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Home My WebLink About12777RESOLUTION NO. 12777 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SHERRYANNE FLORES FOR THE USE OF RIGHT-OF-WAY AT 1639 JACKSON AVENUE 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 Sherryanne Flores for the use of the right-of-way located at 1639 Jackson Avenue 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: September 9, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 9, 2013 AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO SHERRYANNE FLORES FOR THE USE OF RIGHT-OF-WAY AT 1639 JACKSON AVENUE FOR THE PURPOSE OF INSTALLING A FENCE ISSUE Should City Council issue a Revocable Permit to Sherryanne Flores for the use of the right-of-way located at 1639 Jackson Avenue? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Sherryanne Flores has requested the use of the right-a-way located at 1639 Jackson Avenue for the purpose of installing a fence in the right-of-way to create a safe play area for children and recreational vehicle storage. 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: Sherryanne Flores 2. Permitted Area: 1639 Jackson Avenue 3. Purpose of Revocable Permit: installing a fence 4. Authorized Improvements: 5. Commencement Date: September 9 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). (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 026 day of A'b , 20 /- . PERMITTEE: Organization: f' BY: i A � L.i19 J-4 -t-, (') t).) n e r Title: T1bfl1•L&.,)■(\ STATE OF COLORADO ) COUN'I"V ..(ft,,L'BLO ) ss.. " hetftiregoing` t ent was acknowledged before me the ago day of , 20 /if by * safe ; Ir as My i;op ssioki x res ' _34 G��o?0?��7' [ >41,4-6o4-I G ova otary Public APPROVED this 9th day of September , 20 13 ' d BLO, : Municipal ■ •oration - sident of the City Council CA - 4/6/10 /* iNn } 4 a 4 1'4 na I .■■• tv 6 31FV • ,,, . _ __ _w o_u•.\. d h_ (. e. _- _ - -__ _ c - X e_a d _. � Z_ ' __ 0..U. r_ _ '-re ce.__e_o- ... ___�n.or_e _ .__ _ v C_ ), _'__ l.eQ__....._ __��.._ ._ , Q - c - e e ._ ko` u e _._ .o U.r in _p li e. L .. _ I t__vi_ . w __ .: _..__ • f . h_ u S_ _ c Ls o__ - 'u.r_ rv_ p e r-1 y__ ._5 . ___ 0 Page 7 of 24 • California Casualty Horne Office: San Mateo, CA For questions on your policy or to report a loss, call 1- 800 - 800 -9410 Coverage provided by: CALIFORNIA CASUALTY INDEMNITY EXCHANGE HOMEOWNERS POLICY DECLARATIONS Your policy is billed annually. Billing information RENEWAL will be mailed separately. NAMED INSURED(S): POLICY NUMBER: POLICY PERIOD: FLORES, SHERRY 202 7245472 Effective 01/21/13 Expiration 01/21/14 1639 JACKSON ST 12:01 A.M. Standard Time at the PUEBLO CO 81004 location of the property insured THE RESIDENCE PREMISES COVERED BY THIS POLICY IS LOCATED AT: 1639 JACKSON ST PUEBLO CO 81004 FIRST MORTGAGEE: LOAN # 812412 COLORADO HOUSING AND FINANCE A ITS SUCCESSORS AND /OR ASSIGNS PO BOX 391125 SOLON OH 44139 RATING INFORMATION: Automatic Value -Up at Renewal, Frame, Primary Residence, Protection Class 03, Territory MR, 1042 Square Feet, 1 Family. DEDUCTIBLE: $1,000 Section I Loss Deductible Coverage is provided only where a limit of liability is shown or a premium is stated. SECTION I PROPERTY LIMIT OF LIABILITY PREMIUMS Coverage A - Dwelling $ 147,000 $ 916.00 Coverage B - Other Structures $ 14,700 Included Coverage C - Personal Property $ 73,500 Included Coverage D - Loss of Use $ 44,100 Included SECTION II LIABILITY Coverage E - Personal Liability $ 100,000 Each Occurrence Included Coverage F - Medical Payments to Others $ 1,000 Each Person Included • ADDITIONAL COVERAGES H00420 Specified Additional Amount of Insurance for Coverage A - Dwelling $ 43.00 H00427 Limited Fungi, Wet or Dry Rot, or Bacteria Coverage Included H00448 Other Structures on the Residence Premises Increased Limits $ 38.00 TOTAL POLICY PREMIUM $ 997.00 UP1144 (11/10) INSURED COPY 12/03/12 Page: 1 of 2 17.1.1448 3 MB 1.070 24939F11.ps 337917162 4 -12 Page 8 of 24 0 California Casualty For questions on your policy or to report a loss, call 1- 800 - 800 -9410 Home Office: San Mateo, CA Coverage provided by: CALIFORNIA CASUALTY INDEMNITY EXCHANGE The following discounted factors have been applied to your policy: Auto -Home Discount Persistency (Loyalty) Rating Utility Rating Plan Discount Roof Discount - Age Home Alert Protection Complete smoke /fire and burglar alarm Non - Smoker Discount Your Property policy consists of the Declarations and documents listed below. Please keep this information for your records. H00530 1000 Functional Replacement Cost Loss Settlement HC0099 1000 Punitive Damages Exclusion HC0105 0502 Special Provisions - Colorado HCO289 1000 Amendment of Section I & II Exclusions Weapons of Mass Destruction HC0996 0802 Inflation Cost Endorsement H00003 1000 Homeowners 3 - Special Form H00416 1000 Premises Alarm or Fire Protection System H00496 1000 No Section II Liability Coverages for Home Day Care Business - Limited Section I H00420 1000 Specified Additional Amount of Insurance for Coverage A - Dwelling Additional Amount of Insurance is 25% H00427 0402 Limited Fungi, Wet or Dry Rot, or Bacteria Coverage Section I amount of coverage is $ 5000 Section II aggregate sublimit of liability is $ 5000 H00448 1000 Other Structures on the Resic,ence Premises Increased Limits Limit of liability is $ 15000 DETACHED GARAGE $10,000 AND CARPORT $5000 H00490 1000 Personal Property Replacement Cost Loss Settlement CM0092 1109 Educators Waiver of Premium Benefit HCO296 0410 Educators Advantage Endorsement Special Coverage Enhancements HCO297 0410 Educators Excess Liability Coverage HCO298 0107 Coverage Enhancements CFRMSIG 0612 Policy Signature Page UP1144 (11/10) INSURED COPY 12/03/12 Page: 2 of 2