HomeMy WebLinkAbout11599RESOLUTION NO. 11599
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE WESTWIND VILLAGE
CAMPUS OF CARE FOR THE USE OF SCRANTON
AVENUE BETWEEN PITMAN PLACE AND SPRAGUE
AVENUE TO CONDUCT AN OUTDOOR CELEBRATION IN
HONOR OF NATIONAL NURSING HOME WEEK
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Westwind
Village Campus of Care for the use of Scranton Avenue between Pitman Place and
Sprague Avenue for the purpose of conducting an outdoor celebration in honor of
National Nursing Home Week. The period of the Revocable Permit will be May 14,
2009 from 9:00 a.m. to 5:00 p.m.
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.
A77TSTDD SY:
CITY CLERK
INTRODUCED: April 27, 2009
BY: Judy Weaver
} Councilperson
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 14
DATE: APRIL 27, 2009
DEPARTMENT: PUBLIC WORKS
INTERIM DIRECTOR — MICKEY BEYER, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE WESTWIND VILLAGE CAMPUS OF CARE FOR THE USE OF SCRANTON
AVENUE BETWEEN PITMAN PLACE AND SPRAGUE AVENUE TO CONDUCT AN
OUTDOOR CELEBRATION IN HONOR OF NATIONAL NURSING HOME WEEK
ISSUE
Should City Council issue a Revocable Permit to the Westwind Village Campus of Care
for the use of Scranton Avenue between Pitman Place and Sprague Avenue for the
purpose of conducting an outdoor celebration in honor of National Nursing Home Week.
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Westwind Village Campus of Care has requested the closure of Scranton Avenue
between Pitman Place and Sprague Avenue on May 14, 2009 from 9:00 a.m. to 5:00
p.m. to conduct an outdoor celebration in honor of National Nursing Home Week.
See attached letter from Gregory Shinn.
FINANCIAL IMPACT
None.
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: Westwind Village Campus of Care, 2515 Pitman Place,
Pueblo, CO 81004, (719) 564 -0550
2. Permitted Area: Scranton Avenue between Pitman Place and Sprague Avenue
3. Purpose of Revocable Permit: National Nursing Home Week Celebration
4. Authorized Improvements:
5, Commencement Date: Mav 14 2009 Time: 9:00 a.m.
6. Ending Date: May 14 2009 Time: 5:00 P.m.
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 cafd, the Permittee and sidewalk cafd 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 - 7/22/03
(i) 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, naming 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.
Q) 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 I above.
(ii) If to City, I 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).
(1) 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
Permittee'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.
(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.
Signp in Pueblo..Cnlarad /7 Y-A-- day of 17� , 20 0 9
SUSAN MCTAVISH
NOTARY PUBLIC PERMITTEE
STATE OF COLORADO Orga «/%/*S C7
tray Commission Fxp(rea 5apt.7, 2009 B
Title:
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss
The foregoing instrument was acknowledged before me the day of a 200q
by <�51 e/L '/ .s. S �yLt, i✓ as ✓ J /yi v/37. °i/ �
My commission expires: � 0 ` C )
I S E A L I L
Notary Public
APPROVED this 27th _ day of A pril , 20 .
PUEBL a unicipal Corp c tion
By CMG _
President of file City Cou it
CA - 7/22/03
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