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HomeMy WebLinkAbout7001RESOLUTION NO w 7001 ...... ............... A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO LOTTERY FOR THE PURPOSE OF INSTALLING TWO FIBER OPTIC COMMUNICATIONS CABLES ACROSS NINTH STREET BETWEEN MAIN AND ALBANY STREETS AND ACROSS 'THE ALLEYWAY BETWEEN SEVENTH AND EIGHTH STREETS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that: A Revocable Permit be issued to The Colorado Lottery for the purpose of installing two fiber optic communications cables across Ninth Street between Main and Albany Streets and also across the Alleyway between Seventh and Eighth Streets. The Revocable Permit, hereby granted, may be revolved by resolution of the City Council at anytime hereafter, without notice. INTRODUCED .................. September....... 14........................,y x,992 JOHN CALIFANO B Y .............................. ......................................... ................ ........................................... .................. ......., ............ . ......... ......... Councilpsrson APPROVEDs ATTESTS City C1 er 4 President of Council -± 's a r— fF+J� 007 REc(Dr )Etv PUEMLO COUNTY, COLORA" AGR EEMENT FOR REV OCAB LE PERM 9618 THIS AGREEMENT made this 1� day of S L'P7F_&$E. *_, 1912 by and between the CITY OF PUEBLO, A Municipal Corporation, hereinafter referred to as "CITY ", and The Colorado Lottery hereinafter referred to as "PERMITTEE ". W I T N E S S E T H WHEREAS, The City Council is authorized pursuant to Section 16 -9 of the Charter of the City of Pueblo to grant revocable permits for temporary use of streets and public ways provided such permits may be revoked by the Council at its pleasure; and WHEREAS, PERMITTEE acknowledges and agrees that the exercise of any of the privileges granted herein is subject to and constitutes acceptance of all the conditions of this permit. NOW, THEREFORE, in consideration of the foregoing and mutual promises herein contained, the parties agree as follows: 1. PERMITTEE is hereby granted permission to use, for the purpose of installing two fiber optic communications across Ninth Street between Main and Albany Streets and also across the Alleyway between Seventh and Eighth Streets: 2. PERMITTEE acknowledges and agrees that in no event will (s)he locate, erect, or cause to be located or erect any building, structure, or improvement, authorized to be placed upon the property covered in this permit unless done so in compliance with all resolutions, ordinances, and regulations of the CITY and all federal, state and county laws and regulations that are applicable to the area or operations covered by this permit. 3. Trees or shrubbery existing on the permitted area may be removed or destroyed only after the CITY'S Director of Parks and Recreation has approved and marked or other- wise designated that which may be removed or destroyed. �aor 2618 89 Agreement for Revocable Permit Page 2 4. PERMITTEE shall maintain the improvements and premises in a neat, orderly, sanitary fashion, and in compliance with all CITY ordinances, rules, and regulations. 5. PERMITTEE shall exercise due diligence in protecting from damage the land and property covered by and used in connection with this permit. b. PERMITTEE agrees to indemnify and hold harmless the CITY, its agents and employees, from any and all claims, expenses, liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, reconstruction, reinstallation, maintenance, or use of the land and property covered by and used in connection with this permit. 7. This permit may be revoked by resolution of the City Council, for any reason, at any time, without notice or hearing to PERMITTEE. B. Upon abandonment, termination, revocation, or cancell- ation of this permit, PERMITTEE shall, within 30 days, at his sole expense, remove all structures and improve- ments except those owned by the CITY, and shall restore the site to its original pre - agreement condition unless otherwise specified in writing or in this permit. If within 30 days, they shall become the property of the CITY, but that shall not relieve PERMITTEE of liability for the cost of their removal and restoration of the site. 9. This permit is not transferable. If PERMITTEE through voluntary sale or transfer, or through enforcement of contract, foreclosure, tax sale, or other valid legal proceeding shall cease to be the owner of the physical improvements, other than those owned by the CITY, situated on the land described in this permit, and PERMITTEE is unable to furnish adequate proof of ability to redeem or otherwise establish title to the improve- ment, this permit shall be subject to cancellation. 10. In case of change of address, PERMITTEE shall notify the CITY within 10 days. Notice shall be sent to the CITY at 1 City Nall Place, Pueblo, Colorado 81003. t,00- 26.8 96 Agreement for Revocable Permit Page 3 11. The temporary use a improvements herein only with the prior but PERMITTEE shall compliance with all parties to whom the id occupancy of the premises and describe may be sublet by PERMITTEE written approval of the City Council, continue to be responsible for conditions of this permit by the premises may be sublet. IN WITNESS HEREOF, the parties have caused this Agreement to be duly approved and executed as of the date first written above. PERMITTEE: STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) THE _COLORADO _LOTTERY ___�_____ PY The foregoing instrument was acknowle County, 'olorado,.this _ day of A C ?, OT A /? }. to • r (' ! ,� �, �, � 4.I {C My commission expires: City Clerk before-me Pueblo Not4ry Pu CITY OF PUEBLO 19 Py Pre ident of the Council AUG 1992 RE VOCABLE PERM I T APPLICATION I 's The' :under §i iirt pti$reby pplies for a _ 365 day Revocable permit to temporarily use the real property set forth on the attached plat. The described property is located at 201 W. 8th St. To 620 S. Santa Fe Address The undersigned will also provide a letter of intent, explaining the need for this encroachment. The undersigned fully understands the City Council nay, at any time in the future, revoke the permit, if granted. Before issuance of the permit, the applicant will pay all required fees and furnish a certificate of insurance with minimum comprehensive public liability insurance for a combined single limit of x1 per occurrence. The applicant fully understands that if the permit expires or is revoked, the applicant will remove all obstructions on the property within thirty days and return the property to the original condition. 7/7/1992 DATE APPLICANT NAME ENCLOSURES: Certified Plat Certificate of Insurance• Construction Requirements 201 W. 8th St. Suite 600 Pueb ORGANIZATION ADDRESS Letter of Intent �- Feet $10.00 RECOMMENDATION: _ / �!� ✓/ �- This day of v6 Committee Members Signatur s: _ 7 i. Traffic Engineer O 2. Public Works OK 3. Zoning OK ( f/-� /?L 04se ot) 546 -2400 TELEPHONE NUMBER APPLICANT ADDRESS ,19 . 4. License Division0�-' DOA K ?A- -5QV��G- July 8, 1992 City of Pueblo Pueblo, CO 81003 TO WHOM IT MAY CONCERN: The Colorado Lottery is requesting permission to use the necessary power poles to connect the Colorado Lottery Headquarters located at 201 West 8th Street with GTECH Corporation located at 620 Santa Fe via a fiber optic cable. The Colorado Lottery is requesting two links for redundancy. The links are required to (1) implement an enhancement to the existing lottery Scratch game, (2) improve transfer of information, and (3) allow the addition of new types of lottery games. The Colorado Lottery believes this link is necessary to improve it's operation and would result in benefits to all who receive Lottery funds. Sinc rely, 1 lia J. Russell Deputy!Director bjm PUEBLO (719) 546 -2400 • DENVER (303) 759 -3552 • FORT COLLINS (303) 223 -9264 • GRAND JUNCTION (303) 248 -7053 M fA / U) C M 0 w � _W \Y V_ CL III L m IL a i C m V NQ I 0 C. 0 CL v � r C i � N d J STATE OF COLORADO CERTIFICATE OF SELF - INSU Issue Date... 07/08/92 INSURED This certificate is issued as a matter of information only The State of Colorado, its depart and confers no rights upon the certificate holder. It ments, institutions, a encies does not ammend, extend or alter the coverage afforded below. boards, officials, employees and authorized volunteers (except SOURCES OF COVERAGE all entities of the University of Colorado). CO A Self - Insurance INSURED (pertinent to certificate) Attn: Greg Mc Clure Colorado Lottery 201 W 8th St Suite 600 Pueblo, CO 81003 J, COVERAGES SELF - INSURED COVERAGE AND LIMITS SHOWN ON THIS CERTIFICATE ARE THOSE FOR WHICH THE STATE ACCEPTS RESPONSIBILITY PURSUANT TO THE COLORADO GOVERNMENTAL IMMUNITY ACT (CRS 24 -10 -101, et seq.), AND CRS 24 -30 -1501 et seq. NOTWITHSTANDING ANY REQUIREMENT, TERM, OR CONDITION OF ANY DOCUMENT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED HEREIN IS CONTROLLED AND LIMITED BY THE ABOVE LAWS. DESCRIPTION OF OPERATIONS TO WHICH THIS CERTIFICATE PERTAINS Use of power poles to connect the Colorado Lottery with GTECH. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE COVERAGES CHANGE, THE STATE OF COLORADO WILL ENDEAVOR TO MAIL The City of Pueblo NOTICE TO THE CERTIFICATE HOLDER NAMED, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE STATE. Finance Dept. /Bob K. PO Box 1427 Pueblo CO 81002 DIVISION OF RISK MANAGEMENT 110 16th Street, Suite , Denver, Colorado 80202 AUTHORIZED REPRESENTATI 702 �a...... Certificate number 328 LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION ALL LIMITS IN THOUSANDS Co GENERAL LIABILITY Co E A General Liability Self-insured Liability Fund Combined Bodily Injury Continuous Occurrence basis and Property Damage until otherwise notified Each person ................. 150 Each occurrence ............. 400 — — AUTOMOBILE LIABILITY A State -owned autos Self - insured Liability Fund F while operated by State employees on State business. B WORKERS COMPENSATION 000124-4 Standard policy covering liability and imposed by the Workmen's Compensation EMPLOYERS LIABILITY Act of Colorado. PROPERTY LEASES...........: This certificate does not apply to a tease agreement that does not conform strictly to the requirements of CRS 24 -30 -1510 (3)(e). ADDITIONAL INSUREDS.......: The Colorado constitution prohibits including certificate holders as additional insureds. DESCRIPTION OF OPERATIONS TO WHICH THIS CERTIFICATE PERTAINS Use of power poles to connect the Colorado Lottery with GTECH. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE COVERAGES CHANGE, THE STATE OF COLORADO WILL ENDEAVOR TO MAIL The City of Pueblo NOTICE TO THE CERTIFICATE HOLDER NAMED, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE STATE. Finance Dept. /Bob K. PO Box 1427 Pueblo CO 81002 DIVISION OF RISK MANAGEMENT 110 16th Street, Suite , Denver, Colorado 80202 AUTHORIZED REPRESENTATI 702 �a...... Certificate number 328 Co B State Comp Authority Co C Co D Co E