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HomeMy WebLinkAbout12793RESOLUTION NO. 12793 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO KONCILJA AND KONCILJA, P.C., FOR THE USE OF THE PUBLIC RIGHT-OF-WAY IN THE ALLEYWAY BETWEEN THE 300 BLOCK OF SOUTH UNION AVENUE AND THE 300 BLOCK OF VICTORIA AVENUE FOR PLACEMENT OF ELECTRIC ART BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Koncilja and Koncilja, P.C., for the use of the public right-of-way in the alleyway between the 300 block of South Union and the 300 block of Victoria Avenue for the placement of electric art. 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: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 23, 2013 AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO KONCILJA AND KONCILJA, P.C., FOR THE USE OF THE PUBLIC RIGHT-OF-WAY IN THE ALLEYWAY BETWEEN THE 300 BLOCK OF SOUTH UNION AVENUE AND THE 300 BLOCK OF VICTORIA AVENUE FOR PLACEMENT OF ELECTRIC ART ISSUE Should City Council issue a Revocable Permit to Koncilja and Koncilja, P.C., for the use of the public right-of-way located in the alleyway between the 300 block of South Union and the 300 block of Victoria Avenue for the placement of electric art? RECOMMENDATION The Revocable Permit Review Committee recommends that City Council approve this Resolution. BACKGROUND Koncilja and Koncilja, P.C. would like to install and maintain decorative neon signs in the alleyway between the 300 block of South Union Avenue and the 300 block of Victoria Avenue. Koncilja and Koncilja, P.C. has been working with the Historic Preservation Commission and has received approval for the placement for the first eight (8) signs. The remaining signs will be placed after gauging the reaction and ascertaining any problems which may result from the placement of the signs. The location of the signs will have no impact on the traffic flow or emergency access through the alley. 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: Koncilja and Koncilja, P.C., The Arcadia Building, 125 West B Street, Pueblo, CO 81003, (719)543 -9591 2. Permitted Area: Alleyway between the 300 block of South Union Avenue and the 300 block of Victoria Avenue. 3. Purpose of Revocable Permit: Neon Art Placement 4. Authorized Improvements: 5. Commencement Date: September 23 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 coznsent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA - 7/22/03 (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 Pennittee, 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) . PERMITTEE: Organiza on: K $ N ��• & „IKON' P . C P.C. By: �— Title : ' '� SIDENT STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. / The fore:ping wi" a s �, t was acknowledged before me the ' '� day of S.0 p : -.e #n Oe i" , 20 / 3 by o � `t G as ere, S 1 � e.,04 01' �^)Gi I 1 "'UGi i ct PC My /Vommission expires: / 0 U/ 1/4- , • • [ `,EAL] Not dir APPR 3 , ED this day of TC.r.". I% , 20 13 . ` a ' • BLO unicipal Co I - tion — . City Council CA – 4/6/10 KONCILJA AND KONCILJA, P.C. Attorneys at Law The Arcadia Building • 125 W. "B" Street • Pueblo, Colorado 81003 (719) 543 -9591 • Fax (719) 543 -0247 Joseph A. Koncilja James R. Koncilja City Council of Pueblo City Hall Pueblo, CO 81003 Re: Letter of Intent for placement of electric art in the alleyway between the 300 block of South Union and the 300 block of Victoria Avenue Ladies and Gentlemen: For a number of years my brother and I have been collecting vintage neon signs in an effort to create an attraction which we have described as "The largest assembly of neon art west of the Las Vegas strip and East of Times Square ". It is our intention to have these neon pieces displayed in the alleyway between the 300 block of South Union and the 300 block of Victoria Avenue, on property either owned by us or with consent of adjoining property owners We are seeking a revocable permit to begin the display with eight (8) signs and agree to work in coordination with a designee from the Historic Preservation Commission, (Wayne Broadhead). I have already received approval for the placement of the first eight (8) signs from the Historic Preservation Commission. The reason for the staged placement is to gauge the reaction and to ascertain problems which might be occasioned as a result of this effort. It ultimately would be our intention to span the alleyway twenty (20) feet above the surface so as to create a three dimensional array with pieces of the art placed at different heights. I have almost 100 pieces. The placement of the signs would have no impact on traffic flow or emergency access through the alley itself. Virtually all of the buildings where the signs would be placed are owned by my brother and myself or by a few other property owners in the area, all of whom have verbally indicated their overwhelming support of the idea. Once again, the initial request for the revocable permit is to see how the placement of the signs would look and function in the alleyway. It is our belief that this display would create an attraction that would have an appeal to a crowd larger than just the citizens of Pueblo. It also would create a linkage between the Riverwalk and the Union Station. City Council of Pueblo Page 2 Your approval of this request would be greatly appreciated as I think it is a project with many great ramifications for the City of Pueblo and could ultimately be a national attraction. We look forward to working in a collaborative fashion with all involved. Sinc ely, .:-- f ^ _... 7 _,, , JOSEPH A. KONCIL JAK:jj Client #: 161347 JOSEKONC ACOR ®TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD /YYYY) 8/29/2013 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(ies) 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 Brooke Beck - NAME: HUB International Ins Svcs Inc PHONE 719. 546 -6824 FAX 866 - 290 -9290 (A /C, No, Ext): (NC, No): 1414 W 4th St E-MAIL brooke .beck @hubinternational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIC # Pueblo, CO 81002 INSURER A Travelers Property Casualty Ins 36161 • INSURED INSURER B : Travelers Indemnity Company 25658 Joseph A Koncilja & James R Koncilja INSURER C : Koncilja & Koncilja PC, K &K IV LLC, K &K V LLC Koncilja &Koncilja 401k;125 W B St INSURER D: INSURER E : Pueblo, CO 81003 INSURER F CA Resident License #0757776 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 TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM /DD /YYYY) (MM /DD/YYYY) A GENERAL LIABILITY 1680516M1939C0F12 11/14/2012 11/14/2013 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY JE -- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) . $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS HIRED AUTOS AUUTOSWNED (err a cident) AMAGE $ $ B X UMBRELLALIAB X occuR CUP2630Y56A1142 11/14/2012 11/14/2013 EACH OCCURRENCE $1,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE $1,000,000 DED X RETENTION$5000 $ WORKERS COMPENSATION WC STATU OTH- AND EMPLOYERS' LIABILITY Y / N TORY I WITS ER OFFICER/MEMBER NPRI OR PARLNERD E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE 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: Verification of General Liability Insurance wth respects to Building Owners Vintage Signs CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 City Hall Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2403738/M1930633 SB04