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Home My WebLink About15999RESOLUTION NO. 15999 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV-25-15) TO JOHN MOSER FOR THE PURPOSE OF LANDSCAPING THE UNPAVED AREAS BETWEEN CURB AND SIDEWALK AT 2320 N. GRAND AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit (REV-25-15) to John Moser for the purpose of landscaping the unpaved areas between curb and sidewalk at 2320 N. Grand Avenue. 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 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: May 27, 2025 BY: Brett Boston MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ CITY CLERK City Clerk's Office Item # M10 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 27, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV-25-15) TO JOHN MOSER FOR THE PURPOSE OF LANDSCAPING THE UNPAVED AREAS BETWEEN CURB AND SIDEWALK AT 2320 N. GRAND AVENUE SUMMARY: Attached is a revocable permit (REV 25-15) for issuance to John Moser. PREVIOUS COUNCIL ACTION: None. BACKGROUND: John Moser has submitted a revocable permit (REV-25-15) for the purpose of landscaping the unpaved areas between curb and sidewalk at 2320 N. Grand Avenue. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve the Resolution will prevent the applicant from installing the authorized improvements. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. REV-25-15 LANDSCAPING REVOCABLE PERMIT (Section 17-4-7 Pueblo Municipal Code) Pursuant to Section 16-9 of the Charter of the City of Pueblo("City")the City Council of City hereby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described,subject to and conditioned upon the provisions,covenants and conditions contained herein and Permittee's compliance therewith: 1.Permittee's name and address:John Moser 2328 N.Grand Ave 719-251-7204 2.Legal description and street address of real property owned by Permittee subject to Section 17-4-7 of the Pueblo Municipal Code("Permittee's Property"):LOTS 2 3+4 BLK 16 BARNDOLLAR+LOWTHER and 2328 N GRAND AVE PUEBLO,CO 81003 3."Permitted Area"means and includes that portion of the public right-of-way adjacent to Permittee's Property shown on the attached Landscape Plan. Unpaved areas between curb and sidewalk at 232o N.Grand Ave. In consideration of the issuance and granting of this Revocable Permit,Permittee represents,warrants and agrees as follows: 1.Permittee shall within days from date hereof install landscaping on Permittee's Property and in the Permitted Area in compliance with the Section 17-4- 7 of the Pueblo Municipal Code and as shown on the attached Landscape Plan. 2.Permittee shall keep,maintain and replace the landscaping as required by Section 17-4-7(b)(8)(b)of the Pueblo Municipal Code or any substituted provision thereof. 3.This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City.Permittee acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason,at any time,without notice to or hearing by Permittee,and Permittee waives any and all claim to any such notice and hearing. 4.Immediately upon termination of this Revocable Permit,Permittee shall (a)remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b)replace and relocate landscaping on Permittee's Property which meets and complies with Section 17-4-7 of the Pueblo Municipal Code or any substituted provision thereof;and (c)meet and comply with all applicable off-street parking requirements set forth in Sections 17-4-42,17-4-43,17- 4-44 and 17-4-45 of the Pueblo Municipal Code on Permittee's Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. 5.If Permittee fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit,City,in addition to all other remedies provided by law,may revoke the certificate of occupancy for the building on Permittee's Property. 6.The covenants of this Revocable Permit shall run with Permittee's Property and shall extend to,be binding upon,and inure to the benefit of City and Permittee and their respective heirs,personal representatives,successors and assigns. This Revocable Permit will be recorded in the office of the Pueblo County Clerk and Recorder. The Permittee shall pay all fees associated with recording. 7.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 Revocable Permit or the conditions hereof,or the existence,construction,installation,repair or maintenance of the landscaping in the Permitted Area,or the use of the Permitted Area by Permittee,its officers,agents,employees,invitees or general public. ti$ r5 9 tiu 'n'� Executed at Pueblo,Colorado the a s day of K v 'A/ ,20�� PERMIT-TEE: L Organization or A41 d lj d Co As1Y U(.. 1IJC Individual: By: 43-511.A L WIvrefs...- �"�r ....4,7 Title: Pre.C;dd0t STATE OF COLORADO) COUNTY OF PUEBLO)SS.. yy�� The foregoing i trument was cknowledged before me the ZZ0,1k/ d f ,20' by ' A AA9Sg, /, as r . My commission expires: TACY SUZETTE BARRY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20234007982 Notary Public MY COMMISSION EXPIRES 02 D t is day of ,20 ----•'--`----•---.-E� unicipal Corporation .r LL:."❑ By Heather am,Mayor