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
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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