The URL can be used to link to this page

Home My WebLink About13786 RESOLUTION NO. 13786 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO COLORADO CANNABIS ASSOCIATES, LLC, DBA THE SPOT, TO USE THE NORTH ELIZABETH STREET RIGHT-OF-WAY AT 3504 N ELIZABETH FOR EXISTING PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Colorado Cannabis Associates, LLC, dba. The Spot, for the use of the North Elizabeth Street Right-of-Way for existing parking lot. 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. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED September 25, 2017 BY: Ed Brown City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 25, 2017 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 COLORADO CANNABIS ASSOCIATES, LLC, DBA THE SPOT, TO USE THE NORTH ELIZABETH STREET RIGHT-OF-WAY AT 3504 N ELIZABETH FOR EXISTING PARKING LOT SUMMARY: Attached is an application for a revocable permit submitted by Colorado Cannabis Associates, LLC, dba. The Spot, to utilize the North Elizabeth Street Right-of-Way for existing parking lot. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Colorado Cannabis Associates, LLC, dba. The Spot, is requesting the use of the North Elizabeth Street Right-of-Way at 3504 N. Elizabeth Street for existing parking lot associated with this address. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will require the removal of existing parking lot. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat Reception 2083773 09/23/2017 re: Resolution 137863 REVOCABLE PERMIT (Existing Structure) 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: Colorado Cannabis Associates, LLC dba The Spot,748 Industrial Blvd,Pueblo West,CO 81007 2. Permitted Area: Right-of-Way in front of 3504 N. Elizabeth Street 3. Purpose of Revocable Permit: Allow the Authorized Structure to be within the Permitted Area until termination or revocation of this Revocable Permit. 4. Authorized Structure: Existing Parking Lot 5. Commencement Date: September 25,2017 Time: 6. Ending Date: Indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED m REVOCABLE PERMIT(THE "PERMIT")REPRESENTS, WARRANTS AND AGREES: a,!?GJ (a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. In no event shall the o Authorized Structure be enlarged or otherwise expanded beyond its current size or location. 115qF (-°<i (b) The Authorized Structure shall be maintained by Permittee in compliance with all applicable codes,ordinances,rules w ;if_ and regulations of City and this Permit. mN (c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café shall be subject to all the - in; provisions, conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may bemm amended,which are incorporated herein by reference. In addition,the Authorized Structure shall not be tied-down or chained F c m J to any tree within or adjacent to the Permitted Area nor shall the Authorized Structure hinder or interfere with the opening of o-'w motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. o o wm m N (d) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove the Authorized Structure from the Permitted Area,repair any damage caused by such removal it o 3 and restore the Permitted Area to a condition compliant with all existing laws. Failure to timely remove the Authorized -- Structure Structure from the Permitted Area,repair any damage caused by such removal and restore the Permitted Area to a condition ow compliant with all existing laws shall constitute Permittee's abandonment of the Authorized Structure, and the City may, at = Permittee's expense, remove the Authorized Structure from the Permitted Area,repair any damage caused by such removal — and restore the Permitted Area to a condition compliant with all existing laws. Permittee agrees to pay all City's costs and — expenses, including reasonable attorney fees,incurred in the enforcement of this Permit. (e) Permittee shall keep the Authorized Structure and Permitted Area in good, clean and safe condition and repair, free from litter,waste and debris. (f) 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, repair or maintenance of the Authorized Structure in the Permitted Area, or the use of the Permitted Area or Authorized Structure by Permittee, its officers, agents,employees, invitees or general public. (g) 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. (h) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure 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. CA–4/6/10 (i) 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. (j) 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 U). (k) 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 Permittee's Authorized Structure 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 Authorized Structure 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. (1) 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 (g) and(h) above; or(v)revocation or termination of this Permit by resolution of the City Council of City. (m) 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 I S day of Sepk�`""' "� ,20 1 . PERMITTEE: Co(OI'��b Can nalaiS kSbC i S', LL C C),___;,1---'4<toVOrganization: By: --1ghee Ayew d-LTitle: '131k S i his S ®r'►^ S,p 0 STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the/ day of ; 7"),‘, , 20 /7 by 1--L41 fl \ k / - as :7:5( I a ice/�,1D/TtC/1� My commission expires: cO /T . I [SEAL] Notary Pu 1 t� APPROVED this 25th day of September ,2017 . g6.a„�ni zz= PUE: 6, a u ' pal Corp ion o' s n 33 row" B _ ,8 gt. 'O Presiders ouncil X 2083773 REV_PMT 09/28/2017 03:56:45 PM N C Page: 2 of 3 R 23.00 0 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co VIII f1M' NJ/I10'h+i1'L•a1I r!hw and R+riI kJ Ili 11111 m 8 CA—4/6/10 THE J � IN [64] SOUTHERN COLORADO'S LARGEST RECREATIONAL MARIJUANA DISPENSARY 07 September 2017 Pueblo City Council 1 City Hall Place Pueblo, CO 81003 Re: Request for Revocable Permit Letter of Intent Dear Honorably Elected Officials, Colorado Cannabis Associates, LLC dba The Spot is requesting a revocable permit from the City of Pueblo at the City of Pueblo's Right of Way(ROW)on N. Elizabeth St. The revocable permit would be used to provide parking at 3504 N. Elizabeth St. Please feel free to contact me with any concerns at 719.821. : T ank you in ..van•e for your consideration. Res.-ctfully, Robert Lucero Colorado Cannabis Associates, LLC dba The Spot,Owner 748 INDUSTRIAL BOULEVARD • PUEBLO WEST, CO. 81007 • 719-547-8011 www.ThOSpOt420.c®m OEM