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HomeMy WebLinkAbout11868RESOLUTION NO. 11868 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ANGELO'S CRITERIUM DE PUEBLO FOR THE USE OF UNION AVENUE BETWEEN C STREET & GRAND AVENUE, VICTORIA AVENUE BETWEEN D STREET & GRAND AVENUE, AND LAMKIN STREET BETWEEN C STREET & D STREET TO HOST A CRITERIUM BIKE RACE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Angelo's Criterium de Pueblo for the use of Union Avenue between C Street & Grand Avenue, Victoria Avenue between D Street & Grand Avenue, and Lamkin Street between C Street & D Street from May 23, 2010 at 7:45 a.m. through May 23, 2010 at 8:15 p.m. to host a Criterium bike race. 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 26, 2010 BY: Leroy Garcia COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK Background Paper for Proposed RESOLUTION DATE: APRIL 26, 2010 AGENDA ITEM # M -2 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ANGELO'S CRITERIUM DE PUEBLO FOR THE USE OF UNION AVENUE BETWEEN C STREET & GRAND AVENUE, VICTORIA AVENUE BETWEEN D STREET & GRAND AVENUE, AND LAMKIN STREET BETWEEN C STREET & D STREET TO HOST A CRITERIUM BIKE RACE ISSUE Should City Council issue a Revocable Permit to Angelo's Bike Criterium for the use of the public right -of -way located at Union Avenue between C Street and Grand Avenue, Victoria Avenue between D Street and Grand Avenue, and Lamkin Street between C Street and D Street to host a criterium bike race? The Revocable Permit Review Committee recommends approval. BACKGROUND Angelo's Criterium de Pueblo has requested the closures of Union Avenue between C Street & Grand Avenue, Victoria Avenue between D Street & Grand Avenue, and Lamkin Street between C Street and D Street on May 23, 2010 from 7:45 a.m. to 8:15 p.m. to conduct a criterium bike race. FINANCIAL IMPACT None. f 3 �i�I iZ � 1:1 � I � ] � � 1� u• 1 Y Y 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: Angelo's Criterium of Pueblo, 105 E Riverwalk, Pueblo, CO 81003,(719)406 -3939 2. Permitted Area: Union Avenue between C Street & Grand, Victoria Avenue between D Street & Grand, and Lamkin Street between C Street and D Street 3. Purpose of Revocable Permit: Criterium Bike Race 4. Authorized Improvements: 5. Commencement Date: May 23, 2010 Time: 7:45 a.m. 6. Ending Date: May 23 2010 Time: 8:15 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 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 binder 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 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. 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 personalty or by first class mail, postage prepaid, as follows: (i) If to Permittee, at the address shown in paragraph I 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. Perrittee 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 2—q 1'h day of / ' t d t h , 20 10 PERMITTEE ," Organizatio '- By L1� �t Title: STATE OF COLORADO) COUNTY OF PUEBLO ) ss. r� The foregoing instrument was acknowledged before me the 2 'ft b- day of / ' �Y1 5r lLt l , 20 G by , C F l ores !- -27- day of April 2010 . Notary PUEBLO, a Municipal Corporation By k4 ) President of the City Council CA- 7122/03 ,Mycommission expires: — - LSEAL] = — APPROVED this 26th -27- day of April 2010 . Notary PUEBLO, a Municipal Corporation By k4 ) President of the City Council CA- 7122/03 w � o ° O % y�/� March 25, 2010 City of Pueblo, Colorado Public Works Department— Engineering Division 211 East "D" Street Pueblo, Co 81003 Attention: Pepper Whittlef Promoter of Jr— ?c oh14 (event) Scheduled on (date) in good standing with the American Cycling Association (ACA) in by „have agreed to abide by the rules, policies and procedures and the Bylaws of the Association, the Association a non - profit corporation in good standing and has Bylaws and Articles of Incorporation on file with the Secretary of State, intend to promote a competitive bicycle race in Pueblo Colorado, River Walk- Historic District. The street closure beginning at 0545 for barricade placement, event beginning at 0745 with the event finishing at 1845, and barricade breakdown to be completed at 2015 on date as indicated. The barricade placement and proposed bid as per the Work Zone Traffic Control, Inc. Pueblo office (bid enclosed). As the promoter I will provide certificate of insurance, certified roadway closure plan and applicable fees as indicated by the Revocable Permit Application for Pueblo Colorado. The event being, a Criterium course described as a closed course to traffic with no parking allowed on the indicated course, the course being (see in- closed approved map), as indicated and noted appropriate roadway closure plan. A Criterium is a competitive bicycling race event in which the attending participants are licensed members of the ACA, and children's event of which includes parent waiver signature and ACA liability. All events having an applicable race fee except for the children's race. Also provided as promoter, safety of the course at all times includes event road marshals for traffic, safety of competitors as indicated my EMS on site personnel and security as indicated for crowd control. On this day as indicated the Earth Day in May Celebration with take place on the in- closed course on Victoria Street between "C" and "D" street. In which vendors will distribute goods regarding the "Earth Day Celebration" and the learning of our "Green Earth." On this day as indicated there will be a musical concert, in the in- closed area course on Victoria Street between "C" and "D" street. All the above will take place with -in the time as indicated. Reference: American Cycling Association Yvonne van Gent, ACA State Representative 1135 A South Oneida Street Denver, CO 80224 www.americancyling.org Carla Flores, Race Promoter 20 Aberdeen Bluff Pueblo, CO 81004 719 - 406 -3939 Carlann7 @vahoo.com Ron Ferguson, Race Director rfergl @comcast.net Angelo's Italian Pizza, Sponsor 105 E. Riverwalk Pueblo, CO 81003 719 -544 -8588 s►c Ra° CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) 03/02/10 PRODUCER HCM Insurance Brokers 2337 Foothill Blvd # 502 La Verne, CA 91750 Phone (866) 866 -7090 Fax (866) 496 -5968 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED American Cycling Association 3020 Carbon Place, Suite 201 Boulder, CO 80301 I INSURER A: Lexington Insurance Company Public Works Department, Engineering Division INSURER B: National Union Fire Insurance Company INSURER C'. 211 D Street INSURER D: Pueblo, CO 81003 INSURER E' COVERAGES INSURER F: - THE POLICIES OF INSURANCE LISTED HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR ADD'L $RD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDIYY POU! EXPIRATKIR DATE (MMIDDIYVI LIMITS A ❑ GENERAL LIABILITY ]J COMMERCIAL GENERAL LIABILITY ❑❑ CLAIMS MADE ] OCCUR $10.000 inland marine 075- 715564 01/01/10 01/01/11 EACH OCCURRENCE $1- ,00o,000 DAMAGE TO REED PREMISES (Ea owurence $100,000 MEDEXP (Any one person) $5,000 - PERSONAL BADVINJURY $1,000,000 ❑ $1,000 deductible GENERAL AGGREGATE PRODUCTS - COMPIOP AGG $2,000,000 $2,000,000 GENTAGGREGATE LIMIT APPLIES PER ❑ POLICY J❑ PROJECT ❑ LOC A ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO ❑ ALL OWNED AUTOS ❑ SCHEDULEDAUTOS F] HIRED AUTOS [] NON OWNED AUTOS ❑ 075- 715564 01/01/10 01/01/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) ❑ GARAGE LIABILITY ❑ ANYAUTO ❑ - AUTO ONLY -EA ACCIDENT OTHERTHAN EAACC AUTO ONLY'. AGG El EXCESS /UMBRELLA LIABILITY ❑ OCCUR ❑ CLAIMS MADE ❑ DEDUCTIBLE ❑ RETENTION S EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR I PARTNER I EXECUTIVE OFFICER I MEMBER EXCLUDED? It yea, describe under SPECIAL PROVISIONS below ❑ WC STATU- ❑ OTH- TOR LIMIT €R E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT B OTHER I EXCESS MEDICAL SRG0009125090 01/01110 01/01/11 $10,0001 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Named insured to read; Schwab Cycles Racing Team Event; Angelo's Criterium de Pueblo Event Date; May 23, 2010 Certificate holder added as additional insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) OF 0 ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ' EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL -. City Of Pueblo 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO Public Works Department, Engineering Division THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. 211 D Street AUTHORIZED REPRESENTATIVE iapiwll Pueblo, CO 81003 ACORD 25 (2001108) OF 0 ACORD CORPORATION 1988