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Home My WebLink About12789RESOLUTION NO. 12789 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO WILLIAM WILLS FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 201 LA VISTA ROAD FOR THE PURPOSE OF MAINTAINING A SHED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to William Wills for the use of the right-of-way located at 201 La Vista Road for the purpose of maintaining a shed. 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 23, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 23, 2013 AGENDA ITEM # M-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO WILLIAM WILLS FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 201 LA VISTA ROAD FOR THE PURPOSE OF MAINTAINING A SHED ISSUE Should City Council issue a Revocable Permit to William Wills for the use of the public right-of- way at 201 La Vista Road to maintain a shed? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND William Wills lives at 201 La Vista Road. He is requesting permission to maintain a shed in the right-of-way for privacy and security. 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: William Wills, 201 La Vista Road, Pueblo, Co 81005 2. Permitted Area: 201 La Vista Road, Pueblo, Co 81005 3. Purpose of Revocable Permit: Shed in Right -of -Way 4. Authorized Improvements: 5. Commencement Date: September 23, 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 A (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 / day of 20 Al . PERMITTEE: Organization: By: ,,. Title: 0 L4 11 tS STATE +OI?'C'OLOM2ADO) CQ iiil t 1IFPfd,EBLO ) ss " 7:4 'l#e,ioreger jstipment was acknowledged before me the 9 day of ' k��`iO , 20 Xe by 4 .,h e r 1 t � , / /( as � �/ti 1 99 iyIrArmufsiN0eIpl,*: ,/e24:2-//57 • 4 24 2 a Rotary Public APPROVED this D day of r , 20 13 . P . 0, . i mcipa a rpo : tion •y • ' 51141. 7 0 " the City Council CA — 4/6/10 V d 4 R •• ‘ “ity, J9 pb / � - 1 �r y� /- 6 , &oiliV 0 614o(L_ 9/9/13 Dear Sirs, I am requesting that you grant a revocable permit for my shed on 201 La Vista Rd. Pueblo Colorado 81005. This shed has been at the above house since we moved in back in 1994. It has recently come to my attention that part of this shed is on an easement for the city. There has never been an issue with the shed and we will move the shed at our cost if the city needs to use the easement. Thank ou, William Wills CENTRAL HOMEOWNERS POLICY DECLARATIONS INSURANCE COMPANIES CENTRAL MUTUAL INSURANCE COMPANY 7301 N STATE HWY 161 SUITE 320 IRVING, TEXAS 75039-2820 POLICY PERIOD AT ADDRESS REASON FOR TRESS DECLARATIONS$ POLICY NUMBER OF NAMED INSURED CHANGE MORTGAGEE FMH 3740532 FROM TO EFFECTIVE 04/22/2013 04/21/2013 04/21/2014 NO CHARGE 12:01 A.M. STANDARD TIME NAMED INSURED AGENCY (719)544 - 1111 WILLIAM WILLS CENTENNIAL INSURANCE AGCY LLC CHERYL B WILLS PO BOX 8210 201 LA VISTA RD PUEBLO CO 81008-8210 PUEBLO CO 81005 -2618 www.centennial- ins.com THE PREMISES COVERED BY THIS POLICY IS LOCATED AT THE ABOVE ADDRESS. RATING INFORMATION- MASONRY, CONSTRUCTED IN 1966, PRIMARY RESIDENCE, PROTECTION CLASS 03, TERRITORY 33, 1 FAMILY, FIRE DISTRICT PUEBLO. LOSS HISTORY FACTOR - 0.925, CUSTOMER LOYALTY FACTOR - 0.970. PAYMENT TIMELINESS FACTOR - 1.000. COVERAGE AT THE ABOVE DESCRIBED LOCATION IS PROVIDED ONLY WHERE A LIMIT OF LIABILITY IS SHOWN OR A PREMIUM IS STATED SECTION I COVERAGE LIMIT OF LIABILITY PREMIUMS A. DWELLING 8384,000 *1,911.00 B. OTHER STRUCTURES 838,400 C. PERSONAL PROPERTY *288,000 D. LOSS OF USE *115,200 SECTION II COVERAGE E. PERSONAL LIABILITY 8500,000 EACH OCCURRENCE F. MEDICAL PAYMENTS TO OTHERS 85,000 EACH PERSON 848.00 TOTAL BASIC PREMIUM - - - - - - - - - - - - - - - - - 81,959.00 ADDITIONAL PREMIUMS OPTIONAL DEDUCTIBLE 8115.000R PERSONAL PROPERTY REPLACEMENT COST 8144.00 AGE OF DWELLING 8417.000R DISCOUNT FOR PREMISES ALARM OR FIRE PROTECTIVE SYSTEM 8152.000R PLUS TEN ENDORSEMENT *30.00 IDENTITY RECOVERY COVERAGE *15.00 ORDINANCE OR LAW COVERAGE *57.00 SPECIFIED ADDITIONAL AMOUNT OF INSURANCE FOR COVERAGE A- DWELLING *30.00 WATER BACK UP AND SUMP DISCHARGE OVERFLOW *54.00 EQUIPMENT BREAKDOWN COVERAGE 825.00 TOTAL ADDITIONAL PREMIUMS 8329.0008 TOTAL OF BASIC AND ADDITIONAL PREMIUMS *1,630.00 DISCOUNT FOR INSURING BOTH YOUR AUTO AND HOME WITH US 8401.25CR TOTAL ANNUAL PREMIUM - - - - - - - - - - - - - - - - 81.228.75 PREV PREMIUM *1,228.75 CHANGE 6.00 CHANGE IN PREMIUM 8.00 MORTGAGEE - PAYOR LOAN NO 1078618503 JPMORGAN CHASE BANK NA ISAOA PO BOX 47020 ATLANTA, GA 30362 -0020 FORMS AND ENDORSEMENTS - H00003 10/00, 14-2499 10 /00, 14 -2843 03/02, H00496 10 /00. 20-1456 10 /00, 14 -1987 10 /00, 20 -1768 08/91, H01610 01/09, H00490 10 /00, H00416 10 /00, 14-2055 07/03, 14 -3121 11/07, H00477 10 /00, 14 -2712 10 /00, 14-2842 05/11, H00427 04/02, 14 -3225 11/08. 14- 1970 09/86 PAGE 001 of 002