HomeMy WebLinkAbout14863RESOLUTION NO. 14863
A RESOLUTION AMENDING A REVOCABLE PERMIT
ISSUED TO EL CAMINO HOMEOWNERS ORGANIZATION,
INC., A COLORADO NONPROFIT CORPORATION UNDER
RESOLUTION 14585 FOR INSTALLATION OF ADDITIONAL
IMPROVEMENTS IN BRIDLE TRAIL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Revocable Permit issued to El Camino Homeowners Organization, Inc., A Colorado
Nonprofit Corporation under Resolution 14585 is authorized to be amended in accordance with
the attached Amendment to Revocable Permit for the installation of improvements in the center
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 Revocable Permit, as amended.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts consistent with
the intent of the Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon final approval.
INTRODUCED: April 25, 2022
BY: Dennis E. Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-8
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: April 25, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew E. Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AMENDING A REVOCABLE PERMIT ISSUED TO EL
CAMINO HOMEOWNERS ORGANIZATION, INC., A COLORADO
NONPROFIT CORPORATION UNDER RESOLUTION 14585 FOR
INSTALLATION OF ADDITIONAL IMPROVEMENTS IN BRIDLE TRAIL
SUMMARY:
This Resolution amends a revocable permit that was previously issued to El Camino
Homeowners Organization (“ECHO”) for the installation of a center island constructed on
Bridle Trail. The amendment updates the permit to allow ECHO to install a neighborhood
monument sign and landscape lighting at the entrance to the community. The sign and
lighting will be fabricated, installed, and maintained at ECHO’s expense.
PREVIOUS COUNCIL ACTION:
City Council approved the issuance of a revocable permit for installation of the center
island and other improvements on Bridle Trail under Resolution No. 14585 on April 12,
2021.
BACKGROUND:
ECHO has requested an update to their revocable permit to allow for the installation of
additional neighborhood beautification improvements in the center island constructed
within the Bridle Trail right-of-way. Additional improvements include; new neighborhood
monument sign and landscape lighting. All improvements installed under the permit will
be maintained at ECHO’s expense.
FINANCIAL IMPLICATIONS:
Not applicable to this resolution
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this resolution.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
ECHO will not be permitted to install the proposed improvements in the island without
approval of this revocable permit amendment.
RECOMMENDATIONS:
Approval of the Resolution.
Attachments:
Proposed Resolution
Proposed Amendment to Revocable Permit
FIRST AMENDMENT TO REVOCABLE PERMIT AGREEMENT
THIS FIRST AMENDMENT TO REVOCABLE PERMIT AGREEMENT ("Amendment") is
made and entered into as of April 25, 2022 (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").
WHEREAS, City Council authorized the issuance of a Revocable Permit to ECHO on April
12, 2021, under Resolution No. 14585 ("Revocable Permit") for the purpose of installing a center
median island and other improvements in the right-of-way along Bridle Trail between Alhambra
Drive and La Vista Road; and
WHEREAS, ECHO has requested to amend the Revocable Permit Agreement to allow for
the installation of additional improvements including a neighborhood memorial sign and
landscape lighting ("Additional Improvements") as shown in Exhibit 1A, attached hereto;
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:
FIRST AMENDMENT TO REVOCABLE PERMIT AGREEMENT
1. City hereby amends the Revocable Permit solely for the purpose of allowing the Additional
Improvements.
2. Section 1.2 is amended to read as follows:
1.2. Purpose of Revocable Permit: Traffic safety, neighborhood beautification, and crime
prevention.
3. Section 1.3 is amended to read as follows:
1.3. Authorized Improvements: Installation of center median island, security camera,
landscaping, lighting, and neighborhood monument sign as shown on Exhibit 1A.
4. Section 4 is amended to read as follows:
4. ECHO shall pay for all costs associated with installation, traffic signage, pavement
markings, maintenance of the Island, the security camera, and all installed improvements
within the permitted area.
5. With respect to all provisions and sections of the Revocable Permit, the term "Improvement"
shall include the center median island, security camera, landscaping, lighting, and
neighborhood monument sign as shown on Exhibit 1A. The Additional Improvements shall
be subject to all the terms and conditions of the Revocable Permit.
6. Exhibit 1 is deleted in its entirety and replaced with Exhibit 1A, attached hereto.
7. Nothing contained herein shall be relied upon or construed as restricting, waiving or
otherwise limiting ECHO's obligations, liabilities and limitations including termination set
forth in the Revocable Permit, and ECHO acknowledges and agrees that the Revocable
Permit, as herein amended, is and remains temporary and subject to revocation or
termination by resolution of the City Council of Pueblo, in its sole discretion, for any reason
or no reason, at any time, without liability to the City of Pueblo. ECHO hereby waives any
and all right or claim to such notice or hearing, and hereby releases the City of Pueblo from
any and all liability in connection therewith.
Executed at Pueblo, Colorado, effective the day and year first above written.
CITY OF PUEBLO, CO
A Colorado Municipal Corporation
By:
ichor sar, Mayor
ATTESTED BY: 47A
9Th
CIT ERK
EL CAMINO HOMEOWNERS ORGANIZATION, INC.
A Colorado Nonprofit Corporation
By:
Kurt Madic, Treasurer
5. With respect to all provisions and sections of the Revocable Permit,the term "Improvement"
shall include the center median island, security camera, landscaping, lighting, and
neighborhood monument sign as shown on Exhibit 1A. The Additional Improvements shall
be subject to all the terms and conditions of the Revocable Permit.
6. Exhibit 1 is deleted in its entirety and replaced with Exhibit 1A, attached hereto.
7. Nothing contained herein shall be relied upon or construed as restricting, waiving or
otherwise limiting ECHO's obligations, liabilities and limitations including termination set
forth in the Revocable Permit, and ECHO acknowledges and agrees that the Revocable
Permit, as herein amended, is and remains 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 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.
Executed at Pueblo, Colorado, effective the day and year first above written.
CITY OF PUEBLO, CO
a Colorado municipal corporation
By:
Nicholas A. Gradisar
Mayor
ATTESTED BY:
CITY CLERK
EL CAMINO HOMEOWNERS ORGANIZATION, INC.
a Colorado nonprofit corporation
By:
Kurt Madic
Treasurer
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