HomeMy WebLinkAbout13811RESOLUTION NO. 13811
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO H.W. HOUSTON CONSTRUCTION,
LLC, FOR USE OF THE SOUTH HALF OF THE NORTH
MECHANIC STREET RIGHT-OF-WAY, FROM THE
INTERSECTION OF RICHMOND AVENUE AND NORTH
MECHANIC STREET FOR A DISTANCE OF 365 FEET TO THE
NORTHEAST
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to H.W. Houston, LLC, for the
use of the south half of the North Mechanic Street right-of-way, from the intersection of Richmond
Avenue and North Mechanic Street for a distance of 365 feet to the northeast.
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 October 23, 2017
BY: Ed Brown
City Clerk’s Office Item # M-9
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: October 23, 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 H.W. HOUSTON CONSTRUCTION, LLC, FOR USE OF THE SOUTH HALF
OF THE NORTH MECHANIC STREET RIGHT-OF-WAY, FROM THE
INTERSECTION OF RICHMOND AVENUE AND NORTH MECHANIC STREET
FOR A DISTANCE OF 365 FEET TO THE NORTHEAST
SUMMARY:
Attached is an application for a revocable permit submitted by H.W. Houston, LLC for the use of
the public right-of-way.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
H.W. Houston, LLC, is requesting the use of the south half of the North Mechanic street right-of-
way from the intersection of Richmond Avenue and North Mechanic Street, for a distance of 365
feet to the northeast. The use of the right-of-way will be for construction staging for the Convention
Center expansion project.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will cause construction staging to be relocated any may cause
construction delays.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Road Closure, Plat
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: H.W. Houston, LLC,210 S Victoria Ave., Pueblo,CO
81003(719)569-0600
2. Permitted Area: South half of the North Mechanic St. Right-of-Way from the intersection of Richmond Ave.
for a distance of 365 feet to the northeast.
3. Purpose of Revocable Permit: Construction Staging
4. Authorized Improvements: N/A
5. Commencement Date: October 13_,2017 Time:
6. Ending Date: Project Completion 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 café,the Permittee and sidewalk café 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—6/7/17
(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 he 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. The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(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 32✓O day of OCT'bl e_ ,20 I "1
PERMITTEE:
Organization: H.W. Houston ructi n,LL
By: Ernie Garcia,Jr.
'td
Title: Project Manager
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.. 3
The foregoing instrument was acknowledged before me the day of De..--6-.) , 20 11 by
r1l,9 CGCG a as b tel' %.\-XCA.01.LA.
My commission expires: 10/,31/
20
[SEAL] 111 J� art
Nota Public
APPROVED this 23rd day of October ,20 17 .
PUEBL*, . r unicipal C. .. .
4.010
KATELYN BERRY '
By
NOTARY PUBLIC ► President of the City Council
STATE OF COLORADO
NOTARY ID 20164041661 •
MY COMMISSION EXPIRES OCTOBER 31,2020,
CA—6/7/17
URBAN RENEWAL AUTHORITY
Commissioners:
LETTER OF INTENT
Chairman Date: October 2, 2017
Don Banner
Vice-Chairman City of Pueblo Public Works
Betty Martinez Attn: Mr. Earl Wilkinson, Director of Public Works
211 E. D Street
Treasurer Pueblo, CO 81003
David Abeyta
PatrickAvalos Subject: Pueblo Convention Center Expansion and PBR Sport Performance Facility
Marlene Bregar Letter of Intent for Revocable Permit,
Louie Carleo Request to install perimeter fencing for construction,
Rita Gersick
Beth Gladney Central Main and Mechanic Street Right-of-Way
Meagan Koncilja
Betty Martinez
Sal Pace Dear Mr.Wilkinson,
Ralph Williams
Lori Winner The Pueblo Urban Renewal Authority has entered into contract with H. W. Houston
Construction for the design, permitting and construction of the Pueblo Convention Center
Bob Schilling Expansion,the Pro Bull Rider's Association (PBR) Sport Performance Facility, and a parking
(Ex-Officio) structure with skybridge to support both facilities(the Project).
Jerry M.Pacheco
Executive Director As part of the project area, construction fencing is proposed along the Central Main
Street and N. Mechanic Street right-of-way as shown on the Roadway Closure Plan that is
included as part of this permit application. The area shown on the plan is required to secure the
project perimeter for construction. This letter of intent is a request for a revocable permit to
install the perimeter fencing in accordance with the plan.
If you have any questions or need any additional information, please do not hesitate to
contact me at(719)542-2577. Thank you for consideration of this request.
Sincerely,
Tony Acri
RTA Project Manager
Pueblo Urban Renewal Authority
115 East Rirerwalk,Suite410Pueblo,CO 81003 719.542.2577 www.puebloura.org
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