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HomeMy WebLinkAbout12740RESOLUTION NO. 12740 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SALLY LINCOLN FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 201 QUINCY STREET FOR THE PURPOSE OF INSTALLING A SANITARY SEWER SERVICE LINE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Sally Lincoln for the use of the right-of-way located at 201 Quincy Street for the purpose of installing a sanitary sewer service line. 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: July 22, 2013 BY: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: JULY 22, 2013 AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SALLY LINCOLN FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 201 QUINCY STREET FOR THE PURPOSE OF INSTALLING A SANITARY SEWER SERVICE LINE ISSUE Should City Council issue a Revocable Permit to Sally Lincoln for the use of the right-of- way located at 201 Quincy Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The sanitary sewer line that services the residence at 201 Quincy Street is blocked and most likely damaged. The line currently runs through an adjacent property; therefore it is inaccessible to make the necessary repairs. The property owner is requesting permission to reroute the service line to the street. 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: Sally Lincoln, 201 Quincy Street, Pueblo, CO 81004, (719)242 -6829 2. Permitted Area: 201 Quincy Street 3. Purpose of Revocable Permit: Sanitary Sewer Service Line 4. Authorized Improvements: 5. Commencement Date: July 22 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. (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 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 I �� day of 5l 1 , 20 13 . PERMITTEE: Organization By: O` Title: 4 V' .v STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. 54 The foregoing instrument was acknowledged before me the 1 day of \ U..(i11 , 20 15 by • p as A Y)ex . Y COfl ' .. '1Y I A ∎fie- NOTARY ?E OF PUBLIC 66.-k 010. Notary Public S E 11< lI9 COLO RADO NOTARY ID 20094005563 ', COMMISSION EXPIRES FED, 23, 2017 — APPROVED of July , 20 1 3 . _Th ---../ PU • : 0, . Municipal Co .... on By `._.. -- President of the City Council CA — 4/6/10 . 4 jiLl.1% �— ' . . _ . v.q. '''''W **:.;* ` . . •■, . . ‹i klk . \\r-- . . 4. .' �E s. j a . ....> O a 62.1°."."-"'"-'*""014 ^Ziarii-3, 4a J 4 _ ir- . 0 i , A r •., N v ... E . .. . �' - .:-$4.11k- - - 1'1 -- . - 2.-ai . _:., 1 • •-t . C (i ... ) A t - ... i..L l - Q E - • • i .., t ti • ; a g Q 4E 4; -Ill • A �.�I d i iNt N �: ... , ....,__) . , 1 ... c .....J i i; ,, • . 1 .,..i , .. .v.. , ., , , il co .1 4 \• •. i f j F ® 1 , . . _ ."-:X. . • - 3 q 1' • al _ . ILIIQIZI t l a Oi? ' ' *-1 el_ .. -y- , . . 66 <1 • m . , • F J TORRES-GARCIA EXCAVATING, LLC ®® 19 Starling Drive Pueblo, Colorado 81005 Phone 719 - 564 -1876 ® Fax 719 -564 -3600 June 12, 2013 City of Pueblo, Re: New sewer service installation for the property located at 408 W. Routt Av. To whom it may concern, Please except this document as our letter of intent, for the excavation to install a new sewer service line for the above mentioned property. The property at 408 W. Routt is "Utility Landlocked' from the alley where the City of Pueblo sewer main is located, at the present time the sewer service line is connected to and shared with the sewer service line behind the dwellings located at 410 W. Routt, 412 W. Routt and 416 W. Routt. This sewer service line is performing as a "private sewer main" with all properties responsible for maintenance and cleaning. Although the sewer line passes through the back of the property at 416 W. Routt, they have already abandoned their sewer line and have ran their own independent line to the sewer main. The remaining property owners do not have the financial ability to replace the line in its entirety, so the owner of the property for which this Revocable Permit application is submitted for needs to install her own line through the City of Pueblo Right of Way to ensure proper function of her sewer service. If you have any questions, please contact me on my cell phone at (719) 778 -8785 or at our office at (719) 564 -1876 Best Regards, Awe is - arcia Torr- arcia Excavating LLC CERTIFICATE OF LIABILITY INSURANCE American Family Insurance Company ❑ • American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madison, Wisconsin 53783 -0001 Insured's Name and Address Agent's Name, Address and Phone Number (Agt. /Dist.) Colony Lakes Llc Danette Trujillo (719) 583 -2070 201 Quincy St 516 N. Main Street Pueblo, CO 81004 Pueblo, CO 81003 (165/303) This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. COVERAGES This is to certify that 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. POLICY DATE TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY (Mo, Day, Yr) (Mo, Day, Yr) Homeowners/ Bodily Injury and Property Damage Mobilehomeowners Liability Each Occurrence $ ,000 Bodily Injury and Property Damage Boatowners Liability Each Occurrence $ ,000 Personal Umbrella Liability Bodily Injury and Property Damage Each Occurrence $ ,000 Farm Liability & Personal Liability Farm /Ranch Liability Each Occurrence $ ,000 Farm Employer's Liability Each Occurrence $ ,000 Workers Compensation and stawtory * * *ry *.+rrr Employers Liability t Each Accident $ ,000 Disease - Each Employee $ ,000 Disease - Policy Limit $ ,000 General Liability General Aggregate $ ,000 ❑ Commercial General Products - Completed Operations Aggregate $ ,000 Liability (occurrence) Personal and Advertising Injury $ .000 ❑ Each Occurrence $ ,000 ❑ Damage to Premises Rented to You $ ,000 Medical Expense (Any One Person) $ ,000 Each Occurrencet t $ 2,000 ,000 Businessowners Liability 05- XU0471 -01 -00 2/19/2013 2/19/2014 Aggregatett $ 4,000 ,000 Liquor Liability Common Cause Limit $ ,000 Aggregate Limit $ ,000 Automobile Liability Bodily Injury - Each Person $ ,000 ❑ Any Auto ❑ All Owned Autos Bodily Injury - Each Accident $ ,000 ❑ Scheduled Autos Property Damage $ ,000 ❑ Hired Auto ❑ Nonowned Autos Bodily Injury and Property Damage Combined $ ,000 Excess Liability ❑ Commercial Blanket Excess Each Occurrence /Aggregate $ ,000 0 Other (Miscellaneous Coverages) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / RESTRICTIONS / SPECIAL ITEMS t The individual or partners shown as insured Have ❑ Have not Ample Faintly Renal Properly Location address 408 W Noun Ave elected to be covered as employees under this policy. Pueblo. 00 81004 ttProducts- Completed Operations aggregate is equal to each occurrence limit and is included in policy aggregate. CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELLATION ❑ Should any of the above described policies be cancelled before the . City of Pueblo expiration date thereof, the company will endeavor to mail'( days) 1 City Hall Place written notice to the Certificate Holder named, but failure to mail such Pueblo, CO 81003 notice shall impose no obligation or liability f a n unless n th e comp its agents or representatives. 0 days of days shown. ® This certifies coverage on the date of issue only. The above described policies are subject to cancellation in conformity with their terms and by the laws of the state of issue. DATE ISSUED AUTHORIZED REPRESENTATIVE 6/11/2013 Danette Trujillo U -201 Ed. 5/00 Stock No. 06668 Rev. 7/02