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HomeMy WebLinkAbout14414RESOLUTION NO. 14414 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO TOP BID, LLC FOR THE USE OF THE O’NEAL AVENUE AND SOUTH PRAIRIE AVENUE RIGHT-OF- WAY TO INSTALL LANDSCAPING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Top Bid, LLC for the use of the O’Neal Avenue and South Prairie Avenue right-of-way adjacent to 2850 O’Neal Avenue. 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 June 8, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 8, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO TOP BID, LLC FOR THE USE OF THE O’NEAL AVENUE AND SOUTH PRAIRIE AVENUE RIGHT-OF-WAY TO INSTALL LANDSCAPING SUMMARY: Attached is an application for a revocable permit submitted by Top Bid, LLC. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Top Bid, LLC is requesting the use of the O’Neal Avenue and South Prairie Avenue right-of-way, adjacent to 2850 O’Neal Avenue, to install landscaping to comply with the Special Use Permit requirements. Along with landscaping, Top Bid, LLC will also bring the sidewalks up to ADA and City requirements. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent installation of landscaping. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Landscape Plan. re.: Resolution 14414 Reception 2180885 06/11/2020 03:04:47 PM LANDSCAPING REVOCABLE PERMIT (Section 17-4-7 Pueblo Municipal Code) Pursuant to Section 16-9 of the Charter of the City of Pueblo("City")the City Council of City hereby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described, subject to and conditioned upon the provisions, covenants and conditions contained herein and Permittee's compliance therewith: 1. Permittee's name and addre Tokh + J c .k cU Z o'lJece.4 c 0 81ocE 2. Legal description and street address of real property owned by Permittee subject to Section 17-4-7 of the Pueblo Municip l Code("Permittee's Property"): 2_85 C' c ,e! ./A,,.e. Loi- I tc,ck l D-v Ferrverl4 X15 X51 -i1 361 3. "Permitted Area" means and includes that portion of the public right-of-way adjacent to Permittee's Property shown on the attached Landscape Plan. In consideration of the issuance and granting of this Revocable Permit, Permittee represents,warrants and agrees as follows: 1. Permittee shall within 150 days from date hereof install landscaping on Permittee's Property and in the Permitted Area in compliance with the Section 17-4-7 of the Pueblo Municipal Code and as shown on the attached Landscape Plan. 2. Permittee shall keep, maintain and replace the landscaping as required by Section 17-4- 7(b)(8)(b)of the Pueblo Municipal Code or any substituted provision thereof. 3. This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City. Permittee acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason, at any time,without notice to or hearing by Permittee,and Permittee waives any and all claim to any such notice and hearing. 4. Immediately upon termination of this Revocable Permit,Permittee shall (a) remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b) replace and relocate landscaping on Permittee's Property which meets and complies with Section 17-4-7 of the Pueblo Municipal Code or any substituted provision thereof; and (c) meet and comply with all applicable off-street parking requirements set forth in Sections 17-4-42, 17-4-43, 17-4-44 and 17-4-45 of the Pueblo Municipal Code on Permittee's Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. 5. If Permittee fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit, City, in addition to all other remedies provided by -1- NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. 2180885 06/11/2020 03:04:47 PM Gi8lbert20 tfiz2Clak1Re8.00 D ccorder, Pueblo Count0 y, Co 11111 Pis FII'JIB 1iiv'.F 11.11. 'iip nkihi'll:11 h', 11 III law,may revoke the certificate of occupancy for the building on Permittee's Property. 6. The covenants of this Revocable Permit shall run with Permittee's Property and shall extend to, be binding upon, and inure to the benefit of City and Permittee and their respective heirs,personal representatives, successors and assigns. 7. 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 Revocable Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the landscaping in the Permitted Area, or the use of the Permitted Area by Permittee, its officers, agents, employees, invitees or general public. Executed at Pueblo, Colorado the Ail' day of Ar , 20 L O. Permittee �-^� Name: LJ ,J1 rC 5 Se By: Title: O . vim./ O pek.e409. STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. ' The foregoing instrument was acknowledged before me the 0?7 day of PRti. ` ,20 by AI 41.4 EL L as My commission expires: APier £4, Zd 2 A(A43. [SEAL] Whir Notary ublic ROBERT S l uMP50N Notary Pubic • Colorado Notary 10li,' ,,i76 MyComrniss,c,'. . 24,1021 Ai APPROVED this /v day of 'TI,40,042,.., ,20 A p PUEBLO,a Municipal Corporation `h�STMOMPSONI etteAmaie *INIMMISTIWINKOWN204,1ozi By - Nicholas . Gradisar,Mayor -2- NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder.