HomeMy WebLinkAbout09224RESOLUTION NO. 9224
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CRICKET
COMMUNICATIONS, INC. FOR THE USE OF THE 300 BLOCK OF WEST SECOND STREET
FOR USE DURING THEIR GRAND OPENING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
SECTION 1
A Revocable Permit be issued to Cricket Communications, Inc. for the use of
the 300 block of West Second Street on March 20, 2001 to accommodate the debut of
their wireless telephone service.
SECTION 2.
The Revocable Permit, hereby granted, may be revoked by resolution of the
City Council at anytime hereafter, without notice.
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ATTEST:
INTRODUCED February 26, 2001
P atrick Avalos
APPROVED
Effty
Background Paper for Proposed
Resolution
AGENDA ITEM # S
DATE: February 26, 2001
DEPARTMENT: LICENSE DIVISION
TITLE
CRICKET COMMUNICATIONS, INC.
STREET CLOSURE - MARCH 20, 2001
ISSUE
Should City Council issue a Revocable Permit to Cricket Communications, Inc. for the use
of the 300 block of West 2nd Street on March 20, 2001 to conduct a media event related to
the debut of Cricket's wireless telephone service in Pueblo.
RECOMMENDATION
The Revocable Permit Review Committee met and reviewed all data presented. The
Committee recommends that the City Council approve the request based on the following
findings:
A. The applicant has provided the required general public liability insurance coverage.
B. The applicant has agreed to use proper barricades to close the streets.
C. The applicant has agreed to clean up any debris resulting from the event.
BACKGROUND
FINANCIAL IMPACT
3 -7 -01 — NOTE
Per a request from Cricket Communications, Inc. the event was
postponed until Friday, March 23, 2001.
Following a discussion with Deputy City Manager Dave Galli, it was
decided to allow the event to take place on March 23, 2001 under
Resolution No. 9224 with the condition that all stipulations listed in
the Revocable Permit granted by this Resolution be followed.
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:
1. Name, Address and Telephone Number of Permittee: Cricket Communications Inc., 5775 DTC Boulevard # 400,
Greenwood Village, Colorado 80111
2. Permitted Area 300 Block of West 2nd Street
Purpose of Revocable Permit: Street closure on March 20, 2001
4. Authorized Improvements:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT (THE "PERMIT") REPRESENTS, WARRANTS AND AGREES:
(a) All structures or other improvements authorized to be placed in the Permitted Area (the "Improvements ")
shall be constructed and installed by Permittee in compliance with all applicable codes, ordinances, rules and regulations of
City.
(b) Upon termination of this Permit, Permittee shall, at Permittee's expense, remove all Improvements and restore the
Permitted Area to its original condition unless otherwise specified herein. Failure to remove the Improvements within thirty
(30) days after termination of the Permit, shall constitute Permittee's abandonment of the Improvements, and City may, at
Permittee's expense, remove and dispose of the Improvements and restore the Permitted Area to its original condition.
(c) Permittee shall keep the Improvements and Permitted Area in good, clean and safe condition free from litter, waste
and debris.
(d) 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.
(e) 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.
(f} Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and
Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, namin the
City as an additional insured. 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.
W Trees and shrubbery existing in the Permitted Area may not be removed or destroyed except after receipt by the
Permittee of the written consent of the City's Director of Parks and Recreation.
(h) 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
(h).
(i) This Permit shall terminate upon the occurrence of any one of the following events: (I) expiration of the term of the
Permit, (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 (e) and (f) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City.
0) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by
resolution of the City Council of City for any reason, at anytime, without notice to or hearing by Permittee, and Permittee
waives any and all right or claim to such notice and hearing.
Signed in Pueblo, Colorado this day ye I yl A "a 20 6
PERMITTEE
Name: Cricket Communications, Inc.
By. W
Title:
STATE OF COLORADO )
SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the day of - /Ma rCK ,
20_Ql_ by t,e r '-fam -es (President of
a corporation) (general partner of
My commission expires:
M/ CWMMM Expka O 1112002
[SEAL]
4t� � n�
APPROVED this 26th day of February
U-
Notary Public
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a partnership).