HomeMy WebLinkAbout11690RESOLUTION NO. 11690
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO 101 LLC, FOR THE USE OF
THE RIGHT OF WAY AT 101 N. UNION FROM
SEPTEMBER 24, 2009 THROUGH SEPTEMBER 27, 2009,
TO PARTICIPATE IN THE ANNUAL CHILE & FRIJOLE
FESTIVAL.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SFrTinN 1
The attached Revocable Permit is authorized to be issued to 101. LLC. for the
use of the right of way at 101 N. Union from September 24, 2009 at 9:00 a.m. until
September 27, 2009 at 9:00 p.m.
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.
A77TSTFD SY:
CITY CLERK
INTRODUCED: September 14, 2009
BY: Michael Occhiato
} C � OUNCILPERSON
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -5
DATE: SEPTEMBER 14, 2009
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
101, LLC, FOR THE USE OF RIGHT OF WAY AT 101 N. UNION FROM SEPTEMBER
24, 2009 THROUGH SEPTEMBER 27, 2009, TO PARTICIPATE IN THE ANNUAL
CHILE & FRIJOLE FESTIVAL
ISSUE
Should City Council issue a Revocable Permit to 101, LLC, for the use of the public right
of way located at 101 N. Union for the purpose of participating in the annual Chile &
Frijole Festival?
The Revocable Permit Review Committee recommends approval.
BACKGROUND
101, LLC, has requested the use of the right of way at 101 N. Union from September
24, 2009, at 9:00 a.m. until September 27, 2009, at 9:00 p.m. to participate in the Chile
& Frijole Festival. Although the Pueblo Chamber of Commerce will be applying for a
Revocable Permit for this event, the Liquor Board is requiring the Riverwalk Restaurant
& Lounge, LLC, to have their own permit in order to sell alcohol outside the premises of
their establishment. Rod Slyhoff from the Pueblo Chamber of Commerce is aware of
this application and has no objection to the issuance of an additional permit.
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: 101, LLC, 101 N. Union, Pueblo, CO 81003 (719)
369 -0047
2. Permitted Area: Right of Way at 101 N. Union Avenue
3. Purpose of Revocable Permit: Chile & Frijole Festival
4. Authorized Improvements:
5. Commencement Date: September 2e 2009 Time: 9:00 a.m.
6. Ending Date: September 27 2009 Time: 9:00 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 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 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.
(0 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 - 722/03
(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 c;6 day of 69 , 20-01.
PERMITTEE
Organizati
By. —
Title: t)
STATE OF COLORADO )
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me the c day of CA 20 �
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Notary Public
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jt •.,, PUEBLO, a icipal Corporate
By iC
President of the City C uncil
CA - 7/22103
LETTER OF INTENT
08/22/2009
From:
101 LLC, DBA The 101
101 -103 N. Union Ave.
Pueblo, CO 81003
To:
City Of Pueblo
To whom it concerns,
We are asking for a revocable permit to use the sidewalk and portion of street (10' from curb towards center
of street) along the width of our property. The purpose of this permit is to allow us to sell food and alcohol
outside our establishment during the Chile And Frijoles Festival operated by the Greater Pueblo Chamber of
Commerce. The dates of our operation would be September 24 -27, 2009. We have received permission from
Greater Pueblo Chamber of Commerce to operate in conjunction with their event (See attached letter). Our
area will be controlled with 4' high crowd barriers around the perimeter with one point of access facing
Union Ave. We will have staff security at this point at all times during the event to make sure no alcohol
enters or leaves our premises.
Thank you for your consideration.
Brian:Pumphrey
Managing Member