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HomeMy WebLinkAbout11647RESOLUTION NO. 11647 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BPO ELKS #90 FOR THE USE OF 5 STREET BETWEEN SANTA FE AVENUE AND ALBANY ON AUGUST 8, 2009, TO HOST A CAR SHOW BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to BPO Elks #90 for the use of 5 Street between Santa Fe Avenue and Albany on August 8, 2009, from 10:00 a.m. until 10:00 p.m. to host a car show. 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. INTRODUCED: July 13, 2009 F-W Barbara Vidmar COUNCILPERSON A77TSTDD SY: CITY CLERK APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: JULY 13, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO BPO ELKS #90 FOR THE USE OF 5 STREET BETWEEN SANTA FE AVENUE AND ALBANY ON AUGUST 8, 2009, TO HOST A CAR SHOW ISSUE Should City Council issue a Revocable Permit to BPO Elks #90 for the use of 5 Street between Santa Fe Avenue and Albany for the purpose of hosting a car show? The Revocable Permit Review Committee recommends approval. BACKGROUND BPO Elks #90 has requested the closure of 5 Street between Santa Fe Avenue and Albany on August 8, 2009, from 10:00 a.m. until 10:00 p.m. to conduct a car show. 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: 1. Name, Address and Telephone Number of Permittee: BPO Elks #90, 426 North Santa Fe, Pueblo, CO (719) 544 -5922 2. Permitted Area: 5" Street between Santa Fe Avenue and Albany 3. Purpose of Revocable Permit: 4. Authorized Improvements: 5. Commencement Date: August 8 2009 Time: 10_00 a.m. 6. Ending Date: Aueust 8 2009 Time: 10:00 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 caf6, the Permittee and sidewalk caf8 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 Pernittee 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. 0) 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 1 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. Signed in Pueblo, Colorado this /q> 'L day of /y)� t/ , 20A�. PERMITTEE Organization: � J ?& � f?o By: 1�1�6fsl .1 l stAl Title: STATE OF COLORADO ) COUNTY OF;PUEBLO ) ss. _ -The for egoing >instiument was acknowledged before me the 19 P day of M 4 y 20 EY r,cD >; = by as vc-lz My ctimmission expires: �o�y 20, 2,001 n (SEAL] A Notary Pub is APPROVED this ) day of ' 20 01. PUE Municipal Corporation By Gtev President of the City Cduncil CA - 7/22/03 r F I li 2 cn ::�EE 2 cn SANTA FE AVE ALBANY ST I N T � RSTAT F 26 d i TOTAL P.02 j€e JUN -09 -2009 09:49 AFFINITY 3123812751 P.02/02 Ailn Risk Services ISSUE DATE: 6/9/09 q §t PRODUCER j .iAon Risk Services, Inc. of Illinois r46e Elks Insuranceprognam South Wacker Drive, Suite 700 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO t 't ' cap, IL 60606-6670 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTi:.NO =;rr: OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. jI ,t n uRED COO PAWS AFFORDING COVERAGE Batlevolent and Protective Order of Elks of U.S.A ji ;; I ; "Pueblo CO Lodge #90 O Box 754 4 ,, COMPANY LETTER A Old Republic Insurance Company lo, CO 81002 -0754 S I : F I c_' j' jr THIS la TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, II NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ! 18RIBD OA MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH I IMUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ' N CO TY►E OP INSURANCE POLICYNUMBER POLICY POLICY LIMITS LTR ERPECTIVE EXPIRATION DATE DATE i � t f k � , I!. CENERALWABD.FTY 10 COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE PEROCCURRENCE SI,000,0w. SIANAW ❑CLAIMS MADE ®OCCUR MWZY 58112 03/31/09 03/31/10 PERSONAL &ADV /INJURY PRODUCTS- COMPLETED OPS 51,000,000 ® LIQUOR IIABE ITV AGGREGATE 51,000,000 !" LIQUOR LIABILITY EACH COMMON CAUSE $1,000,000 y I LIQUOR LIABILITY AGO PER F LOCATION $1,000,000 � e ORBC ` 1 RIP' CIOHOPOnIATIbN$ ILOICATioN &VECBICLEB113PECIALITEM$ i! 11 Insured ' Lodge: Pueblo CO Elks Lodge #90 Event: Car Show I Location: 15' and Santa Fe I Date: a/8/09 y { THE CERTIFICATE HOLDER IS PROVIDED EVIDENCE OF COVERAGE AS RESPECTS THE INSURED' S OPERATIONS B DURING THE DESCRIBED EVENT OR ACTIVITY NOTED ABOVE. « CBRTMCATE HOLpB,R CANCELLATION - - s t+ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 1., ' The City of Pueblo EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL gp ' 1 ' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City Hall Place FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY LF Pueblo, CO { 81003 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. z AON RISK SERVICES, INC. OF IL 5 u�� d � 5 P d i TOTAL P.02 I i i