The URL can be used to link to this page

Home My WebLink About14701RESOLUTION NO. 14701 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BY THE RIO, LLC FOR THE USE OF THE RIGHT OF WAY ON THE SOUTHEAST CORNER OF SANTA FE AVE AND CITY CENTER DRIVE FOR RELOCATION OF THE CARL’S JR SIGN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to By The Rio, LLC for the relocation of the sign for Carl’s Jr. within the right of way at 102 South Santa Fe 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 authorized to perform any and all acts consistent with the intent of this Resolution to implement 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 13, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 13, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BY THE RIO, LLC FOR THE USE OF THE RIGHT OF WAY ON THE SOUTHEAST CORNER OF SANTA FE AVE AND CITY CENTER DRIVE FOR RELOCATION OF THE CARL’S JR SIGN SUMMARY: Attached is an application for a revocable permit submitted by By The Rio, LLC. PREVIOUS COUNCIL ACTION: None. BACKGROUND: By the Rio, LLC is requesting the use of the right of way on the southeast corner of Santa Fe Avenue and City Center Drive to relocate the sign for Carl’s Jr. located at 102 South Santa Fe Avenue. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will require the sign to be installed in a different location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map re: Resolution 14701 Reception 2245000 09/23/2021 03:54:20 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 Pennittee's compliance therewith: L Name. Address and Telephone Number of Permittee: By the Rio,I.LC 366 Camino De los Ranchos. Pueblo West,CO 81007 719-252-9494 2. Permitted Area: Right of way on the Southeast corner of Santa Fe Avenue and City Center Drive. 3. Purpose of Revocable Permit: To install business sign. 4. Authorized Improvements: N/A 5. Commencement Date: August 31 2021 Time: 6. Ending Date: Indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRAN TING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE "PERMIT") REPRESENTS, WARRANTS AND AGREES: (a) I'he Permitted Area shall he used for the ahose-specified Purpose of Rey()cable Permit. No use of the Permitted Area shall he made before the time of the Commencement Date. lb) All structures, fences, tables.chairs.equipment or other improvements authorised to be placed in the Permitted Area by Permittee (the "Improvements") shall he 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 cats. the Permittee and sidewalk cafe shall he subject to all the provisions. conditions and requirements contained in section 9-I()-84 of the Pueblo Municipal Code. or as same may he amended. which are incorporated herein by reference. In addition. no Itnproyement shall he 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. (di If this Pernmit is issued for the use of the public right-of-way for a special event. Permittee shall deposit with the Cite the sum of 5500.00("Deposit"). t he Deposit will he 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 Lime of the Ending Date. If so timely removed and cleaned. the Deposit will he returned to Permittee. le) Before the lime of the Ending I)ate. 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 Permittees Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittees 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 C'ity's costs and expenses. including reasonable attorney tees, incurred in the enforcement of this Permit. (fl Permittee shall keep all Improvements and Permitted Area in good.clean and safe condition and repair. free from liner, waste and debris. tg) Permittee shall indemnify.defend and hold City. its officers, agents and employees harmless trout and against any and all suits. claims. liabilities, loss.damages and expenses. including reasonable attorney fees and cost of defense.arising.directly or indirectly. front 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 Improyerments by Permittee. its officers. agents. employees. invitees or general public. (h1 Neither this Permit nor any of the privileges granted to Permittee hereby. may he cons eyed. assigned. transferred or sublet by Permittee without the prior yvritten consent of the City Council of City. Any attempted cony eyancc. assignment_transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall he void and of no effect;Ind shall cause this Permit to he automatically revoked. CA - 6,'717 2245000 09/23/2021 03:54.20 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co • X11114!rdrCkiii1141VIIV.kill't4Grr :V,PtIKO: 11.'14 111111 (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) !Ito Permittee,at the address shown in paragraph I above. (ii) If to City, I 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). (I) 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 Pcmtittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. l'ermittee 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 Hollowing events:(it the lime ot'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:(v revocation or termination of'this Permit by resolution of the City Council of City:or(vi) revocation by the Mayor as provided in paragraph(p). 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(c). In) 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. Pennittee waives any and all right or claim to such notice.hearing,and liability of the City. (o) Permittee acknowledges and agree that use of the Permitted Area shall he conducted in compliance with applicable laws and regulations including but not limited orders.regulations and directives issued by the Governor,Colorado Department of Public Health and Environment and the Pueblo County Department of Public Health and Environment with respect to C•OVID-19 ("COVID-19 Regulations"). Seven days prior to Commencement Date, Permittee shall submit in writing to the Revocable Permit Review Committee those actions Permittee shall take to assure protection of the public health and compliance with('OVID-19 Regulations. (p) Permittee further acknowledges and agrees that this Permit is temporary and subject to revocation or termination if the purpose of the permit or any potential activities to be conducted under the Permit is determined by the Mayor of City.in his sole and absolute discretion.to not he in furtherance of andior contrary to the public health or welfare due to COVID-19 or related issues. Such determination and termination may be issued at any time. 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. (q) Nothing in this Permit shall be interpreted to limit or prevent the protections afforded to City under the Colorado Governmental Immunity Act, C.R.S. o}24-10-101.et seq. Signed in Pueblo,Colorado this � day of A {rib l„( PLRMI I I t l.. j Organization r ( ` vv Title: 1l� l~~''� ..� STATE OF COLORADO ) COUNTY OF PUEBLO )ss The foregoing instrument was acknowledged before me the � day of �sA 20- by 1\\Cdt-NatVliat ;int as • My commission expires: 111 ISEAf. I Ji ' '` RACHEL LEANN MCFARLAND Notary Public NOTARY PUBLIC STATE OF COLORADO APPROVED this J day o C al of A ,�, - 24_11./ NOTARY ID 20204012426 PUEBLO.a Municipal Corporation -- - My Commission Expires April 1 2024 •• By Nlas, . iradisar, Mayor Covid-I9 Letter of Intent We plan to put our Street sign up for Cad's Jr.The location was agreed to between the city of pueblo representatives and myself once in 2019 and again in 2021.The sign itself will be the exact same height and size as the old one and will feature the Carl's Logo the word Carts Jr. and have a small changeable reader board below the main sign. The location will be very near the front City Center Drive entrance to the property. If there are more detailed questions feel free to call me 719-252-9494 Thanks Nathan Garrett Owner By the Rio LLC CZ 133HS 33S1 It OS+S NUS HOLYPI ,i., in 1.• ER we r- _ �� 1 I i Minlilli loill113% ►�i Jr"i tai 1—^ ......."..... 0. 'art iii; "'a o i�/ " --- 1 1111 .., o�m ,.a it 1p 'i $a g '�1;t la 1131N33 Allaim II 1 i ti , — — Li i i3 2. tim, 1.4� � � .a b u 114111r, , — lip I.-) - �� ®N �::. :moi .. ;,, _ �a (.."� Pr .74 IIMt in _ -a o il 1 lg.i E'“' e els ilqi �� - ! _ii U il- c..)Ri I AI .._. 0 a o 51! n r I _ c m cn o Fe — c co L • R. i0 d 5 i d!- r \ E N ci 3 g- o 1II E L t0 a — tu at M d .`_ �:.. 1 _ 0 m o 0 t : / X us E 5 M o H 91v8 S/X7 1001 l t i ^ r. - - - t�i a i i �_ ,-- Fj i _ _ _ - j 1 i g '80