HomeMy WebLinkAbout14438RESOLUTION NO. 14438
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO TOP BID, LLC FOR THE USE OF THE
O’NEAL AVENUE RIGHT-OF-WAY FOR EXISTING PARKING
LOT EXPANSION
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 right-of-way, adjacent to 2850 O’Neal Avenue, for existing expansion of a
parking lot.
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 July 27, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 27, 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 RIGHT-OF-WAY
FOR EXISTING PARKING LOT EXPANSION
SUMMARY:
Attached is an application for a revocable permit submitted by Top Bid, LLC.
PREVIOUS COUNCIL ACTION:
Resolution 5273 approved issuing a Revocable Permit to the previous property owner, the
Disabled American Veterans Chapter 39, for expansion of a parking lot into the right-of-way.
BACKGROUND:
Top Bid, LLC is the current property owner and requests the use of the O’Neal Avenue right-of-
way, adjacent to 2850 O’Neal Avenue, to keep and maintain existing parking spaces within the
right-of-way.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will require the parking spaces to be removed from the right-of-way.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map.
re : Resolution 14438
Reception 2187347
08/03/2020 02.34
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: Top Bid, LLC, 2850 O'Neal Ave, Pueblo, CO 81005,
(719)2428928
2. Permitted Area: O'Neal Ave. right-of-way adjacent to 2850 O'Neal Ave.
3. Purpose of Revocable Permit: Existing parking lot expansion
4. Authorized Improvements: Existing parking lot expansion
5. Commencement Date: July/7_,2020 Time: N/A
6. Ending Date: Indefinite Time: N/A
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 he 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
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Gilbert Ortiz Clerk/Recorder. Pueblo Co;.irty, C;c
11101/151,10.1%,Y.4MilM.IbiMi IMO VIII
(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.
CI) Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Pennittee
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 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, hut 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 Pennittee, (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 8 4A-- day of SI, ,20 2,6
PERM
Organization: —roP�id
By: keed." vsGe I)
Title: / 1041. -d
STATE OF COLORADO )
COUNTY OF PUEBLO )SS..
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The foregoing instrument was acknowledged before me the - day of , 20 2a by
LE►A (¢ kLt 4:5er— as QP�ILY�- l7�'fL
My commission expires: 7i k 2p, 2z!
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ROBERT S THOMPSON ► Not.ry Public
11 Notary Public-State of Colorado I
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Notary ID 20014011076 4
My Commission Expires Apr 24,2021 I
APPROVED this,30 day of - ,2020.
PUEBLO,a Municipal Cor oration
By ,
Nicholas • . Gradisar,May r
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18 July, 2020
Michael Barela
Department of Transportation
350 S. Grand Avenue
Pueblo, Colorado 81003
Dear Mr. Barela,
We welcome the opportunity to submit a proposal for a revocable permit for 2850 O'Neal
Avenue, Pueblo, CO 81005. Below is a summary of our proposal.
1. Landscaping on City Property.
Landowners will create and install landscaping between the fence and Prairie Avenue and
from the landscaping on Prairie Avenue to the first curb cut on O'Neal Avenue.
2. Sidewalks to Comply with ADA and City Requirements.
Landowners will demo and install 6' wide sidewalks adjacent to Prairie Avenue to meet
Pueblo requirements.
3. Maintain and Use Parking Lot
Landowners will use and maintain parking lot adjoining deeded lot currently used for parking
For 2850 O'Neal Avenue.
These improvements are to be completed within 150 days of approval of revocable permit, and
are being completed to comply with the Special Use Permit issued to us by the City of Pueblo.
Leah "u
Top Bid Auction
2850 O'Neal Avenue
Pueblo, Colorado, 81005