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HomeMy WebLinkAbout16435Docusign Envelope ID: 602DEAEB-B93D-8404-81 FA-DC51379C5C10 RESOLUTION NO.16435 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV -26-29) TO ALPINE REMEDIATION, INC., FOR THE USE OF THE PUBLIC RIGHT-OF-WAY AT THE PROPERTY LOCATED AT 2119 E 4TH STREET ON THE SIDEWALK OFF TROY AVENUE AND THE ALLEY BEHIND THE PROPERTY FOR THE PURPOSE OF INSTALLING GROUNDWATER MONITORING WELLS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit (REV -26-29) is authorized to be issued to Alpine Remediation, Inc., from using the public right-of-way at the property located at 2119 E 4th Street on the sidewalk off Troy Avenue and the alley behind the property for the purpose of installing groundwater monitoring wells. 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: September28, 2026 BY: Brett Boston MEMBER OFQIQUNClL APPROVED: B7A4F5123AB42.. Ei ocusignedby: PRESIDENT OF CITY COUNCIL ATTESTED BY: FlClAF8727B149A.. CITY CLERK Docusign Envelope ID: 602DEAEB-B93D-8404-81 FA-DC51379C5C10 City Clerk's Office Item # M3 COUNCIL MEETING DATE: September 28, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV -26-29) TO ALPINE REMEDIATION, INC., FOR THE USE OF THE PUBLIC RIGHT-OF-WAY AT THE PROPERTY LOCATED AT 2119 E 4TH STREET ON THE SIDEWALK OFF TROY AVENUE AND THE ALLEY BEHIND THE PROPERTY FOR THE PURPOSE OF INSTALLING GROUNDWATER MONITORING WELLS SUMMARY: Attached is a Revocable Permit to be issued to Alpine Remediation, Inc. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Alpine Remediation, Inc., has submitted a Revocable Permit application (REV -26-29) requesting the use of the public right-of-way at the property located at 2119 E 4th Street on the sidewalk off Troy Avenue and the alley behind the property for the purpose of installing groundwater monitoring wells starting on September 29, 2026. Public (UNCC) and private utility locates will be completed and each well location will be potholed to a depth of five feet to further clear utilities and the two locations in the alley will be potholed to 8.5 feet due to a sewer line. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. Docusign Envelope ID: 602DEAEB-B93D-8404-81 FA-DC51379C5C10 STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve the Resolution will prevent Alpine Remediation, Inc., from using the public right-of-way at the property located at 2119 E 4th Street on the sidewalk off Troy Avenue and the alley behind the property. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. NOTARIZED REVOCABLE PERMIT 26-29 REVOCABLE PERMIT Pursuant to die authority granted by Section 16-c) of the Charter of Pueblo, a Municipal (orporaatiean„ (the 'City"), the City Council of City hereby grants the tinllowwing re'snealile permit to Permitter' subject to and conditioned upiart the provisions herein contained ii nil the Perniitte 's compliance thcre'with: 1. Name, Address and Telephone Number of Permittee: ALPINE l:RE EDJATION INC 14 252 W 44th Ave, Unit 0 Golden, CO € 0403 303- 2. Pi riinitte� 2530676 2. Installing groundwwaater nioaril:oring wells around the property located at 2119 E 4th St. on the sidewalk off Troy Avenue and the alley be"hiand the property 3. Purpose of Rewwacablu Permit: installinggroundwater monitoring wells. Public &LTNCC) and private utilitylocates will be completed and each well location will be potholed to a depth of five feet to further clear utilities and the two locations in the alley* will be potholed to '1.fa feet due to a sewer line. 4. Commencement Date: September 14, 2026 5. Ending Date: Indefinite PERMITTEE TN CONSIDERATION OF THE ISSIJANCE AND G MANTING, OF THE ABOVE DESCRIBEDREVOCAIII,TPERMIT(TIIE"PERMIT") REPRESENTS, WARRANTS ANt) AGREES: (a) The Permitted Area shall be used for the abox-c-spec flied I'urpt ase of Rena°ocable Permit. No use of the Permitted Area shall hi' 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 bw° Pc rrnittee (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) lithe Revocable Permit is issued for a sidewalk cafe, the Pcrnrittce and sidewalk caf� shall he subject to all the prowasions, conditions and requirements contained in section e9-ro-8p of the Pueblo Municipal Code, or as r»arne may be amended, which are incorporated herein byreferren.ce. In addition„ no Innprow eament shall lie tied-dow it or chained to any trams within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such ti manner as to hinder or intertere with the opening of motor vehicle' doors or passenger mow eanaent to and from nautor vehicles parked adjacent to or near the Permitted. Area, (d) If this Permit is issued for the use of the public right-of-wwa,v for a special event, Permittee shall deposit with the City the sum of Stigoo.ov ( I7c pzrasit" )� The Deposit wwil l he forfeited to the City if Permittee does not remove all Pcrrnitteu's equipment and property front, and clean and restore the Permitted Area ter its original condition before the Time of the Ending Date. If so timely removed and cleans], 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, rern:ave'all of Pertamittee's Improvements fronn! I he Permitted Area and clean and restore the Permitted Area to its original condition. Failure ter tiinch ren case all of Ioriginal condition shall constitute Permit tee's Pcrnx�ttcu's 1nx rreracuucnts ]i'arra��r the Permitted Area and elrt and. restore the Permitted Area to its abandonment of the Pernxittev's Improvements, and City may, , at Permittee's expense, remove and dispose of Per'mittee's lmpprovements and clean and restore the Permitted Area to its original condition. Pernrittc'e agrees to pay all City''s raids and expenses, including rc asonahle attorney fees„ incurred in the enfuraenrent of this Permit. (f) Permittee shall keep all, Irnprovernents and Permitted Area in good, clean and safe condition and repair, free from litter, waste and dehris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and enrploy°ecs haranless front and against any and all suits, clams, liabilities, loss, damagesexpenses,gattorney l cost of defense, arising, directly or indirectly„ hunt or caused by the issuance of this Permit or the conditions hereof, the existencea,acic atifees ar canna tr'iuctarrri, installation, repair or maintenance of the Improvements in the Pcanrnittcd Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, ins itees or general public. (h) Neither this Permit nor any of lhe privileges granted to Permittee hereby, may be couweww~il, assigned, transferred or sublet by Permittee: without the prior written consent of the City Council of City. Any attempted conveyance, assignn'uent, transfer or' subletting of the Permit or Per nutted Area without the written consent of the CityCouncil of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (I) Permittee shall keep and maintain commercial generalliability insurance czawerirtg the Permitted Area and Improvements in tunounts not less than $i,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured amid contain a waiver of rights of subrogation against City, A certificate for such insurance arts] e aa'h renewal thereof slrrall be delivered to the City. Failure to, maintain such insurance sball cause this Permit to he a nutoaairtically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall Be protected front danr age or injury by Per°arittee amid shall not he rernowrd except after receipt by the Penuittet' of the written cuatrsent oft lie City s Director of Parks and Recreation. (k) Any notice or other diucunient required or permitted Itercin shall be in writing arid delivered persaanedly or by first eltiss mail, postage parepaie:l, as lnlhawwta: (i) If to Permitter, at the address shown in paragraph a above. (ii) If to City, i City Hall Place, Puebla Colorado 81003, Attention: Revocable Permit Res°iew'Coammittee Each party reserves the right to change its auldress provided notice of such change is givers in accordance with the pnarnrgraplr (k). _. __, ..,:,,.n. ,,.b„a,,, �, � r�iuu¢✓io, ,r,,,, eci�„ ,w�,l, �i/G.i,/,U"��i,�0/�dv/„„ eO/G �///1,�,,,,i .,1 �.1�/,L✓i ,�,��, ✓„G,,.�,ioa .dJ�,J,�, /�7 �C//,,,,.. ,/r„i,/%/,,�✓/,,,,,,,,lr ,..,, /r//✓/��;,,,, ,,,,,, ,,, (1) S;_"itw reserves and is heck granted by Permitte access to, under and through the Permitted Ai ea for any and all pin poses. City may, injure, al nags or remove any and all Froernraittee's hupaa rrcanrra„nta in the Permitted Area in a".xe'°rei ing the i ight of an us', hereby ru aeme°ii and granted. Pe r mitt'ec assume', the r ',], of injury, re and darn igi to Perrnitte c's Imprrurs•urnnenN within the Perod tied area, and Cii','slinil has e: aaas re a era ilnilit} or habit it] I"hr an', alaarnaage in rn)aaiks therctrro, wlaatszarracr t.h' cause„ including„ but not limited to, the acts in aanrissiuuas of Lit',, its officers, cutI)Io ves, in agiai Is (in) This Pc'rirnil slid terrninate upon the Oercurrs'nce of any one if the folk acing minis: (i) he Time Of the„ Ending Date;, (ii) ahandaawn .a it Or ruwrru-use krona Prsrnritive fora peiiod of tree ) rsinsecutivu month',, (iii) surrender or cancellation of tire'Pernnit in set iting by Perrniitt",, (is) automatic revocation as Provided in paragraphs (It) and (i) al -au usc; or (n ) rea'ujcation or termination of this Permit be resolution of the (its Council of City%']'he termination o f this Permit shall not obese Pcraaillec ft urn Permit he's obligations under P,uagraaf,h to unitil the Auuthuriwd 1myare vc3rients have been retina id by Pet at in compliance with paragraph (e). gg np oran and su bjun t to re^a°r ntiun or termination k resolution of the City' Council of ('it], °; in (n) 1 e r anutte�a�r ac��na�aaa-1¢^al ledges and a ru,�� that this Permit rnit is ter J �� its sale disu:rction, for airy reason or nii r~ensan, at araa�ytime., witltout li ahility to City, and without notice to or hearing by Perauittee. Penn ittue ss uive's any and all rift or claim to sus °h notice.,, hearing, and liability of the (;ittr. ,\ J Signed in Iro ar, Colorado this •� day ofno�� 1".I S~I.I' l l lLI q G)rg:uur,r ution ur Indiaiduail se'.'--" Title: STATE OF COLORADO) COUN°tY OF The foregoing instrument was aclanosskdgcd before me the h r �a• ref � -c" bo hy° T' cis my commission expires: l / I Grp A X11PROVEDtfitis-dayof o arc P'uhli xis clay° of PUESLO, a Municipurl Corp oruation HumtherGralaunnr,Mum',in