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RESOLUTION NO. 14255
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO IRON PHOENIX CORPORATION FOR
THE USE OF THE GRUMA DRIVE RIGHT-OF-WAY FOR
INSTALLATION OF MISSION FOODS SIGN
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Iron Phoenix Corporation for
the installation of a sign for Mission Foods within the Gruma Drive right-of-way.
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: August 12, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 12, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Dan Centa, P.E., Acting Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO IRON PHOENIX CORPORATION FOR THE USE OF THE GRUMA DRIVE
RIGHT-OF-WAY FOR INSTALLATION OF MISSION FOODS SIGN
SUMMARY:
Attached is an application for a revocable permit submitted by Iron Phoenix Corporation.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Iron Phoenix Corporation is requesting the use of the Gruma Drive right-of-way to install a
pedestal sign for Mission Foods located at 600 Gruma Drive.
When the Wheelstar Subdivision was recorded in approximately 1993, 60 feet of additional public
right-of-way was dedicated on the plat for Gruma Drive. This area included existing fencing, gates
and other improvements, including a portion of the 30 feet wide overhead power easement and
poles. The subdivision did not include any requirements to remove existing improvements or
construct any public roadways.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will require the sign to be installed in a different location which may not
be easily visible from Gruma Drive.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat, and
Construction Plans
re: Resolition 14255
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Gilbert Ortiz Clerk/Recorder Pueblo County, Co
11111 KLIINFICCIM I I/ ii+rl0',11S6i, l '1 h',.'i11411111
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: Iron Phoenix Corporation,do Todd Pasquin,V.P.
600 Gruma Drive(mailing address:201 W.8th St.,Ste.500,
1. Name,Address and Telephone Number of Permittee: Pueblo,CO 81003)(719)251-9883
2. Permitted Area: South ROW Gruma Dr.approx.1,450 feet from Santa Fe Ave.,to east of entrance gate to Mission Foods
3. Purpose of Revocable Permit: Install a sign in public right-of-way
4. Authorized Improvements: Concrete foundation with large hanging Iron Bell sign
5. Commencement Date:June 24,2019 Time: 8:00 am
6. Ending Date:In perpetuity or until sign is Time: NA
voluntarily removed by Permittee
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 cath, 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
(t) 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.
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ertOzCeedPueb�lr o 't' 111111
(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 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).
(1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Arta 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 righter claim to such notice,hearing,and liability of the City.
Signed in Pueblo,Colorado this .3 day of A 20 1
PERMI E:
Organ/ : Iron P ix ration
By: Llielet;f1d7
Title: j 1<L h'
STATE OF COLORADO )
COUNTY OF PUEBLO )
The for oing instrument was acknowledged before me the r da •f , 20 l'1 'by
sA` di I A as C'L �.'a..�`St " fa__
'�1 a . e-r,,--,z•
ADINA RODR EZ
sTAfE OratR D° otary ' blic
NOTARY ID 2011
day of ,20 .
PUEBL a Municipal Co o 'on
'
By
.Gradisar,Mayo
CA—6/7/17
CLARK ENGINEERING, LLC
6821 HIGHWAY 78 WEST
PUEBLO, COLORADO 81005
(719) 566-6800
July 18, 2019
Letter of Intent— Iron Phoenix Corporation Revocable Permit for Mission
Foods Sign
In Gruma Drive Right-Of-Way
Owner : Iron Phoenix Corporation
201 W. 8th Street, Suite 500
Pueblo, Colorado 81003
Attention: Todd Pasquin,V.P.
southgate(armi.net
Applicant : Laurie E. Clark, P. E. —Clark Engineering LLC
6821 Highway 78 West
Pueblo, CO 81005
(719) 566-6800 Office
clarkeng(a),gmail.com
Submitted to: City of Pueblo Department of Transportation
350 Alan Hamel Avenue
Pueblo, Colorado 81003
Re: Revocable Permit for Mission Foods Sign in Gruma Drive ROW
To Whom It May Concern:
Todd Pasquin, representative of Iron Phoenix Corporation, requests a revocable permit to allow
the construction of a pedestal sign in the south right-of-way of Gruma Drive. When the
Wheelstar Subdivision was recorded approximately 1993, 60 feet of additional public right-of-
way was dedicated on the plat for Gruma Drive. This area included existing fencing, gates and
other improvements, including a portion of the 30 feet wide overhead power easement and poles.
The subdivision did not include any requirements to remove existing improvements or construct
any public roadways. The attached Improvement Plan shows the proposed sign location is
adjacent to and in a corner area of existing fencing,power poles and rail line, within the
dedicated public right-of-way. The area is adjacent to the main access driveway into Wheelstar
Subdivision Lot 2, with an existing lease to Mission Foods for warehouse storage and shipping
depot. The sign will be visible from Gruma Drive, as vehicles transit under the Interstate 25
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bridge over Gruma Drive. This will be of significant benefit to the over-the-road truckers, in
finding their way to the main access gate off of Gruma Drive.
The area the sign will be constructed in is not currently used for a street, and is in a corner of the
existing fencing. For the City of Pueblo to improve this area for a standard street, would require
relocation of existing fences, rail spur crossing and removal of an existing retaining wall to the
east. Based on the current plans for use of the properties to the east of Lot 2,per the City of
Pueblo Police Department and Fire Departments, there is not a desire to improve Gruma Drive to
the east of the current railroad crossing.
The property owner will continue to maintain the existing fences, gates and rail spur and the area
around the proposed sign. The Iron Phoenix Corporation requests that this Revocable Permit be
approved. If there are any questions or concerns with this application,please contact our firm at
(719)566-6800.
Sincerely,
Laurie E. Clark, P. E.
Clark Engineering LLC
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