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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 I !.. 4 A pl * i I 01 9 2 2 1 1 rr 1 ii A E L4" FI •Vg 6 i 1 ; '-- 81 iff1-401"%•,,41 I9 = o R 1 1 r 1 1 kka.. 0 • co E 6 IX ktki0 I tra .... ....a ...... ...0 i 1 k\k*kl ' . \VtA.41 I , , I 1 'i 1°' a 1.... i , I 1 i a , i 1 ‘i..k 1\90 II - : ,:-.4 PI- 11 - *It, - Ilk 11111 */1: I All ,,,-•^' i 111 11! : 4+ 'If; , s, «7. 114 ,101011. 11110k 1 ' 4 P• ' I , ..,W3 Z %V"1, I I!W ill *„.......e 1 ikt, 7111 41,141' 4 11 41 I All ... . -_--- .4 'ft 4 'Ng 441 Fc.41 ‘, 4 ',. 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