HomeMy WebLinkAbout14876RESOLUTION NO. 14876
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO RON MAESTAS FOR THE USE OF
THE NORTH MONUMENT AVENUE RIGHT OF WAY AT 1601
NORTH MONUMENT AVENUE FOR THE PURPOSE OF
INSTALLING A RETAINING WALL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Ron Maestas for the use of
the right of way on North Monument Avenue at 1601 North Monument Avenue.
SECTION 2.
The use of the public right of ways 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
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 May 9, 2022
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 9, 2022
TO: President Heather Graham 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 RON MAESTAS FOR THE USE OF THE NORTH MONUMENT AVENUE
RIGHT OF WAY AT 1601 NORTH MONUMENT AVENUE FOR THE PURPOSE
OF INSTALLING A RETAINING WALL
SUMMARY:
Attached is an application for a revocable permit submitted by Ron Maestas.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Ron Maestas requests to use the North Monument Avenue right of way along the side of his
property at 1601 North Monument Avenue. The intent is to prevent the landscaping rock from
falling onto the sidewalk when there is rain or snow.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will cause the construction to be canceled.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Background Paper, Letter of Intent, Homeowners Insurance, Site Plan
re: Resolution 14876
Reception 2277121
05/16/2022 02:44:07 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: Ron Maestas 1601 N. Monument Ave. Pueblo CO 81001;
719-994-6318
2. Permitted Area: N. Monument Ave.right of way at 1601 N. Monument Ave.
3. Purpose of Revocable Permit: Installing a retaining wall
4. Authorized Improvements: N/A
5. Commencement Date: 04/13/2022 Time: 08:00 AM
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 be placed in the Permitted Area by Permittee
(the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances,
Hales and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café 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 be 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) If this Permit is issued for the use of the public right-of-way for a special event, Perminee shall deposit with the City the sum of
$500.00("Deposit"). The Deposit will be 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 Time of the Ending Date. If so timely removed and cleaned.
the Deposit will he returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit. Permittee shall, at Perrnittee'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 tees. incurred in the enforcement of this Permit.
(I) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter,waste and
debris.
(g) 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 Pennittee, its officers, agents, employees,
invitees or general public.
(h) 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.
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Page: 2 of 2 R 18.00 0 0 00 T 18.00
Gi.tert Ortiz Clerk/r?e rtier. Pueblo County, Co
VIII fgarf tlidii 'I+ll 1, al`tr it lit Cit 'rt, iiiiiittit 111 II 1
(i) Pennittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in
amounts not 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 be delivered to the
City. Failure to maintain such insurance shall cause this Permit to be automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall he protected from damage or injury by Permittee
and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.
(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) If to 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 Permittee'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 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 following events: (i) the Time of 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: or(v) revocation or termination of this Permit by
resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(n) 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. Permittee waives any and all right or claim to such notice,�cee,hearing,and liability of the City.
Signed in Pueblo,Colorado this .�s T* day of /�1�-/��C 20 2 e-
PERMITTEE:
Organi 'on:
By: c-,. 1 'k.C,-42-..5'74_5
Title: C VW r .0 C.
STA FE OF COLORADO )
COUNTY OF PUEBLO )ss
The /4fore
ssThefore oing instrument was acknowledged before me the ,c/S day of ��� 2 a by
as
My commission expires: ri,? ,4,7.. .
[SEAL] )C�
y{��L+ Lary Public
i Ir t • •A
ON
•• f ± •4 .O . ye
' .)�. vr;d a APPROVED this_ // day of 24.2..
PUEBLO,a Municipal Corporation/
By �t``�" 4i/o ' •
Nicholas . Ciradisar, Mayor
CA -6/7/17