HomeMy WebLinkAbout11854RESOLUTION NO. 11854
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY FOR THE USE OF
GRAND AVENUE BETWEEN SANTA FE AVENUE &
UNION AVENUE AND MAIN STREET BETWEEN
RICHMOND AVENUE & D STREET TO HOST THE 7 T "
ANNUAL ROLLIN' ON THE RIVERWALK
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 Santa Fe Avenue & Union Avenue and Main
Street between Richmond Avenue & D Street on July 3, 2010 at 5:00 p.m. through
July 5, 2010 at 11:00 a.m. for the purpose of the 7 Annual Rollin' on the Riverwalk.
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: April 12, 2010
BY: Vera Ortegon
COUNCILPERSON
APPROVED:
FtE51DENT CF CITY CC) UNCIL
ATTESTED BY:
GIB' Y CLERK
Background Paper for Proposed
RESOLUTION
DATE: APRIL 12, 2010 AGENDA ITEM # M -11
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 SANTA FE AVENUE & UNION AVENUE AND MAIN
STREET BETWEEN RICHMOND AVENUE & D STREET TO HOST THE 7 ANNUAL
ROLLIN' ON THE RIVERWALK.
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 Santa Fe Avenue & Union
Avenue and Main Street between Richmond Avenue & D Street for the 7 Annual
Rollin' on the Riverwalk?
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The HARP Authority has requested the closures of Grand Avenue between Santa Fe
Avenue & Union Avenue and Main Street between Richmond Avenue & D Street on
July 3, 2010 at 5:00 p.m. through July 5, 2010 at 11:00 a.m. to conduct the 7 Annual
Rollin' on the Riverwalk.
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: HARP Authority, 200 West 1" Street, Suite 303, Pueblo,
CO 81003, (719) 595 -0242
2. Permitted Area: Grand Avenue between Union Avenue & Santa Fe and Main Street between D Street &
Richmond
3. Purpose of Revocable Permit: 7' Annual Rollin' on the Riverwalk
4. Authorized Improvements:
5. Commencement Date: July 3 2010 Time: 5:00 gym.
6. Ending Date: July 5 2010 Time: 11_00 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 Penmittee 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 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 1– day of MOf[ N , 20 1D
PERMITTEE
Organization: 1AARP v
B J
Title: FxecAue_ D wtf r
STATE OF COLORADO )
COUNTY OF PUEBLO )'
The foregoing instrument was acknowledged before me the I day of C An 1—c 20l_�__
ICY_ CPC �1n to 4 \ —�� as F�`_CC � 1 ly .`\) (t,-ECi'� '
OF COLORADO
expires March 12, 2011 nn 1 I7ofary Public
this I A tv ` day of ,20(0.
Municipal Corporation
By I.✓
President of the City Council
CA - 7/22/03
January 28, 2010
To Whom It May Concern:
The HARP Authority will be hosting its "7th Annual Rollin' on the Riverwalk" this year. This
event will be held on Sunday, July 4, 2010. We will feature live entertainment by a band
HARP Board (T13D) and the Pueblo Symphony Orchestra, fireworks, food, drink and fun for families on
Of Directors the Riverwalk. Hours for the event will be 12:00 p.m. —11:00 p.m. Last year,
Gus Sandstrom approximately 30,000 people attended.
Chairperson
It is necessary to close streets surrounding the festival area because vendors and tents
Nan Hamel will be set up on Grand Avenue and Main Street. The street closure will ensure the safety
Vice chairperson of visitors and vendors attending the festival. We are asking for the streets to be closed on
Mike Tedesco Saturday, July 3 at 4 p.m. until Monday, July 5 at 11 a.m.
Secretary
A -1 Rental has been retained and will barricade and close the streets at "Grand Avenue
Jeff Chostner between Main Street and Santa Fe Avenue, Main Street between "D" Street and Grand
Treasurer Avenue and the Riverwalk area between." A map showing the requested street closure is
Jerry Pacheco attached, along with the $50 fee, $500 deposit and certificate of insurance to allow for this
street closure.
Gary Anzuini
Jerry Thomas Thank you,
� f e� Executive Director Erin Regrutto
Jack Johnston Director of Marketing and Special Events
PEA
`
VJ
VI
S SANTA FE AVE
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATEIMIAriI
02/24/10 D
PRODUCER LIC ION /A 1 -303- 757 -5475
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CIRSA
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POUCYNUMBER
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creek North Drive
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
Denver, CO 80209
INSURE)
Historic Arkansas Rivervalk of Pueblo Authority
c/o HOB International
INSURER A: CIRSA
INSURER
P.O. Box 58
INSURER C:
INSURER D:
Pueblo, 00 810D2
INSURER E.
1
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.
INSR
JZL
TYPE OF INSURANCE
POUCYNUMBER
POLICYEFFECTIVE
POLICY EXPIRATION
LIMITS
•
GENERAL
LIABILITY
LIAR 01 -2010
01/01/10
01/01/11
EACH OCCURRENCE
$ 5, D00, 000
FIRE DAMAGE Any one Lye
$5,000,000
X
�C ot ME RCIALGENERAL LIABILITY
CLAIMS MADE D OCCUR
MED EXP (Ay . pare.)
$ 0
X
PERSONAL S ADV INJURY
$ 5, DOG, DDD
$1 BSO Aggregate
GENERALAGGREGATE
$
GENL AGGREGATE
LMIT APPLIES PER
PRODUCTS - COMPIOP AM
$5,000,000
POLICY
PRO LUC
IFCT
•
AUTOMOBILE
X
LIABILITY
ANY AUTO
LIAR 01 -2010
01/01/10
01/01/11
COMBINED SINGLE LIMIT
(ED eccUNA)
$1,500,000
BODILY INJURY
IPsI
$
ALL OWNED AUTOS
SCHEDVLEDAUTOS
BODILY INJURY
IPareedJ�nl)
$
HARED AUTOS
NONOWNEDAUMOS
PROPERTY DAMAGE
(Per ecdoenU
$
GARAGE
LIABILITY
AUTO ONLY - EA ACCIDENT
IS
OTHER THAN EAACC
$
ANY AUTO
$
AUTO ONLY: AM
EXCESS
LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR CLAIMS MADE
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
WCSTATU- OTH-
EMPLOYERS' LIABILITY
E. L. EACH ACCIDENT
$
E. L. DISEASE - EA EMPLOYE
$
E.LDISEJSE- POLICY LIMIT
$
DRIER
6
F
e
DESCRIPTION OF OPERATIONS40CATIONBNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
With respects to Boats Banda and BI - June 4 -5, 201D and Rollin' on the Rivervalk - July 4, 2010.
ia�i«
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAA 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Irrevocable P Dept.
1 City Pall Place
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR
REPRESENTATIVES.
Pueblo, CO SID03
AUTHORIZED REPRESENTATIVE
USA
/
ACORD 2M (7197) evegman O ACORD CORPORATION 1988
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