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HomeMy WebLinkAbout14735 RESOLUTION NO. 14735 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO DJ INVESTMENT HOLDINGS, LLC DBA THE OASIS, FOR THE USE OF THE PUBLIC RIGHT OF WAY AT THE CORNER OF DIVISION AVENUE AND EAST EVANS AVENUE FOR THE PURPOSE OF OPERATING A SIDEWALK CAFÉ BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to DJ Investment Holdings, LLC DBA The Oasis, for the use of the right of way adjacent to 1501 East Evans Avenue, for the purpose of operating a sidewalk café. 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-9 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 DJ INVESTMENT HOLDINGS, LLC DBA THE OASIS, FOR THE USE OF THE PUBLIC RIGHT OF WAY AT THE CORNER OF DIVISION AVENUE AND EAST EVANS AVENUE FOR THE PURPOSE OF OPERATING A SIDEWALK CAFE SUMMARY: Attached is an application for a revocable permit submitted by DJ Investment Holdings, LLC DBA The Oasis PREVIOUS COUNCIL ACTION: None. BACKGROUND: DJ Investment Holdings, LLC DBA The Oasis, has requesting the use of the right of way adjacent to the 1500 Block of East Evans Avenue and the 400 Block of Division Avenue to install a sidewalk café. 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 sidewalk café. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit Letter of Intent, Certificate of Liability, Drawing re: Resolution 14735 Reception 2249730 10/26/2021 02:20:19 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: I. Name,Address and Telephone Number of Permittee: DJ Property Management 1501 E. Evans Avenue 719-289-0306 2. Permitted Area: North side of business along Division Street 3. Purpose of Revocable Permit: Sidewalk Cafe 4. Authorized Improvements: 5. Commencement Date: 10/01/2021 Time: 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: (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 he 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. tel If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall he subject to all the provisions. conditions and requirements contained in section 9-10.84 of the Pueblo Municipal Code, or as same may he 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) It 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 he forfeited to the City if Permittec 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. (t7 Permittee shall keep all Improvements and Permitted Area in good.clean and safe condition and repair, free from litter, waste and debris. (gl 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. (hl Neither this Permit nor any of the privileges granted to Permittee hereby. may he 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 2249730 10/26/2021 02:20:19 PM Page: 2 of 2 R 18,00 0 0.00 T 18.00 Gilbert Orsi.'. Cleri ecorder, PtJeblo County, Co II"I I�t .r11'�I d�V#t�'1�4 fIfr KIN*MCL 11111 lit Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts nnts not less than S I.000.(NX).(111 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 he protected from damage or injury by Permittee and shall not he removed except after receipt by the Permittee()Idle written consent of the City's Director of Parks and Recreation. (kJ Any notice or other document required or permitted herein shall he in writing and delivered personally or by first class mail. postage prepaid.as follows: it If to Permittee.at the address shown in paragraph I above. (ii) If to City_ I City Hall Place.Pueblo,Colorado,1{1($13. 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 tk1. ill City reserves and is hereby granted by Permittee access to, under and through the Permitted Area Circ any and all purposes. ('ity may injure, damage or remove any and all I'ermittee'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 Permittees Improvements within the Permitted area- and City shall have no responsibility or liability for any damage or injuries thereto. whatsoever the cause, including, hut not limited to. the acts or omissions of City, its officers.employees.or agents. tm1 Ibis Permit shall terminate upon the occurrence of any one of the following events: Ii) the lime of the Ending Date, tis) abandonment or non-use by Permittee for a period of three(3 t consecutive months.(MI surrender or cancellation of the Permit in writing by Permittee. (ivI automatic revocation as provided in paragraphs (hi and ti) shove: or(5) revocation or termination of this Permit by resolution of the ('its Council of City. the termination of this I'ermit shall not relieve Pennittee from I'ermittee's obligations under paragraph Ill until the Authorized Improvements have been removed by Permittee in compliance with paragraph(el. Int Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of('its, in its sole discretion, tut any reason or no reason,at anytime. without liability to City, and without notice to or hearing bs Permittee. Permittee waives any, and all right or claim to such notice, hearing,and liability of the City. w +U► �/ Signed in Pueblo,Colorado this 27 day of , ,0 a PER M TT F1 Organization' 'PS nr" c*-'r4 ••- rte [3v: Title: ©w Aft.f STATE OF COLORADO COUNTI hcl Y oi)E PUEBLO I ss1111 g nig instrument was acknowledged before me the 22 day of (./ . 20 ( by ls•c•<...\Nr. as V ....r,Aker"— My ,rMy commission expires: it Zb ' Notary uhlic VINCE PETKOSEK NOTARY PUBLIC STATE OF COLORADO APPROVED this // day of/O .200rtn. NOTARY ID 20214034034 11.1111.0, a Municipal Corporation MY COMMISSION EXPIRES MOMSWalele*Y Fay .‘&14;10/ NicholasA. uradisar, Mayor CA 6/7!17 Letter of Intent Owner:David Jaramillo Business Name:The New Oasis Address: 1501 E.Evans Ave. Pueblo,Co 81004 Recipient Name:Michael Barela Business Name:City Of Pueblo Address:210 E D Street Pueblo,Co.81008 I am applying for a Revocable Permit for a Sidewalk cafe to extend on north side of The New Oasis.The permit will allow additional outside setting for customers.Patio will have additional 6 tables and 24 chairs for outside setting including service equipment if needed. Three trash containers will be out in Cafe Patio to control the litter.The patio will have two exits from the Patio Café.This will help to insure the public fire lane has adequate access into and egress from the property. Please refer to the diagram for measurements and layout of tables for the cafe Patio. David Jaramillo ►4.4 F r - "'I 1 v.)c.v.s Patio S 7k Sidewalk Cafe d cr $3- I Removable D 1 1 d" Gate E P .1/ 0 P In W as _ —1 -rt 1 �1 I7, A iN. IT i a - r L v. i"- 1 CTp c, 1-r --0 K Patio ,;,