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Home My WebLink About14470RESOLUTION NO. 14470 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BELLA SANTI RIVERSIDE CONDOMINIUMS, LLC FOR THE USE OF THE UNION AVENUE RIGHT-OF-WAY TO INSTALL A BALCONY OVER THE RIGHT- OF-WAY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Bella Santi Riverside Condominiums, LLC for the use of the Union Avenue right-of-way, adjacent to 102 South Union Avenue, to install a balcony over the 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 September 14, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 14, 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 BELLA SANTI RIVERSIDE CONDOMINIUMS, LLC FOR THE USE OF THE UNION AVENUE RIGHT-OF-WAY TO INSTALL A BALCONY OVER THE RIGHT- OF-WAY SUMMARY: Attached is an application for a revocable permit submitted by The Bella Santi Riverside Condominiums, LLC. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Cheryl Santi, owner of Bella Santi Riverside Condominiums, LLC, at 102 South Union Avenue requests the use of the Union Avenue right-of-way to install a balcony on the second floor facing Union Avenue. The balcony will extend approximately three to four feet into 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 cause the balcony to not be installed. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Design Pans re: Resolution 14470 Reception 2194577 09/29/2020 03:33:32 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: 1. Name,Address and Telephone Number of Permittee: Bella Santi Riverside Condominiums,LLC,Cheryl Santi,510 N. Farm Rd,Monte Vista,CO 81144,(719)850-1147 2. Permitted Area: Right-of-way adjacent to 102 S.Union Avenue 3. Purpose of Revocable Permit: 2nd Floor Balcony 4. Authorized Improvements: Balcony 5. Commencement Date: September 14,2020 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 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. (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 2194577 09/29/2020 03:33:32 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IIII kranl 1i iiIiiVilkildiki'Fil Chit of iiiidiad LH (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 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(t)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 n' ' hearing,and liability of the City. Signed in Pueblo,Colorado this G�' day of ,20 r PERMITT•_, I N 2 Organize':• ,a, /4 By: .r Title: 141I0 STATE OF COLORADO ) COUNTY OF PUEBLO )ss. The foregoing instrument was acknowledgedacbefore me the 2e. day of �� , 20 10 by CLI v/ I Ck. e. --%. as 1.1/4-42.•-- . My commission expires: LV/It 1 7.-1 'C` e.41.4 E 4,....,..-1 ' ' 0 J.BANNER Notary Pu lie NOTARY PUBLIC STATE OF GOLOMt J NOTARY Ip 19874009263 ARY CernmIssIon 8/68n$10.11-2021 APPROVED this / day of AA Ga ,240. PUEBLO,a Municipal Corporation • • By Nic olas A. radisar,Mayor CA—6/7/17 Cheryl Santi Bella Santi 102 S.Union Ave Pueblo,CO 81003 (4,6t4-61647 / August 26,2020 It is with your permission that I am requesting the right to add a balcony to the Bella Santi Building.This balcony would be installed on the Union Avenue side. Your approval would be highly appreciated. Sincerely, Cheryl Santi Please see Attachment AA� pyy� II , � JIt ; � � �A g ,,,�, >. 12 �� OQIYOg0(01�O�RV Nom W11106 201 i• '\N � ;1 Mg it lh , <#°€r-G CM 0 .. p SIAM NORM NCO COI 3H1 s i l � �'i w1Yk I1QC 3 �ooa�uai Jnr 9.,' III ti ii2II Ir J tom- J ` �� 7 i , p- , L 17\, ,, ' I 1 I yry .,� �I i . a �? 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