 0 I Ft X M C C. ECt H i 0 -- 4 0 Z 7 - : dth-f / / /../fat-7 v ,s(ka--/ P _. c- 'ex" ( N/1% ,- / / a•-t(------ Marls Johnson Basic Policy Information Policy #: 0850046634386 Term: 05/04/2013 - 05/04/2014 Tran Date: 05/04/2013 Tran Type: Renew policy Tran Description: DNLD /Renew policy Policy Type: Homeowners Business Unit: Division: The Ahbe Group Department: Will Bratina Insurance Primary Service Group: Account Executive: Will Bratina Insurance, willb r:tina @msn.com Account Representative: Employee Default Parent Company: American Modern Home Ins Writing Company: G.U.I.C. Bill Method /Pay Plan: Direct bill First Named Insured Name: MARK JOHNSON Firm Name: DBA: Dec Name: MARK JOHNSON Address: 1037 E 12TH ST PUEBLO CO 810013018 Business: Residence: (817)966 -7368 Cell: Fax: Email: nameofthelord777 @yahoo.com Coinsured Name Bus Phone Res Phone JOHNSON Location Information Loc #0001: 1037 E 12TH ST, PUEBLO, CO, 81001 -3018 Additional Interests Name Type Address Phone Fax Email Interest In Payor I nan /Ref # Description Rank STEVEN C. Mortgagee5425 NATURE Loc #0001 1ARK ' 01 ELLER GLORIA CENTER ROAD, )HNSON G. ELLER PUEBLO, CO, 81003 Remarks THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. IN CP E OF LOSS UNDER SPECIAL FORM IHO -10, WE COVER ONLY THAT PART OF THE LOSS OVER THE DEDUCTIBLE STA7 : 0. * ** *THIS POLICY DOES NOT INCLUDE FLOOD COVERAGE. * * ** * ** *THIS POLICY DOES NOT INCLUDE EARTH M :1VEMENT AND EARTHQUAKE COVERAGE. * * ** "LIMITS FOR SPECIFIC OTHER STRUCTURES APPEAR ON APPLICATION * UNLESS OTHER COVERAGE DEDUCTIBLES ARE STATED HEREIN SECT ITEM COVERAGE DESCRIPTION LIMIT PREMII. '1 MATURITY DISCOUNT DEADBOLTS, SMOKE ALARM AND FIREEXTINGUISHER CREDIT; ST000, 11/07; STA05, CI /07; ST500, 06/05; STL00, 06/01; STS00, 08/06; IN614, 09/06; STDOO, 06/09; 72935, 02/06; ST700, 01/04; STW1 10, 04/09; 72670, 10/06; IN142, 03/08 Lines of Business Homeowners, Primary Location Loc #0001: 1037 E 12TH ST, PUEBLO, CO, 81001 -3018 Basic Coverages Form Type: 1, Basic ''orm All Peril Wind /Hai Theft Coverage Limit Type /Amt Dwelling Type /Am I Type /Amt 80,000 500 1000 Loss of use 8,000 Medical payments 1,000 Other structures 30,000 Personal liability 300,000 Personal property 32,000 Endorsements Coverage Limit 1 Limit 2 Dnd Type /Amt Additional premises liability ext Animal Liability Sub -Limit 10,000 DAMAGE TO PROP OF OTHERS 500 Deductible adjustment 500 Full value replacement cost Full value replacement cost M EDAG 10,000 Personal prop replacement cost Water backup of sewers & drains Wind and Hail Deductible 1f: ;0 Underwriting Information Year Built: Construction Type: Frame Structure: Dwelling Protection Year Class: Occup Usage: Purchase Purchi +,:e Date: Price: Dwelling Loc: Date Inspected: Markel Value: Occupancy: Roof Material: Replan :,:ment Cost: Primary Heat: Secondary Oil Ste - age: Heat: Foundation: Housekeeping: Wind CI'ass: Sprinkler: Storm Shutters: Rating Information Square Ground Floor Perime : er Footage: Area: Linear I' I :•: # of Stories: # in # Famil es: 1 Household: # of Rooms: # of Apts: # Rented; Territory 72 Pers Liab Terr: Code: Tax Coy: e: Fire District: District Code: # Unity !'ire Div: Miles Fire 5 Feet to # Fire 1,000 Stet: Hydrant: Divisioi ' Fire Prem EC Prem Group: Group: Fire/EC hate: Building Code: Place Code: Visible Ili Neighly r: Fire Swimming Occupkid Extinguisher: Pool: Daily: Smoke State Detector: Diving Board: Require cents: Deadbolt: Improv +; :I Prot Class: Rate Method: Renovation Updates Protection Device Wiring: Burglar: Plumbing: Smoke: Heating: Fire: Roofing: Temp: