HomeMy WebLinkAbout11710RESOLUTION NO. 11710
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE COLORADO
DEPARTMENT OF TRANSPORTATION FOR THE USE OF
THE 900 BLOCK OF ERIE AVENUE ON OCTOBER 6,
2009, TO HOST THEIR 11 ANNUAL HEALTH FAIR.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Colorado
Department of Transportation for the use of the 900 Block of Erie Avenue on October 6,
2009, from 7:00 a.m. until 11:30 a.m.
SFrTinN 9
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 28, 2009
BY: Michael Occhiato
} C � OUNCILPERSON
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -11
DATE: SEPTEMBER 28, 2009
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE USE OF THE
900 BLOCK OF ERIE AVENUE ON OCTOBER 6, 2009, TO HOST THEIR 11
ANNUAL HEALTH FAIR
ISSUE
Should City Council issue a Revocable Permit to the Colorado Department of
Transportation for the use of the public right of way located at the 900 Block of Erie
Avenue for the purpose of conducting a health fair?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Colorado Department of Transportation has requested the use of the 900 Block of
Erie Avenue on October 6, 2009, from 7:00 a.m. to 11:30 a.m., to conduct a health fair.
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:
I. Name, Address and Telephone Number of Permittee:
Struck, 905 Erie Avenue, Pueblo, CO 81002, 546 -5400
2. Permitted Area: 900 Block Erie Avenue
3. Purpose of Revocable Permit: I ITU Annual Health Fair
4. Authorized Improvements:
5. Commencement Date: October 6 2009 Time:
6. Ending Date: October 6 2009 Time:
Colorado Department of Transportation, c/o Stella
7:00 a.m.
1 1:30 a.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 cafd, the Permittee 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 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 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 coznsent 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 shalt be delivered
to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked.
O 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 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 ny damage
or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers,
employees, or agents.
(m) .,,Phis 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. ll f
Signed in Pueblo, Colorado this 2 . J� day of . %.L�"f+'. `Y'" _, 20
PERMITT E: _
Name:.
By:
Title: C,110 o - 2
t , -
STATE OF COLORADO )
COUNTY OF PUEBLO //�
The foregoing instrument
–7was acknowledged before me the � � day of �/� , 20V7
by -� J1 DTW 11 L �/ �
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commission expires:
777 3 -E A L]
Notary Public. -
APPROVED this _ of O� day of 20
- PUEBLO a unicipal Corporati
By
President of the City Courkil
CA- 722/03
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DEPARTMENT OF TRANSPORTATION
Region 2
905 Erie Ave., P.O. Bo: 536
Pueblo, Colorado 81002
(719)546 -5400
FAX (719) 546 -5456
September 3, 2009
OT
orscwunraf®
TO WHOM IT MAY CONCERN:
The Colorado Department of Transportation will be holding our l l Annual Health Fair on Tuesday,
October 6, 2009 from 7:00 a.m. till 11:30 a.m..
We are requesting to close down the 900 block of Erie Avenue for 2 reasons:
Safety Reason: Our Health Fair will be held in the buildings at 902 and 905 Erie Avenue. This will
cause everyone to have to cross the 900 Block of Erie Avenue all during the Fair.
Additional Space needed: The other reason we would like to close the Street is so we can park the
following display vehicles in the street during the Health Fair:
• State Patrol Seat Belt Convincer
e Fire Engine
• Police Departments Chevy S -10 Crashed Pick Up Truck
e Drive Smart Van w /Car Seat Check Point
e Bonfils Blood Mobile
This yearly event is not only open to the Colorado Department of Transportation Employees and
State Patrol employees, Retirees and their families but it is also open to the Public. CDOT Region
Two covers 7 cities or approximately 400 total employees, however we expect attendance of
approximately 150. I appreciate your consideration in this matter and look forward to hearing back
from you In the near future. If you have any questions or need more information please feel free to
contact me at 546 -5452.
Sincerely,
STELLA STRUCK
Program Assistant
C13NCUIC
Region Two irector