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HomeMy WebLinkAbout11648RESOLUTION NO. 11648 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. ANNE'S CATHOLIC CHURCH FOR THE USE OF THE 2700 BLOCK OF EAST 12 STREET AND THE 1200 BLOCK OF JUAN MADRID AVENUE TO CONDUCT A CHURCH FESTIVAL FROM JULY 17, 2009, THROUGH JULY 19, 2009 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The attached Revocable Permit is authorized to be issued to St. Anne's Catholic Church for the use of the 2700 Block of East 12 Street between Beaumont and Clovis and the 1200 Block of Juan Madrid Avenue between East 12 and East 13 Street from July 17, 2009, at 2:00 p.m. until July 19, 2009, at 10:00 p.m. to conduct a church festival. 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 BY: Barbara Vidmar COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77TSTFD DY: CITY CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 10 DATE: JULY 13, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. ANNE'S CATHOLIC CHURCH FOR THE USE OF THE 2700 BLOCK OF EAST 12 STREET AND THE 1200 BLOCK OF JUAN MADRID AVENUE TO CONDUCT A CHURCH FESTIVAL FROM JULY 17, 2009, THROUGH JULY 19, 2009 ISSUE Should City Council issue a Revocable Permit to St. Anne's Catholic Church for the use of the 2700 Block of East 12 Street and the 1200 Block of Juan Madrid Avenue for the purpose of conducting a church festival? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND St. Anne's Catholic Church has requested the closure of the 2700 Block of East 12 Street and the 1200 Block of Juan Madrid Avenue from July 17, 2009, at 2:00 p.m. until July 19, 2009, at 10:00 p.m. to conduct their annual church festival. 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 Penmittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: Name, Address and Telephone Number of Permittee: St. Anne's Catholic Church, 2701 East 12` Street, Pueblo, CO 81001, (719) 545 -2644 Pennitted Area: 2700 Block East 12` Street and 1200 Block Juan Madrid Purpose of Revocable Pen Church Festival Authorized Improvements: Commencement Date: July 9 2009 Time: 2:00 p.m. Ending Date: July 21, 2009 Time: 10:00 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 Pen 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 cafe, the Permittee and sidewalk cafe 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 Pernnittee'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. (j) 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 day of � (,� 5 20 V`0TARY' $NA•PGU PERMITTEE n x Organization: S f . A n ne 04+hob e eAgre A By: An q-e, l et kle r na n,d e - z Title: ENicn T Ma Y1Ct,ner )RADO ) EBLO ) s'- trument was acknowledged before me the 'a Wrma�_Iae4 My commission expires [SEAL] APPROVED this 3 V= G' A day of JU t�A2 20 Oq as Gl CaA Notary Pu is day of , 20 Q� PUEBLO, Municipal Corporation By President of the City Cou cil CA - 7/22/03 rr 7 U. NEII SON Certificate of Coverage date: 6./817009 Certificate Holder This Certificate is issued as a matter of information only and The Dioce. i of Pueblo and/or Bishop of Pueblo a confers no rights upon the holder of this certificate. This certificate Corporation Sole including all Catholic Corporations not for does not amend, extend or alter the coverage afforded below. Profit Sponsored by the Bisbop of Pueblo or The Diocese of Pueblo, 1001 North Grand Avenue, Company Affording C:ovrragc Pueblo, CO 81003 THE CATHOLIC MM)AL RELIEF SOCIETY OF AMERICA Covered Location 10943 OLD MILL RD St. Anne Parish OMAHA, Nt E 68154 2701 E i 2th Street Pueblo, Co 81001 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of Inv contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. fypc of Coverage Certificate Number Cuvcrage Er(ective Coverage Expiration Datc Date Limits Property Rout & Personal Property General Llahility General Aegregate � Products- Cnmp10P .fig L'. ! Occurrence Personal & Adv Injury 8590 7!1;2004 7 %112010 Claims Madc Each Occurrence 500 Fire Damage (Any one fire) ;led Exp (Any one person) Excesr Liability 9590 711/2009 7/1/7010 Each Occurrence 500.000 Other Each Occurrence Description or OptrationsiLocatlon s!!'cbieiestSpeciai Xtems Coverage is verified for St Anne's annual parish festival on July 18 & 19, 2009. Includes Liquor Liability, Holder or Certiftcate Cancellation Should any of the above described coverages be cancelled City of Pueblo before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to mail such notice shalt impose no obligation or liability of any kind upon the company, its agents or representatives. authorized Representative 0171000403 ,- 009 -06-08 13,34 3 551 2943 P , e St. Anne's Church 2701 E. 12th St. Pueblo, CO 81001 (719) 545 -2644 e -mail: iozella�dioceseofpueblo.com LETTER OF INTENT June 18, 2009 St. Anne Church 2701 E. 12 street Pueblo, Co 81001 To whom it may concern; This letter is to request a revocable permit for July 17 2009 through July 19 2009. Here are the dates and times of our annual parish festival. Friday July 17 2009 from 5:00 pm to 10:00 pm Saturday July 18 2009 from 8:00 am to 10:00 pm Sunday July 19 2009 from 8:00 am to 7:00pm I am requesting permission to block off the 2700 block of East 12 street between Beaumont and Juan Madrid, the 1200 block of Juan Madrid between 12 and 13 streets. Respectfully, Angela Hernandez Event Manager