HomeMy WebLinkAbout11650RESOLUTION NO. 11650
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY FOR THE USE OF
GRAND AVENUE BETWEEN MAIN STREET & SANTA FE
AVENUE TO HOST THE 1 ANNUAL ST. FRANCIS OF
ASSISI ITALIAN FEAST
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the HARP Authority
for the use of Grand Avenue between Main Street & Santa Fe Avenue on August 1,
2009, from 12 noon through midnight for the purpose of hosting the 1 Annual St.
Francis of Assisi Italian Feast.
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
A77TSTED DY:
CITY CLERK
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 12
DATE: JULY 13, 2009
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY FOR THE USE
OF GRAND AVENUE BETWEEN MAIN STREET & SANTA FE AVENUE TO HOST
THE 1 ST ANNUAL ST. FRANCIS OF ASSISI ITALIAN FEAST
ISSUE
Should City Council issue a Revocable Permit to the HARP Authority for the use of the
public right -of -way located at Grand Avenue between Main Street & Santa Fe Avenue
for the 1 st Annual St. Francis of Assisi Italian Feast?
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The HARP Authority has requested the closure of Grand Avenue between Main Street
and Santa Fe Avenue on August 1, 2009, from 12 noon through midnight to conduct the
1 st Annual St. Francis of Assisi Italian Feast.
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:
Name, Address and Telephone Number of Permittee: Historic Arkansas Riverwalk of Pueblo, 200 West I" St,
Suite 303, Pueblo, CO 81003 (719) 595 -0242
Permitted Area: Grand Avenue between Main Street and Santa Fe Avenue
Purpose of Revocable Permit: I' Annual St. Francis of Assisi Italian Feast
Authorized Improvements:
Commencement Date: Au ust 1 2009 Time: 12 Noon
Ending Date: Au ust 1 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 "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 Pennittee 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 tennination of this Permit, Permittee
shall, at Pennittee's expense, remove all of Pennittee'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 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) Permittee shall keep all Improvements and Pennitted 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.
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 Pennittee'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 20,
STATE OF COLORADO )
COUNTY OF PUEBLO
day of J tJ� , 20 0q
PERMITTEE
Organization: 4AR P P&AwAy�r�
By: f
Title: Extam6a Oixc6
PUEBLO, Municipal Corporation
B
President of the City Council
CA - 7/22/03
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S SANTA FE AVE m
CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YY)
ACORD 09
07/02/
PRODUCER LIC #N /A 1 - 303 - 757 - 5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80209 INSURERS AFFORDING COVERAGE
INSURED INSURERA CIRSA
Historic Arkansas Riverwalk of Pueblo Authority -- -- --
c/o HUB International INSURER B:
P.O. Box 58
INSURER C:
Pueblo, CO 81002 INSURER D :
!. INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED
NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
__.
I T R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION . LIMITS EIM
A GENERAL LIABILITY !LIAB 01 -2009
01/01/09 01/01/10 EACH OCCURRENCE S5,000,000
X COMMERCIAL GENERAL LIABILITY j
{FIR DAMA (Any one fire) S 5,000,000
X CLAIMS MADE OCCUR '�
- MED EXP (Any one person) S 0
r — EXP (A
X $lOm E &O Aggregate
PERSONALBAD INJURY S5,000,000
GEN AGGREGATE
GEN'L AGGREGATE LIMIT APPLIES PER !
I PRODUCTS- C OMPIOP AGG j S5,000,000
POLICY PRO- LOC { i
A AUTOMOBILE LIABILITY jLIAB 01 - 2009
01/01/09 01/01/10
'
COMBINED SINGLE LIMIT ] S 1,500,000
X ''.. ANY AUTO
(Ea accident)
ALL OWNED AUTOS
]
1 80DILY INJURY
S
. j SCHEDULED AUTOS
(Per person)
• -- .__.. __.
HIRED AUTOS
�_____ ___. __.....
• - _
+, BODILY INJURY S
NON -OWNED AUTOS
(Per accident)
--- --- — j
j PROPERTY DAMAGE S
(Per accident)
GARAGE LIABILITY
AUTO ONLY EA AC
- --
f ANY AUTO
EA ACC S
;OTHER THAN — _ _..
AUTO ONLY: AGG 5
k EXCESS LIABILITY r
' EACH OCCURRENCE i S
OCCUR 1 CLAIMS MADE',
AGGREGATE S
t
S
DEDUCTIBLE
S
RETENTION S
S
WORKERS COMPENSATION AND
WC STATU- OTH-
!TORY L )MITS ER
EMPLOYERS' LIABILITY
— . _
t
E.L EACH ACCIDENT S
- —.. . ___.. _.._... -..
..
!, E.L DISEA EA EMPLOYEE S
E.L. DISEASE - POLICY LIMIT S
I OTHER
S
S
S
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES !EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
With respects to street closure for St. Francis of Assisi Italian Feast - July 31, 2009 - August 2, 2009.
CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Street Dept.
1 City Hall Place
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Pueblo, CO 81003
AUTHORIZED REPRESENTATIVE
USA
ACORD 25S (7197' cwegman
o ACORD CORPORATION 1988
12480754
June 26, 2009
To Whom It May Concern:
The HARP Authority will be hosting its "1st Annual St. Francis of Assisi Italian Feast" on
Friday, July 31, Saturday, August 1 and Sunday, August 2, 2009. This event will feature
Of HARP f Dir ectors Shard Pooches in Pink fundraising walk, music and comedy, great Italian food and free pet
Directors
screenings. Hours on Friday, July 31 are from 5:00 p.m. to 12:00 a.m., on Saturday,
Gus Sandstrom August 1 from 10:00 a.m. to 12:00 a.m. and Sunday, August 2 from 10am -5pm.
Chairperson
C It is necessary to close the streets surrounding the Xcel Stage on Saturday, August 1 from
Vice Chairperson Alan hairp ersan because vendors will be staged on the street to prepare for the Saturday night concert.
The street closure will ensure the safety of visitors and vendors attending the festival. We
Jeff Chostner are asking for the streets to be closed from Saturday, August 1, 2009 at 12:00 p.m. until
Secretary Saturday, August 1, 2009 at 11:59 p.m.
Claudia Robinson A -1 Rental has been retained and will barricade and close the streets at "Grand Avenue
Treasurer between Main Street and Santa Fe Avenue ". A map showing the requested street closure
Jerry Pacheco is attached, along with the $50 fee, $500 deposit and certificate of insurance to allow for
this street closure.
Gary Anzuini
Alice Birch Thank you,
Executive Director Erin Regrutto
Jack Johnston Director of Marketing and Special Events