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HomeMy WebLinkAbout12958 RESOLUTION NO. 12958 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BROADMOOR, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1 HAYHURST AVENUE FOR THE PURPOSE OF INSTALLING A LANDSCAPE BUFFER IN THE RIGHT-OF-WAY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Broadmoor, LLC for the use of the right-of-way located at 1 Hayhurst Avenue for the purpose of installing a Landscape Buffer. 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: May 12, 2014 BY: Chris Kaufman COUNCIL PERSON City Clerk’s Office Item # M-13 Background Paper for Proposed Resolution COUNCIL MEETING DATE: MAY 12, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BROADMOOR, LLC FOR THE USE OF THE RIGHT-OF-WAY LOCATED AT 1 HAYHURST AVENUE FOR THE PURPOSE OF INSTALLINGA LANDSCAPE BUFFER IN THE RIGHT-OF-WAY SUMMARY: Attached is an application for a revocable permit submitted by the Broadmoor, LLC for the installation of a landscape buffer in the public right-of-way at 1 Hayhurst Avenue. PREVIOUS COUNCIL ACTION: March 24, 2014 - AN ORDINANCE CHANGING ZONING RESTRICTIONS FOR A PARCEL OF LAND GENERALLY LOCATED ON HAYHURST AVENUE NORTH OF FARABAUGH LANE FROM B-3, HIGHWAY AND ARTERIAL BUSINESS DISTRICT TO BP, BUSINESSPARK DISTRICT BACKGROUND: The Broadmoor, LLC would like to install and maintain a landscape buffer in the right-of-way located at 1 Hayhurst Avenue. This will allow the owner to continue the development of his project to match the existing landscape design on lots 4 through 7. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission at their February 12, 2014 meeting voted 5-0 to recommend approval with Commissioner Burrer, Kaufman, and Latka were absent. The Revocable Permit Review Committee also recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will result in owner being unable to complete the project to match his existing landscape design. RECOMMENDATION: Approval of this Resolution. PROPOSED MOTION: Motion to approve the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map, P & Z Minutes 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: Broadmoor, LLC, 35 Pasadena Drive, Pueblo, CO 81005, (719)566 -1050 2. Permitted Area: 1 Hayhurst 3. Purpose of Revocable Permit: Landscape Buffer in the Public Right -of -Way 4. Authorized Improvements: 5. Commencement Date: May 12 2014 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 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 day of C � %rte " , 20 PERMITTEE: �� r,l-,� C Organization: / -J"' 1'fUcec�rvtac► � By /1 i' /1)1 ,,..kv d Q 2 gZ;'Art — iCl:i . } ,' i , ;x Title: /, � . 0 0 »` .,: . 4 ; '; a STATE OF COLORADO) , \ t � �+ c, COUNTY OF PUEBLO ) ss.. > 1 ' ;,- ', r,,A, 2. . t v , C i t ii CS e , , The foregoing instrument was acknowledged before me the d ay of £./, / K ;$ A 4.4 Ad j ' ,<'' �1 1 akw) op d✓e, S'hokL ✓a ✓ a as OWV12 1� 11„i . "" 2Ing NA': . o : s: My commission expires: *commission sion 9 15.5014 v a c [SEAL] /t "" R irrar 1 r +f+ : Notary Public APPROVED this 12th day of May 20 14 . PUEBLO, a Municipal Corporatio By / _ /AL e_.:a A,kar. Press a e t of the City Council Or OF CA — 4/6/10 i li w _ 1 r 1 Drorpage & I43etentron j a r o =eer1 , +o I LO al ln o� )114i:.0 �� r— .ono ��o 1 OE I £f1 N — 1: 1 —,- a� -. - 4±- b 40 ° [o 1 \[ I o \ to ff ww,� fl I 1 \ cry rt w r, I . Zrir Vr O v� ro N 1y� 0 j. N \ .0 .g I-1 [ A O ti lO ip CO ki_\_, ■ ■ r \ .1 i \‘` n \ o , V 1 0 , ) CG / v !F I I e , \ \ / *L� r' 'f,' Gl • c7 \ zi 9 .•. 1 15 ,7",...- Z 900 b4 , N , , , j • 1 ' ■ \ N '- \' N (j , • I G \ , •.; t% . /i a �V� , 1' ' 1� 2y� r a 1 L /�� - �rIDO 1 111 • 1 i A ti IN �3 0 D r r:114 ti 7 8 II = 0 X ` 1$ $ BROADMOOR SELF STORAGE EXPANSION _ M .' ; �; a LOT 2 & 3, BLOCK 2, SOUTH PRAIRIE SUBDIVISION FILING NO. 2 CE NGINNERI NC Col :° 3 '' < 1 HAYHURST AVENUE, PUEBLO, COLORADO 6621 HIGHWAY 7a _ J PIE$Q COLORADO 8100.5 Y =.: ' REVOCABLE PERMIT FOR LANDSCAPE BUFFER ON PUBLIC R —O —W TELEPHONE (719) 888.8800 FAX 010 884 -5= CLARK ENGINEERING LLC 6821 HIGHWAY 78 WEST PUEBLO, COLORADO 81005 (719) 566 -6800 April 25, 2014 Letter of Intent — Revocable Permit for Landscape Buffer in Right -of -way Lots 2 and 3, Block 2, South Prairie Subdivision Filing No. 2 Owner : Broadmoor, LLC 35 Pasadena Drive Pueblo, Colorado 81005 -2985 Attention: Mahmood Shokranifar (a.k.a. Moe Shok) moeshok @gmail.com Applicant : Same as applicant Representative: Laurie E. Clark, P. E. — Clark Engineering LLC 6821 Highway 78 West Pueblo, CO 81005 (719) 566 -6800 Office clarkeng @gmail.com Submitted to: City of Pueblo Public Works - Engineering 211 East "D" Street Pueblo, Colorado 81003 Re: Revocable Permit for Landscape Buffer in the Right -of -way of Hayhurst Avenue and Farabaugh Lane adjacent to Lots 2 and 3, Block 2, South Prairie Subdivision Filing No. 2 To Whom It May Concern: Mr. Moe Shok as owner of the Broadmoor, LLC requests a revocable permit to allow installation of approved landscape buffer between the back of the sidewalk and the property line of Lots 2 and 3, Block 2, South Prairie Subdivision Filing No. 2. The owner will be constructing a minimum five foot landscape buffer on the property and five feet or more landscape buffer on the right -of -way. The city requires a ten foot landscape buffer adjacent to all streets, but with a revocable permit the balance of the required landscaping along both streets will be met by the five plus feet wide landscape in the right -of -way. This allows the owner to continue the development of his project to match the existing landscape design on lots 4 through 7. In the areas of landscaping adjacent to the entrance gate and next to the detention pond, the owner Page 1 of 2 meets or exceeds the required buffer width, therefore those areas are not included in the request. Refer to the Exhibit A, attached to the permit request for the limits of the revocable permit. The landscape plan for this development has been approved, pending the granting of the revocable permit for this project. If there are any questions or concerns with this application, please contact our firm at (719)566 -6800. Sincerely, C.731 Laurie E. Clark, P. E. Clark Engineering LLC Page 2 of 2 Client#: 174559 BROASELF ACOR ®TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYO) NCE 4/25/2014 THIS CERTIFICATE 1S 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 POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: tf the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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 N,^ Teri Borgstedt HUB International Ins Svcs Inc met. or�E 719 - 546 -6837 (FAx c, No 886-908-2103 1414 W 4th St Eal): L/u ADDRESS: teri .borgstedt@hubintemational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIL d Pueblo, CO 81002 INSURER United Fire 8 Casualty Group 999999 INSURED INSURER B Broadmore Self Storage Broadmore LLC DBA INSURER C c/o Marcella 35 Pasadena Dr INSURER D Pueblo, CO 81005 -2985 INSURER E INSURER F: CA 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, TYPE OF INSURANCE NgR y MGR POLICY NUMBER (A /Dig A) ) (NWI POLICY SRS A GENERAL LIABILITY X X 60381830 03/18/2014 03/18/2015 EACH OCCURRENCE $1,000,000 PR X COMMERCIAL GENERAL LIABILITY EMISES (Ea oo pin $ 100,000 CLAIMS -MADE n OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1 ,000,000 GENERAL AGGREGATE $2,000,000 G AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 AI POLICY 78 n LOC $ AUTOMOBILE LIABILITY COMBINE() SINGLE LIMIT ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LJAB CLAIMS -MADE AGGREGATE $ DEC RETENTION $ $ WORKERS COMPENSATION WC STATU I I OTH- AND EMPLOYERS' LIABILITY _ WIRY 1 IMITC FR ANY PROPRIETOR/PARTNER/EXECUTIVE /EM X � N / A E.L. EACH ACCIDENT S (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes describe under DESCRIPTION CF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Romanis Schedule, II more apace Is required) City of Pueblo Is named as additional insured in regards to general liability. Waiver of surbogation in favor of City of Pueblo in regards to genral liability CERTIFICATE HOLDER CANCELLATION ANY OF City of Pueblo THE SHOULD EXPIRATION DATE THEREOF, NOTICE WILL BE DEUVERED IN 1 City Hall Place 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 #32827643/M2827633 JHO2