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Home My WebLink About13915 RESOLUTION NO. 13915 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO AVKE, INC. FOR THE USE OF THE HECTOR GARCIA PLACE RIGHT-OF-WAY FOR EXISTING PARKING SPACES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to AVKE, Inc., for the use of the Hector Garcia Place Right-of-Way for eleven (11) existing parking spaces. 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 March 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 12, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Jeff Bailey, P.E., Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO AVKE, INC. FOR THE USE OF THE HECTOR GARCIA PLACE RIGHT-OF- WAY FOR EXISTING PARKING SPACES SUMMARY: Attached is an application for a revocable permit submitted by AVKE, Inc., for the use of the Hector Garcia Place right-of-way. PREVIOUS COUNCIL ACTION: None. BACKGROUND: AVKE, Inc., requests a revocable permit for the use of the Hector Garcia Place right-of-way for eleven (11) existing parking spaces associated with the Townplace Suites Subdivision. The Townplace Suites Subdivision is a re-subdivision of Lot 1, Gruma Subdivision and Lots 1 and 2, Amin-Santa Fe Subdivision, into a single lot. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will require the eleven (11) existing parking spaces to be removed. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat re: Resolution 13915 Reception 2100106 03/21/2018 01:56:07 PM 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: -_ MI 1. Name, Address and Telephone Number of Permittee: AVKE, Inc., a Colorado Corporation, 4308 St. Andrews Drive, Pueblo,Colorado 81001,(719)543-4856 2. Permitted Area: Existing 5 parking spaces adjacent to the on-way SE ingress-egress easement lying partially o within Hector Garcia Place R-O-W or requiring backing into said R-O-W and existing 6 spaces at east end of 8 Hector Garcia Place, lying partially or entirely within said R-O-W. T; 3. Purpose of Revocable Permit: Allow the Authorized Structure to be within the Permitted Area until termination ' or revocation of this Revocable Permit. `.° sr 4. Authorized Structure: 11 existing parking spaces at- 5. Commencement Date: January 8,2018 Time: 8:00 a.m. mma le 6. Ending Date: Indefinite and upon termination or revocation of this Revocable Permit. I() L /1 PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED a;'&61-8." REVOCABLE PERMIT(THE "PERMIT")REPRESENTS, WARRANTS AND AGREES: AP 0 1, ~(a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. In no event shall the Authorized Structure be enlarged or otherwise expanded beyond its current size or location. ,) N (b) The Authorized Structure shall be maintained by Permittee in compliance with all applicable codes,ordinances,rules I^° '1r and regulations of City and this Permit. a) m rn_M Nac (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, the Authorized Structure shall not be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall the Authorized Structure 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) 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 and restore the Permitted Area to a condition compliant with all existing laws. Failure to timely 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 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 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 (1). (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 day of .Oro Vt>tf l.--- ,20 1 l . l. PERMITTEE: Organization: lel i ' By: C Title: r'.`>Iri '/1 f STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. 47-f-h The foregoing� instrument was acknowledged before me the I day of t, tY1(X i'i- , 20 1 v by :AAP— A- v i'''as es 1 lt' My commission expires: i b(�1 2b1f 2U2"I [SEAL] 411/4- 11. 1/kAA2( Notary PubVl' a►- APPROVED this /O2 day of N\ �-G 1 ` ,20 1 g PUEBLe a unic'.al • ..r//�j KIMBERLY WILLARD NOTARY PUBLIC By STATE OF COLORADO P the City Co 4.75 NOTARY ID 20094038247 MY COMMISSION EXPIRES 10/28/2021 2100106 03/21/2018 01:56:07 PM Page: 2 of 2 R 18.00 D 0.00 T 18 00 Gilbert Ortiz Clerk/Pecorder Pueblo County. Co 11111 14�. �r�� ia�'If�1'l ;Y ijiNi,iikill KL,iIr Ii1411111 UI III CA—4/6/10