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:
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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
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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
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Ailn Risk Services ISSUE DATE: 6/9/09
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PRODUCER
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.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
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' cap, IL 60606-6670 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTi:.NO
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OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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COO PAWS AFFORDING COVERAGE
Batlevolent and Protective Order of Elks of U.S.A
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"Pueblo CO Lodge #90
O Box 754
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COMPANY LETTER A Old Republic Insurance Company
lo, CO 81002 -0754
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THIS la TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,
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NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
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18RIBD OA MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
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IMUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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POLICYNUMBER
POLICY
POLICY
LIMITS
LTR
ERPECTIVE
EXPIRATION
DATE
DATE
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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
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LIQUOR LIABILITY EACH
COMMON CAUSE
$1,000,000
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LIQUOR LIABILITY AGO PER
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LOCATION
$1,000,000
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` 1 RIP' CIOHOPOnIATIbN$ ILOICATioN &VECBICLEB113PECIALITEM$ i!
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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.
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CBRTMCATE HOLpB,R CANCELLATION - -
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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
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' 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
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