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Home My WebLink About11716RESOLUTION NO. 11716 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO COMMUNITY COLLEGE FOR THE USE OF ORMAN AVENUE BETWEEN ARTHUR STREET AND MARILYN PLACE FROM OCTOBER 14, 2009, THROUGH OCTOBER 16, 2009, TO HOST A FALL FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The attached Revocable Permit is authorized to be issued to Pueblo Community College for the use of Orman Avenue between Arthur Street and Marilyn Place from October 14, 2009, at 10:00 a.m. until October 16, 2009, at 10:00 a.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: October 13. 2009 BY: Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council Background Paper for Proposed RESOLUTION AGENDA ITEM # N -4 DATE: OCTOBER 13, 2009 DEPARTMENT: PUBLIC WORKS DEPARTMENT DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO COMMUNITY COLLEGE FOR THE USE OF ORMAN AVENUE BETWEEN ARTHUR STREET AND MARILYN PLACE FROM OCTOBER 14, 2009, THROUGH OCTOBER 16, 2009, TO HOST A FALL FESTIVAL ISSUE Should City Council issue a Revocable Permit to the Pueblo Community College for the use of the public right of way located at Orman Avenue between Arthur Street and Marilyn Place for the purpose of conducting a fall festival? The Revocable Permit Review Committee recommends approval. BACKGROUND Pueblo Community College has requested the use of Orman Avenue between Arthur Street and Marilyn Place from October 14, 2009, at 10:00 until October 16, 2009 at 10:00 a.m. to conduct a fall 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 Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: I . Name, Address and Telephone Number of Permittee: Pueblo Community College 2. Permitted Area: Orman Avenue from Arthur Street to Marilyn Place 3 . Purpose of Revocable Permit: P C C F a l l Festival 4. Authorized Improvements: N o n e S. Commencement Date: 10 -14 - 0 9 Time: 10:00 am 6. Ending Date: 10 -16 -09 Time: yp;po an. 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. (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.indetnnify, defend and hold City, its officers, agents an s armless from and against any and all suits, claims, liabilities, toss, il h� ri f cos[ of defense, arising, directly or indirectly, from or a issuance of this Permit or the conditions rivretm, or the ( existence, construction, instal] ' air or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or ements 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 - D22/03 (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, 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 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 J2 S '�' day of �[(,cm,(• -t yn,b -G.�J , 20 () ? . PERMITTER Name: � 41 � B Title: V P Qd , STATE OF COLORADO) COUNTY OF PUEBLO )' The foregoing instrument w acknowledged before me the a rr\ day of , 20_D3 My commission dkpires: I I (`I j`t -t 1r [ EALj ` \ 0 of Notary Public D'_tais - >' � J day of OU6 , 20 Y PUEB Municipal Cor orati e � By � President of the City Coun it CA - 7/22/03 Pueblo :SA Community College September 23, 2009 To: City of Pueblo 211 East "D" Street Pueblo, CO 81003 Ref: Revocable Permit for Street closure To whom it may concern, Pueblo Community College and the Economic & Workforce Development Division respectfully request a revocable permit application for the closure of Orman Avenue from Arthur Street to Marilyn Place on October 14, 2009 at 10:00 am until October 16, 2009 at 10:00 am. Pueblo Community College is hosting Fall Fest on October 15, 2009 throughout the campus. The Economic & Workforce Development Division will be debuting our four mobile labs to the public as a part of the festival. It is our wish to park the mobile labs in Orman Avenue. This also will provide a more pedestrian friendly atmosphere for the campus. Please if you have any questions contact us at 719 -549 -3320. T nk�You v f'G John Vukich Dean, Economic & Workforce Development Division Pueblo Community College 900 West Orman Avenue Pueblo, CO 81004