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Home My WebLink About11649RESOLUTION NO. 11649 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET & ROUTT STREET TO CONDUCT A CHURCH FESTIVAL FROM JULY 24, 2009, THROUGH JULY 26, 2009 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The attached Revocable Permit is authorized to be issued to St. Francis Xavier Church for the use of the 1700 Block of Spruce Street and Logan Street between Pine Street and Routt Street for the purpose of conducting a church festival. The period of the Revocable Permit will be from 3:00 p.m. on July 24, 2009, until midnight on July 26, 2009. 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 # 11 DATE: JULY 13, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET & ROUTT STREET TO CONDUCT A CHURCH FESTIVAL FROM JULY 24, 2009, THROUGH JULY 26, 2009 ISSUE Should City Council issue a Revocable Permit St. Francis Xavier Church for the use of the 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street for the purpose of conducting a church festival? The Revocable Permit Review Committee recommends approval of this request. BACKGROUND St. Francis Xavier Church is requesting a Revocable Permit to use public roadways around the church to conduct a church festival. The period of the Revocable Permit will be from 3:00 p.m. on July 24, 2009, until midnight on July 26, 2009. 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: St. Francis Xavier Church, 611 Logan, Pueblo, CO 81004, (719) 564 -1125 2. Permitted Area: 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street 3. Purpose of Revocable Permit: Church Festival 4. Authorized Improvements: 5. Commencement Date: July 24 2009 Time: 3:00 p.m. 6. Ending Date: July 26 2009 Time: Midnight 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 "hnprovements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Pen (c) If the Revocable Permit is issued for a sidewalk caf6, 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 Permittee's Improvements from the Permitted Area and clean and restore the Pennitted Area to its original condition. Failure to timely remove all of Pennittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Pennittee's Improvements, and City may, at Permittee's expense, remove and dispose of Pennittee'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) Pennittee 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 Pennittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Pennittee 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, 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 (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 iii exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and 'damage. to Perm ittee'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 , 20_z CA ._ 7/22/03 i 1 1 1 z Im I I i O' ! y CEDAR ST z M PINE ST O z m cn C m I 1 �I J EVANS AVE ci U) � ! IZ I D I i r Itn ROUTT AVE 06/17/09 09:48 ST FRANCIS CHURCH 4 7195532309 N0.023 P02 _ 402 551 2943 i - JUN, 8.2009 12.06PM CMG 402 551 2943 N0.9521 P. 1/2 Date: s nan 009 Certificate of Coverage Certttleate holder This Certiticate B issued as a /natter of information only and The Diocese of Pueblo and/or Bishop of pueblo a confers no rights upon the htsidor of thin certificate This certificate Ca r�oration Solc including all Catholic Corporations not for dpe$ not amend, extend or alter the coverage afforded below. prof t Sponsored b the Bishop of Pueblo or The Diocese of Cempomy,�ttordind Cova(tsa pueblo, loot North Grand Avenue, THE CATHO MLMJAL RELIEF pueblo, CO 81083 SOCIETY Op AMERICA 10843 OLD MILL RD Go+Cres 4otatron OM - It Froncis Xavier parish 611 Logan Street Pueblo, CO 81004 Cevtraees This is to testify that the c overages IWO below have been issued to the certificate holder named above for the certiQcate 1 indicated, notwithstanding any requirement, term or condition of any controet or other document with respect to which this t cet4ittGate may be itt>;utd or may pertain, the coverage afforded described herein is subject to all thin terms, exclusions an conditions of such coverage. limits shown may have been reduced by prdd claisn9. Coverage Erknlvc Geverate gepiratioo Lhatts Ty+p sill Coverage Clronat Date pate PreACrty ' ' (;"evil Liability rrodYets.('nmp /OP AQs rcreenel do qd Ipjer7 t3ceuerence 7I1J2000 8590 711/2 F,eti+0 500,1 1 3 Clahas Made Pire usrmat:e (Any oat fire) Mad Batt (AT7Y oAa peraoA) Exeees L ability Each geoirrt+nee S�Q, 8590 7/1/2009 Other I I I 4 Deseriptten of operatiera /t.Atatioranrthicinl5pccisl Items Coverage only extends for claims arising out of St. Francit Xaviei s Church Festival to be held at 61 t Lagan Snedt & 1704 Block of Spruce (Street Closed) on July 24- 26.2049. Holaer of Urt;neate Additional PrOWelad Person City of pueblo, CO C'soteuotion Should any of the above described coverages be cancelled Will before the expiration daft the r e of, tten notice to the bolder or endeavor to mail �_�„ Y wri edrllficate named to the left, but faliure to mall such notice shall impose no obligation or liability of any Wad upon the company, its agents or representatives. Aathor:sed Renresalitivc 0171000400 06/17/09 09:48 ST FRANCIS CHURCH 4 7195532309 N0.023 P03 JUN, 8,1009 12:01PM CMG 402 55 2943 N0. 9521 P. 2/2 ENDORSEMENT (TO BE ATTACHE!) TO CtRTIFICATE) Effective Date of Endorsoment 7/24/ Z 009 Charge Credit Cancellation Datc of Endorsement T/277M - Oettilicatc Holder The Diocese of Pueblo and/or Bishop of Pueblo a Corporation Sole including att Catholic CatporattonS not for Frofit Sponsored by the Bishop of Pueblo or The Diocese of Pueblo, '1001 North Grand Avenue, Fueblo, CO 81003 Cenificate No 9540 of The Catholic Mutual Relief Society is amended as follows-, SECTION )1 • ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section It - Liability (only with respeet,to Coverage D - GOMO Liability, Coverage F - Madic$i Payments to Others and Coverage H - Counseling errors vnd Omissions) is amended to include as an Additional Protected Person(i) members of the organizations shown in the schedule, but only with respect to their liability for the PrOte- -- , /ties or aetivitics th perform on behalf of the Protected Person(s). It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement; and this extension of coverage shall not enlarge the scope of coverage provided under this, c�rtiticate or increase the limit of liability thereunder. Unlesi otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Persons) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date, Schedule - ADDITIONAL FROTECTED PERSON(S) City of Pueblo. Co Remarks Coverage only extends for claims arising Out of St. Francis xavier'S Church Festival to be held at 6)1 Logan Street & 1700 Block of Sptuce (Street Closed) on July 24-26,2009. Avtt►cxtrcd ,Pro entattvt PKS -122 (t - Sl9) St. Francis Xavier Church 611 Logan ❖ Pueblo, CO 81004 ❖ (719) 564 -1125 May 27, 2009 To Whom It May Concern: Once again this year, St. Francis Xavier Church will be having its annual "All Nations Church Festival." The festival will he held this year on Friday, July 24, 2009, from 5:00pm- 11:00pm, Saturday, July 25, 2009, from 11:00am- 11:00pm and Sunday, July 26, 2009, from 11:00am- 10:00pm. We would like to request blocking the 1700 block of Spruce Street and the 500 through the 700 block of Logan Avenue in order to relieve congestion of traffic and crowds for safety purposes. Sincerely, Rev. Uju Okeahialam, CSSp Parish Administrator St. Francis Xavier Church