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Home My WebLink About14538RESOLUTION NO. 14538 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO GEOLOGICAL SERVICES & CONSULTANTS FOR THE USE OF THE 4TH AVENUE RIGHT- OF-WAY BETWEEN WEST 28TH STREET AND WEST 29TH STREET AND THE ALLEYWAY BETWEEN 4TH AVENUE AND 5TH AVENUE TO INSTALL GROUNDWATER MONITORING WELLS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Geological Services & Consultants for the use of the 4th Avenue right-of-way between West 28th Street and West 29th Street and the alleyway between 4th Avenue and 5th Avenue to install groundwater monitoring wells. 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 January 11, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 11, 2021 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO GEOLOGICAL SERVICES & CONSULTANTS FOR THE USE OF THE 4TH AVENUE RIGHT-OF-WAY BETWEEN WEST 28TH STREET AND WEST 29TH STREET AND THE ALLEYWAY BETWEEN 4TH AVENUE AND 5TH AVENUE TO INSTALL GROUNDWATER MONITORING WELLS SUMMARY: Attached is an application for a Revocable Permit submitted by Geological Services & Consultants. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Geological Services & Consultants is requesting to use the 4th Avenue right-of-way between West 28th Street and West 29th Street and the alleyway between 4th Avenue and 5th Avenue to install groundwater monitoring wells as regulated by the Colorado Department of Labor and Employment, Division of Oil and Public Safety. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent installation of the groundwater monitoring wells. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Site Plans re: Resolution 14538 Reception 2209828 01/22/2021 REVOCABLE PERMIT -y N k o—w '6 o Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation,(the "City"),the N N m City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the E-AN provisions herein contained and the Permittee's compliance therewith: " m 37 W N 1. Name,Address and Telephone Number of Permittee: Geological Services& Consultants,2185 Executive mm Circle,Colorado Springs,CO 80906(719)579-8066 oN 2. Permitted Area:4th Avenue between W 29th Street and W 28th Street and alleyway between 4th Avenue and m1.11 5th Avenue = m 3. Purpose of Revocable Permit: To install groundwater monitoring wells o 3 4. Authorized Improvements: groundwater monitoring wells T o a 5. Commencement Date: January 11 2021 Time: N/A tiK m 6. Ending Date: Indefinite Time: N/A _am 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, including the groundwater monitoring wells, as 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,this Permit and applicable law. Permittee expressly acknowledges and shall comply with all obligations it may have under Article 1.5 of Title 9 of the Colorado Revised Statutes,and the City shall have no obligations with respect to notification of the existence of the Improvements with respect to any excavation conducted in or around the Permitted Area or otherwise. Consistent with and in further clarification of paragraph(1),Permittee expressly acknowledges and agrees that City shall have no responsibility or liability for any damage or injuries to the Improvements resulting from any excavation conducted in or around the Permitted Area whether done by the City, its officers,employees,agents or unrelated third party. (c) Reserved. (d) Reserved. (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. (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an Underground encroachments(with insurance)(3/9/20). 2209828 01/22/2021 02:25:37 PM Page: 20 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co ■III KIWI Nig«'Ifi Ktill'AN iii II iAN.ri'hi,A14, 11111 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 I 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 above paragraph(h);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(0 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 A'rh day of aGc14/6 G,/ ,20 aO . PERMITTEE: Organization: C1CU1oL9 C. 9-r-_CSS (0 1 S (-. l'4,1-3By: 6- 'L,.0 Title: SL SGI&117f/- STATE OF COLORADO ) COUNTY OF LO l ss Nl� The foregoing strumentt was acknowledged before me the \--iti-N day of Q L'I b 'r ,20Q by \'e b Nn Cnet.i\; 1�C j �1..�1 C� C6nSU 1-Et111t--s as My commission expires: .. • .<' . / [SEAL] / 1 •MIKAYi_AANNE SNIDER Notary 'ublic NOTAP 7' PUBLIC STA1 a (:ti LORADO NOTt t` 04011169 APPROVED this / day of acia.4,4.,2,y ,20a l I. MY COMM m 1•i t_;0312012024 PUEBLO, a Municipal Corporation / By i� icradisar, Mayor Underground encroachments(with insurance)(3/9/20). N A 8 2 24 z icu) , 2 i w W .. w i 3 µ, o W it t,-,r I V ;j q 0 ��VtO ./, C 2 , e k 3 a W O o a 8 `L X W O O L, O =egRZ m u C.7 , i. Or i .:,: . 1, 0 ; K 0 g it d J o2 i y() ( ------ 0 3nN3AV HIP � F ww i 11 ii p.W 0 a . N 11 ii 111 . 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