HomeMy WebLinkAbout14957RESOLUTION NO. 14957
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO ESA PUEBLO, LLC FOR THE USE OF
THE NORTH ELIZABETH STREET RIGHT OF WAY AT 6020
NORTH ELIZABETH STREET FOR THE PURPOSE OF
INSTALLING TREES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to ESA Pueblo, LLC for the
use of the right of way on North Elizabeth Street at 6020 North Elizabeth Street.
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 August 8, 2022
BY: Larry Atencio
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: August 8, 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 ESA PUEBLO, LLC FOR THE USE OF THE NORTH ELIZABETH STREET
RIGHT OF WAY AT 6020 NORTH ELIZABETH STREET FOR THE PURPOSE
OF INSTALLING TREES
SUMMARY:
Attached is an application for a revocable permit submitted by ESA Pueblo, LLC.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
ESA Pueblo, LLC requests to use the North Elizabeth Street right of way along the side of his
property at 6020 North Elizabeth Street. The intent is to meet the City’s the landscaping
requirements and to provide shade for their customers.
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:
Revocable Permit, Letter of Intent, Certificate of Insurance, Site Plan
Reception 2288195
08/18/2022 03:46:10 P11
re; Resolution 14957
lI II I
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: ESA, Pueblo LLC 1375 Remington Blvd, Suite E
Schaumburg, IL 60173 (630)774-6736
2. Permitted Area: 6020 North Elizabeth Street right of way
3. Purpose of Revocable Permit: Installation of parkway trees.
4. Authorized Improvements: N/A
5. Commencement Date: 06/30/2022 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,
rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café shall be 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. Permittee 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 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.
(f) 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 Permittee, its officers, agents, employees,
invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be 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
2288195 08/18/2022 03:45:10 PI"
Page 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz C!.=_rk/Recorder; Pueblo C,idnty. Co
■Ill A4!.r�!'1i J��!���i � ��4�'�lw, � rh'�4�A Na'�d�,�°�Yk���� 1141
1
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in
amounts not less than 51,000,000.00 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 he automatically revoked.
(j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be 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 1 above.
(ii) If to City, 1 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 Pennittee'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,hearing,and liability of the City.
paito .4, Ji
Tr' -�'
Signed in this 0day of v o ,20W .
PERMITTEE:
Organization: ESA Pueblo LLC
By:
7.lLt l( Title: �.. —
STATE OF L®RAD )
COUNTY )ss
The foregoing instrument was acknowledged before me the Og day of 7'J/l - , 20�< ley
•
My commi ,. —
FalilliCIA L GPeL1 /
[SEAL] OMlcial Seal ,c J t, I
Notary Public-State of Illinois Notary Public
Ay Conwilisslotalli.lras Jan 13,2414
•
APPROVED this 90 day of ,2042
PUEBLO,a Municipal Corporation
By
Nic Colas . Gradisar,May
CA—6/7/17
22893'2 03/.30/2022 01:31 :12 PM
Page: 1 of 1 R 13.00 D 0.00 T 13.00
Gilbert Ortiz Clerk1Re3order, Pueblo County Co
VIII k'rdigl'14II 111'1II`11 1.11 ilk'WW1 t'''IL iilitil i, 11 III
RELEASE
WHEREAS,the real property herein described is subject to the covenants,terms and conditions of
a Subdivision Improvements Agreement recorded in the office of the Pueblo County Clerk and Recorder
as follows: (the"Agreement")
Date of Recording Reception No.
November 20,2002 1470532
WHEREAS,all obligations under the Agreement with respect to the real property described herein
have been fulfilled.
NOW,THEREFORE,in consideration of the foregoing and other good and valuable consideration,
Pueblo, a Municipal Corporation, acting by and through its Director of Public Works pursuant to Chapter
4, Article XII of the Pueblo Municipal Code, does hereby release and discharge the real property herein
described from the covenants,terms and conditions of the Agreement.
The real property is located in Pueblo, Colorado and described as:
Pct,c.EI_ A 1 QI✓a2.cL.pr1%.1GEMENIT of Fizop tz ry 130 UODAtz.t ES,
eecoseDEo '"h NUAR! 2Z,Zap* At Zee-Epi ort IIo. 15h7 319
AKA 1611 f3014Fozre BLAt),
PUEBLO, A MU ICIPAL CORPORATION
Andrew Hayes, P.E.
Director of Public Works
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The above and foregoing instrument was acknowledged before me this 30th day of August, 2022
by Andrew Hayes, P.E. as Director of Public Works of Pueblo,a Municipal Corporation.
/
y commission expires: i �� !/ // ij_%�-/ /j'�fan , & app _ / :tary Publi 41/
GERALDINE JACQUELINE ROQUE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194043851
MY COMMISSION EXPIRES 11/20/2023
To Whom It May Concern:
The reason for the request of the revocable permit is to place required landscape trees from the
property into the City public right of way due to site constraints,according to Zoning Code Chapter 4,
Section 17-4-7, Landscape Performance Standards.
(3) Landscape Locations.
a. Landscape Setback Area.
3. On such sites where landscaping of the public right-of-way would comply with the general
intent of this Section, the transfer of the area requirements,or a portion thereof,from
within the property line to the public right-of-way may be approved by the designated
review agency;provided that:
a) The area measurement shall not be less than that required by Subparagraph
(b)(3)a.and shall comply with all other design standards and requirements of
this Section.
b) The general planning of the City, with particular respect to the transportation
system, will not be jeopardized.
c) Execution of a revocable permit between the City and the owner for the use of
right-of-way for the purpose of landscaping, with the owner accepting full
financial responsibility for all costs for the movement,replacement and
relocation of the landscaping thereon to the landscape setback should such
permit be revoked by the City.In cases where the City requests a tree-lawn with
a detached sidewalk that is located on property, a revocable permit shall not be
required.
The revocable permit is requesting the placement of a total of five trees into the public right of way tree
lawn area to fulfill the landscape requirement.Three trees were relocated from the landscape setback
on property to the public right of way tree lawn area due to the construction of the required ADA public
access sidewalk from public sidewalk to front entrance of building. In addition,two parking lot shade
trees were relocated to the public right of way tree lawn area due to 1) conflict of the ADA access
sidewalk located in a parking island and 2)conflict with utilities located in a parking lot island.All five
trees were located in the public tree lawn area on N. Elizabeth Street.
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q 8 "nQ 6020 North Elizabeth Str.et �. "F L Temple
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