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HomeMy WebLinkAbout14585 RESOLUTION NO. 14585 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EL CAMINO HOMEOWNERS ORGANIZATION, INC., A COLORADO NONPROFIT CORPORATION FOR THE USE OF BRIDLE TRAIL BETWEEN ALHAMBRA DRIVE AND LA VISTA ROAD TO INSTALL A SECURITY CAMERA AND CENTER MEDIAN ISLAND BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to El Camino Homeowners Organization, Inc., a Colorado Nonprofit Corporation, for the installation of a security camera and center median island within Bridle Trail between Alhambra Drive and La Vista Road. 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 authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED April 12, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Belinda Kimball, Acting City Clerk FROM: Andrew E. Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO EL CAMINO HOMEOWNERS ORGANIZATION, INC., A COLORADO NONPROFIT CORPORATION, FOR THE USE OF BRIDLE TRAIL BETWEEN ALHAMBRA DRIVE AND LA VISTA ROAD TO INSTALL A SECURITY CAMERA AND CENTER MEDIAN ISLAND SUMMARY: Attached is a revocable permit submitted by El Camino Homeowners Association, Inc. PREVIOUS COUNCIL ACTION: None. BACKGROUND: El Camino Homeowners Organization, Inc. is requesting the use of Bridle Trail between Alhambra Drive and La Vista Road to install a security camera system in a center median island to be constructed and installed at El Camino Homeowners Organization’s expense. Operation and maintenance of these improvements will also be the responsibility of the organization. The security system will enhance other security efforts to mitigate illegal activities that occur within the El Camino neighborhood. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will preclude the El Camino Homeowners Organization from installing the security camera system and center median island. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Site Plans, Material Specification Information REVOCABLE PERMIT AGREEMENT THIS REVOCABLE PERMIT AGREEMENT ("Agreement") is made and entered into as of April 12, 2021 (the "Effective Date") by and between the City of Pueblo, a Colorado municipal corporation (the "City") and the El Camino Homeowners Organization, Inc. a Colorado nonprofit corporation ("ECHO"). City and ECHO are sometimes referred to herein as a "Party" and, collectively, as the"Parties." NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and pursuant to authority set forth in Sec. 16-9 of the City Charter, City and ECHO agree as follows: REVOCABLE PERMIT 1. City hereby grants the following revocable permit to ECHO subject to and conditioned upon the provisions herein contained and ECHO 's compliance therewith: 1.1. Permitted Area: The area across Bridle Trail and between Alhambra Drive and La Vista Road in the El Camino subdivision in the City. as shown on the Site Plan, marked as Exhibit 1, attached hereto and incorporated herein by reference. 1.2. Purpose of Revocable Permit: Traffic safety and crime prevention. 1.3. Authorized Improvements: Installation of center median island and security camera. 1.4. Commencement Date: Effective date of this Agreement. 1.5. Termination Date: December 31, 2021. This Agreement shall automatically renew on January 1st of each year, on a year-to-year basis (unless terminated sooner pursuant to Paragraphs 14 and 15 of this Agreement). 2. The Permitted Area shall be used solely for the above-specified Purpose. 3. All improvements, including but not limited to the center median island ("Island") and the security camera and equipment or other structures authorized to be placed in the Permitted Area (the "Improvements") shall be constructed, installed, and maintained by ECHO in compliance with all applicable codes, ordinances, rules and regulations of City and in conformance with the Site Plan (Exhibit 1). The Island design shall be professionally engineered and shall be constructed by a local bonded and insured contractor. 4. ECHO shall pay for all costs associated with installation, traffic signage, pavement markings, and maintenance of the Island and the security camera. 5. ECHO shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. 1 6. ECHO 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 the costs of defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereto 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 ECHO, its officers, agents, employees, invitees or the general public. 7. Neither this Permit nor any of the privileges granted to ECHO hereby, may be conveyed, assigned, transferred or sublet by ECHO without the prior written consent of the City. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City shall be void and of no effect and shall cause this Permit to be automatically revoked. 8. Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be installed, maintained and protected from damage or injury by ECHO and shall not be removed except after receipt by ECHO of the written consent of the City's Director of Parks and Recreation. ECHO shall maintain all Island illumination as well as all landscaping to the standards specified by the City. SECURITY CAMERA 9. The Island shall include and ECHO shall install and maintain a solar based security camera with license plate reading technology connected to a twelve (12) foot high pole which shall be constructed in compliance with FHWA"breakaway"specifications. The security camera shall be installed and maintained in compliance with the Flock Safety specifications, marked and attached hereto as Exhibit 2 and hereby incorporated herein by reference. ECHO shall also install and maintain signage near the Island indicating twenty-four(24) hour surveillance. 10. All video data collected and processed by the security camera system will be accessible only by the City's Police Officers (ranked Sergeant or above) and Flock Safety personnel acting in their official roles as system administrators and technicians. Individual login/access credentials will be provided to each Pueblo Police Officer needing access to the system. ECHO agrees to pay all subscription and service costs associated with the camera security system and agrees to hold the City harmless from the payment of same. 11. ECHO shall keep video and other data from the security camera confidential and shall not disclose such information to any third parties, except the City's Police Department. Any violation by ECHO of the requirements contained in this paragraph shall cause this Permit to be automatically revoked. 12. In the event that any of the installed Improvements or security camera equipment are damaged by a human-caused accident (including motor vehicle accidents) by a criminal act (e.g. vandalism, arson, etc.) or by a natural hazard (e.g. wind, snow, ice, rain, flood, etc.) ECHO agrees, at its sole expense,to make the necessary repairs to restore the Island and security camera to the condition existing prior to the damage and in accordance with the requirements of the Site Plan (Exhibit 1); the Flock Safety specifications (Exhibit 2) and in compliance with all applicable codes, ordinances, rules 2 and regulations of the City. MISCELLANEOUS PROVISIONS 13.. Notices. Any notice required or permitted to be given or delivered under this Agreement shall be in writing and shall be given by personal delivery, or by the United States Postal Service, by registered or certified mail, postage prepaid, or reputable national overnight courier service: (a) If to City, addressed to: Mayor City of Pueblo 1 City Hall Place, 2nd Floor Pueblo, Colorado 81003 with a copy to: City Attorney 1 City Hall Place, 3rd Floor Pueblo, Colorado 81003 (b) If to ECHO, addressed to: ECHO P.O. Box 2042 Pueblo, CO 81004 or to such other address or person as any Party may from time to time specify in a writing delivered to the other Party in the manner provided in this paragraph. Any notice shall be deemed delivered on the day on which personal delivery is effected or three (3) days after deposit in the mail in the case of registered or certified mail, and one (1) business day in the case of overnight courier. 14. City reserves and is hereby granted access to, under and through the Permitted Area for any and all purposes. City shall not be held liable for any injury or damage to any and all ECHO's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. ECHO assumes the risk of injury, loss and damage to ECHO'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. 15. This Permit shall terminate upon the occurrence of any one of the following events: (i) abandonment or non-use by ECHO for a period of three (3) consecutive months, (ii) surrender or cancellation of the Permit in writing by ECHO (iii) automatic revocation as provided in paragraphs 7 and 11 above; or (iv) revocation or termination of this Permit by resolution of the City Council of City. The termination of this Permit shall not relieve ECHO from ECHO's obligations under this Agreement. 16. ECHO acknowledges and agrees that this Permit is temporary and subject to 3 revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at any time, without liability to City. ECHO hereby waives any and all right or claim to such notice or hearing, and hereby releases the City from any and all liability in connection therewith. 17. In the event of surrender, cancellation or termination of this Permit, ECHO agrees to remove all security camera equipment,fixtures and improvements of a detachable nature installed or placed upon the Permitted Area by ECHO. ECHO shall repair all damage to the Permided Area caused by such removal. The failure of ECHO to remove its equipment, fixtures and detachable improvements shall, at the option of City, be deemed an abandonment of such property and Crtymay dispose of such property, at ECHO's expense, in a manner as the City, in its sole discretion, may determine. 18. Anything to the contrary herein notwithstanding, in the event of any action or litigation arising out of this Agreement, the court shall award to the prevailing party all reasonable costs and expenses, including reasonable attorneys' fees. Exclusive venue and jurisdiction for any such litigation shall be in the District Court in and for Pueblo County, Colorado and to the maximum extent permitted by law, City and ECHO waive their rights to a trial by jury. 19. Liability of City. In no event shall the City, its officers, agents or employees be liable to ECHO for damages, including without limitation, direct, compensatory, punitive, indirect, special or consequential damages, resulting from or arising out of or related to this Agreement or the performance or breach thereof by the City. In consideration of the City entering into this Agreement, ECHO hereby waives and discharges the City, its officers, agents and employees from all claims for any and all such damages. In the event of a breach of this Agreement by the City ECHO's sole and exclusive remedy shall be to bring an equitable action for specific performance, but not damages. Executed at Pueblo, Colorado, effective the day and year first above written. CITY OF PUEBLO, CO a Colorado municipal corporation By: is ol� disar Mayor ATTESTED BY: hilAG36 11.1,41t13 CITY CLERK 4 EL CAMINO HOMEOWNERS ORGANIZATION, INC. a Colorado nonprofit corporation ^� qrn 41 By. Kurt Madic Treasurer 5 State of: Colorado County of: Pueblo Sworn to and subscribed before me on the 9th day of April ,20 21 HEATHER D COOK _ NOTARY PUBLIC Notary Public Signature bTATE OF COLORADO NOTARY ID 20064021383 MY"X MMISSION EXPIRES 06/28/2022