HomeMy WebLinkAbout13240RESOLUTION NO. 13240
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO LDC-TJL, RLLLP FOR THE USE OF
THE PUBLIC RIGHT-OF-WAY AT SOUTHWEST CORNER OF
TH
WEST 4 STREET AND COURT STREET FOR THE PURPOSE
OF INSTALLING TWO-8 INCH SAFETY BOLLARDS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to LDC-TJL, RLLLP, for the
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use of right-of-way at the southwest corner of West 4 Street and Court Street for the purpose
of installing two-8 inch safety bollards.
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 26, 2015
BY: Dennis Flores
City Clerk’s Office Item # M-8
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 26, 2015
TO: President Stephen G. Nawrocki 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 LDC-TJL, RLLLP FOR THE USE OF THE PUBLIC RIGHT-OF-WAY AT THE
TH
SOUTHWEST CORNER OF WEST 4 STREET AND COURT STREET FOR
THE PURPOSE OF INSTALLING TWO-8 INCH SAFETY BOLLARDS
SUMMARY:
This Resolution approves the issuance of a Revocable Permit to LDC-TJL, RLLLP to install two
bollards in the public right-of-way.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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In the last three years, the building located at 304 W. 4 Street has had three separate
accidents where a vehicle has driven through the glass at the front of the store.
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LDC-TJL, RLLLP is requesting the use of the right-of-way at the southwest corner of West 4
Street and Court Street, for the purpose of installing safety bollards to protect the building from
potential injuries related to car accidents.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will result in potential serious injury to occupants of the building.
RECOMMENDATION:
Approval of this Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map
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: LDC-TJL RLLLP, 503 N. Main St, Suite 5, Pueblo, CO
81003,(719)543-7558
2. Permitted Area: Southwest Corner of West 4th Street and Court Street
3. Purpose of Revocable Permit: Bollards in the Right-of-Way
4. Authorized Improvements:
5. Commencement Date: May 20 2015 Time:
6. Ending Date: Indefinite Time:
PERMITTEE fN 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-7/22/03
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(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 Pennit 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).
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(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.
(im) 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 el l day of , 20 ( 5�.
PERMITTEE:
Orga ' n: LDC/ : P
By: P J
Title: d W V\ ..4"
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
Thee foregoing instruhient was acknowledged before me the day of / , 20 /) by
LU:Oc. C
1). c-r e.0 as Ov-1 rel' /
My commission expires: W5;44)/? .
[ SEAL] d
No ry Public g U
APPROVED this :),(044-‘ day of ` \G�.ir.— ,20 15.
MARY THERESE YEAGER PUEBLO . `•.ration
NOTARY PUBLIC By 111111.41°
STATE OF COLORADO !i!APlr�lS+�!qty Council
CA-4/ NOTARY ID 20104011763
IiY COMMISSION EXPIRES APRIL 06,2018
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LEGAL DESCRIPTION: Lot 1 Block 40 South Pueblo, Pueblo, Colorado
West 4th Street
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Bldg. 304 W.4th St. Cs
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Alley
Louie Carlen
MELLA
DATE: 5/5/15 SURVEYING
SCALE: 1" = 20' 501 N.Main St LL103
304 W. 4th Pueblo,Colorado
719-543-1974 AA
LDc ....TJL RLLLp
503 N Main Street Suite 5 Pueblo, CO 81003
Telephone (719) 543-7558
Fax (719) 296-6928
May 5, 2015
Letter of Intent
In the last three (3) years Mr. T's Fitness Center located at 304 W 4th
Street has had three (3) different accidents where a car has driven
through the front corner of the glass. I feel very fortunate that no one has
received any injuries from these accidents.
I respectfully request a revocable permit so that I can install two (2)
bollards (one on each side of the corner of the building at 4th and Court.)
Each one will be 6" away from the building leaving 9' 6" of sidewalk for
pedestrian traffic.
This does not benefit the building, but protects the potential serious injury
someone could receive. I encourage the City of Pueblo to approve a
Revocable Permit to allow us to set 2 bollards in place for safety
purposes.
Sincerely,
Louie D. Carleo
LDC/TJL RLLLP