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HomeMy WebLinkAbout11869RESOLUTION NO. 11869 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE GREATER PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM MAIN STREET TO SANTA FE AVENUE TO HOST THE 2 ND ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the greater Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street; C Street from Victoria Avenue to Main Street; D Street from Victoria Avenue to Main, and Grand Avenue from First Street to Main Street and from Main Street to Santa Fe Avenue from May 10, 2010, at 6:00 a.m. through May 17, 2010, at 5:00 p.m. to conduct the 2 nd Annual Wild Wild West Fest. SECTION 2. The use of the public right -of -way granted is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED: ADri126.2010 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 -3 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE GREATER PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM MAIN STREET TO SANTA FE AVENUE TO HOST THE 2 ND ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to the Greater Pueblo Chamber of Commerce for the use of the public rights -of -way located on portions of Union Avenue, C Street, D Street, and Grand Avenue to host the Wild Wild West Fest? Approval of this Resolution. BACKGROUND The Greater Pueblo Chamber of Commerce has requested the use of the public rights - of -way located on portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue from May 10, 2010, at 6:00 a.m. until May 17, 2010, at 5:00 p.m. to conduct the 2 nd Annual Wild Wild West Fest. 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: Greater Pueblo Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2. Permitted Area: Union Ave from I` St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from 1" St to Main St and from Main Street to Santa Fe Avenue 3. Purpose of Revocable Permit: Wild Wild West Fest 4. Authorized Improvements: 5. Commencement Date: Mav ]0 2010 Time: 6:00 a.m. 6. Ending Date: May 17 2010 Time: 5:00 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 caf €, 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 Pennitted 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 — 4/6/10 (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 I above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee. Each parry 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 _5 day of Ji OK; - ,20 10 . PERMITT • . n: n feakt 1. ha . C Cl Stu STATE OF COLORADO ) COUNTY OF PUEBLO The forego' g instrument was acknowledged before me the � day of Q s 20 �b by Z b !�,C - ,,h 7 K F as 'P1'eSiA10yJ My:`comimission expires: Notary Public APkROyED this = U day of ` 20` _____ _ - _ PUEBLO, a Municipal Corporation By President of the City Council CA - 7/22/03 � \ S� /� y � N Elizabeth St W 1st St E let St I a m LL C A J Monday, May 10 at 6am thru Monday, May 17 at 5pm Wednesday, May 12 at 6am thru Tuesday, May 18 at 5 pm Thursday. May 13 at 6am thru Monday, May 17 at 6am 0 Sunday, May 16 at 7am thru Sunday, May 16 at 2pm (partial closure) THE GREATER' PLIEBLO V We Mean Business 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber.org April 5, 2010 Jerry Pacheco City Manager City of Pueblo I City Hall Place Pueblo, CO 81003 Dear Mr. Pacheco: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the Wild Wild West Festival. The festival will begin on Friday, May 14, 2010 and run through Sunday, May 16, 2010. There are numerous activities scheduled during the three days and we will utilize multiple locations with the biggest concentration being in the Union Avenue area. We are requesting to close the following streets on these dates and times: • Grand from I" Street to Union Ave. at 6 AM Monday, May 10, 2010 to 5 PM Monday, May 17, 2010. • C Street and D Street from Union Ave. to Victoria Ave. from 6 AM Wednesday, May 12, 2010 to 5 PM Tuesday, May 18, 2010. • Union Ave. from 1" Street to B Street, including Richmond, Grand, D Street and C Street from Union to Main. Grand and Main to Grand and Santa Fe. from 6 AM Thursday, May 13, 2010 to 6AM Monday, May 17, 2010. • Victoria Ave. on the bridge over the Riverwalk on the east side from 7 AM Sunday, May 16, 2010 until 2 PM Sunday, May 16, 2010. This is a one lane closure that will allow for a crane to be parked to accommodate a duck race. We will have flaggers that will direct traffic around the crane. In addition to the above street closures we will close the convention center overflow parking lot located between Main and Union Ave. on Thursday, May 13, 2010 and PBR parking lot on Monday, May 11, 2010. The parking lot located at City Hall will remain open with access from South Main. We would like to locate a bank of Port-a -lets on the west end of the lot; this will help in securing that no access onto Union from this lot can be obtained. We will utilize Pueblo Plaza for a beer garden. We will protect the landscaping with caution tape and barricades. We will do the same around the landscaping in the island areas on Union Ave. We will not allow any vendors to use tent stakes. All waste will be collected throughout the festival area and disposed of in a roll -off dumpster provided by the Chamber. Sincerely, i Rod Slyhoff President & CEO Serving Pueblo County since 1910