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Home My WebLink About13963 RESOLUTION NO. 13963 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO COLORADO STATE UNIVERSITY PUEBLO FOR THE USE OF THE NATURE CENTER ROAD RIGHT-OF-WAY TO INSTALL FIBER OPTIC CABLE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Colorado State University Pueblo for use of the Nature Center Road right-of-way to install fiber optic cable. 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: May 14, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 14, 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, PE Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO COLORADO STATE UNIVERSITY PUEBLO FOR THE USE OF THE NATURE CENTER ROAD RIGHT-OF-WAY TO INSTALL FIBER OPTIC CABLE SUMMARY: Attached is an application for a revocable permit submitted by Colorado State University Pueblo to install a fiber optic cable in a portion of the right-of-way. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Colorado State University Pueblo is requesting the use of the Nature Center Road right-of-way to install fiber optic cable to their observatory. The Revocable Permit is for approximately 320’ ± of Nature Center Road which lie within the City of Pueblo city limits. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will cause the fiber optic cable to not be installed. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Plat re: Resolution 13963 Reception 2106902 05/31/2018 03:47:57 PM • 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: I. Name,Address and Telephone Number of Permittee: The Board of Governors of the Colorado State University System acting by and through Colorado State University-Pueblo 2200 Bonforte Blvd. Pueblo, CO 81001 Attn: IT Dept. Telephone Number: (719)549-2134 2. Permitted Area: A portion of the right-of-way of Nature Center Road. 3. Purpose of Revocable Permit: Installation of a new fiber optic cable to serve the Nature Center Observatory. 4. Authorized Improvements: One(1)underground inner-duct conduit with fiber optic cable. Pull boxes at 500 foot intervals above the conduit. Above ground cable markers at each pull box. 5.Commencement Date: April 01, 2018 Time: 8:00 AM 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 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) Retire 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 Pennittee'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. (t) Permittee shall keep all Improvements and Permitted Area in good,clean and sate condition and repair,free from litter,waste and debris. (g) - (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 he automatically revoked. (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. (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. (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 I above. (ii)If to City, I 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). (I) 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(c). (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 Vci day of F V-1.1 . 20 1f PERMITTEE: The Board of Governors of the Colorado State University System acting by and through Colorado State University-Pueblo Orga z tion: By: _ Title: Karl Soiecker, Vice President for Finance &Administration 2106902 05/31/2018 03:47:57 PM Page: 2 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder. Pueblo County: Co CA--6/7;17 1111 10I'd PIO F19:I41 IL 'h+1bU,'i 11111 2106902 05/31/2018 03:47:57 PM Page: 3 of 5R 33.00 D 0.00 1 33.00 Gilbert Ortiz Clerk/Recorder; Pueblo County; Co ■IIIl�.rN�=R�e'I��'I��y'F� �L ��rh�,;��r�14�'��14 ■III STATE OF COLORADO COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me the t 9 day of Apt t It ,20 l g by C1SAZIC._c Vii t as — — My commission expires: 1- 071/41:2 Vic KH. BECKER NOTARY PUBLIC STATE or COLORADO [ SEAL] !KA. � �C ;' N� W20084021418 -qr ExQiRES JULy s 2020 APPROVED this 4(4 day of MAY ,20 /8 . 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