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Home My WebLink About14733RESOLUTION NO. 14733 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE SENATE, LLC FOR THE USE OF THE SOUTH GRAND AVENUE RIGHT-OF-WAY FOR AN OUTDOOR SERVICE AREA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to The Senate, LLC for the use of the South Grand Avenue right-of-way directly in front of 219 South Grand Avenue for an outdoor service area. 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. This Resolution shall become effective immediately upon passage and approval. INTRODUCED October 12, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 12, 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 THE SENATE, LLC FOR THE USE OF THE SOUTH GRAND AVENUE RIGHT-OF-WAY FOR AN OUTDOOR SERVICE AREA SUMMARY: Attached is an application for a revocable permit submitted by The Senate, LLC. PREVIOUS COUNCIL ACTION: The Senate LLC was previously granted a temporary revocable permit for an outdoor service area. BACKGROUND: The Senate, LLC request to utilize the right of way adjacent to South Grand Avenue directly in front of 219 South Grand Avenue to establish a temporary outdoor service area. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will cause the temporary outdoor service area to be removed from the right-of-way. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit Letter of Intent, Certificate of Liability, Drawing REVOCABLE PERMIT Pursuant to the authority granted by Section I6-9 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: L Name, Address and Telephone Number of Permittee: The Senate EEC. 219 S. Grand Avenue, Pueblo CO 81003 719-251-4658 2. Permitted Area: Right of way in front of 219 S. Grand Avenue 3. Purpose of Revocable Permit: Outdoor service area 4. Authorized Improvements: NA 5. Commencement Date: 104)1'2021 Time: 08:00 6. Ending Date: indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE "PERMIT") REPRESENTS. WARRANTS AND AGREES: tat l'he Permitted Area shall he used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall he made hefore the time of the Commencement Date. h) All structures. fences.tables.chairs.equipment or other improvements authorised to he 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. te) It the Resocahle Permit is issued torr a sidewalk cafe. the Permittee and sidewvalk cafe shall he subject to all the provisions. conditions and requirements contained in section 9-I(1-84 of the Pueblo Municipal ('ode. or as same mak he amended. ss ilia are incorporated herein by reference. In addition, no Improvement 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. Id) If this Permit is issued liar the use of the public right-of-way for a special event. Permittee shall deposit with the City the sum of '500.0(1("Deposit''). I 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 fine of the Ending I)ate. If so timely removed and cleaned. the Deposit will he returned to Permittee. (e) Rehire the I inac of the Ending Date. or immediately upon any other termination of this Permit. Permittee shall. at Permittees expense. remove all of Permittees Improvements from the Permitted Area and clean and restore the Permitted .'Area to its original condition. Failure to timety rernove 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. reams e 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. (f1 Permittee shall keep all Improsetnenu and Permitted :Area in good.clean and sale condition and repair. free from litter. waste and debris. 1g) Pertnittee shall indemnif'.defend and hold City. its officers.agents and employees harmless from and against any and all suits. claims. liabiIitICS, loss.damages and expenses. including reasonable attorney tees and cost of defense. arising.directly or indirectly.from or caused by the issuance()I'this Permit or the conditions hereof.or the existence. construction. installation. repair or maintenance of'the Improvements in the Permitted ;Arra. or the use of the Permitted Area or Improvements by Permittee. its officers. agents. employee.. ink)tees or general public. IhI Neither this Permit nor um of the privileges granted to Permittee hereby. may he cotis e>ed. assigned. transferred or sublet by Permittee without the prior written consent of the City Council of(its. Any attempted conveyance. assignment, transfer or subletting of the Permit or Permitted ,Area yv ithout the written consent of the City Council of Pueblo shall he u oid and of no effect and shall cause this Permit to he automatically revoked. CA -6:7,1 7 til Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts riot less than SI.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 he delivered to the City. Failure to maintain such insurance shall cause this Permit to he automatically revoked. 01 frees. landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not he removed except alter receipt by the Permittee of the ss ritten consent of the City's I)irector of Parks and Recreation. (kr Any notice or other document required or permitted herein shall he in writing and delis ered personally or by first class mail. postage prepaid.as MI loss s: (ii If to Permittee.at the address shown in paragraph I above. (ii1 It'to City. I City Hall Place. Pueblo.Colorado.81003. Attention: Revocable Permit Review Committee. loch party reserves the right to change its address provided notice of such change is given in accordance ss itb this paragraph(kt. ill Cits reserves and is hereby granted by Permittee access to. under and through the Permitted Area for ally and all purposes. City Inas injure, damage or remove any and all Permittce'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 Pernriuec's Improvements within the Permitted area. and City shall have no responsibility or liability for any damage or injuries thereto. ss hatsoes en the cause. including. hut not limited to. the acts or omissions of City.its officers.employees.or agents. tint I Permit shall terminate upon the occurrence of any one of the firllossing events: Ii) the lime of the Ending bate. Iii abandonment or non-use by Permittee tier a period of three Or consecutive months.tin)surrender or cancellation of the Permit in writing hs Permittee. (is) automatic revocation as provided in paragraphs Iht and (i1 above: or is l revocation or termination of this Permit by resolution of the City Council of City. fhe termination of this Permit shall not relieve Permittee from Pennittee's nhligations under paragraph(11 until the Authorized Improvements have been removed hs Permittee in compliance ssith paragraph tel. (tit 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. or any reason or aro reason. at any time. without liability to City,and ssithout notice to or hearing by Permittee. Permittee souses any and all right or claim to such notice. hearing.and liability of the City.z Signed in Pueblo.Colorado this / C) day of ('' ' , O 2.-I PE:RMI ITEL:: 5 LC—C., Organ izat i9p: .�" } By. +t. Title: 4i,tYp STATE OF COLORADO ) COUNTY OF PUEBLO I ss The turegoinu instrument seas acknowledged before me the ��,�h day of —`�P' �M��' i� 20 by 1/.//N.— Crti..CCa_ as ---/Ymen^LLCk__./SerCz-c--- My commission expires: C..7).4.A.,....4 t, c.9 , c. 1 u)el I SEA I- I TAMMY A.MARTINEZ NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20164028200 MY COMMISSION EXPIRES 0712012024 �� APPROVthis / )" ED day ofge7,441. ,2002f. PUEBLO_a Municipal Corporation Lav gNicas . radjsar. Mayor CA 6:7"17 I i ( I i1 I V‘!...,.. . I I t jj__ ; 71� ...� t- I t - i 1 ; r.. .„,.. , I . J„ .. , . i , , r S'i ..4 • 3 a ...... ,.___.. H 1 , 4.. , ._ f � 1. "Illt :- - .i a 0 -, ,, f . A. Al ...._ UA - v) V) _. '_ t .i T.‘, . 1. E I ut I II L _ 41 , ' . ' �_ . i - - . . -. ,- 1 .� i - , ., i 1 1 iiirr i ; Jam_. 1 .se ' 3c ii olf { I i 11111 ; f , ` _. _._.�..�. , ,. , _ - �.. . j, � -4 • ii i x ; 1 , ► ,, ; H I __ �- f , i. . 1 t 4 1 f is , LL M . f ; H i __ i_ ,I i - t 1 I . i 1 4 _ ) ( { Prc5 POSLc1