HomeMy WebLinkAbout11870RESOLUTION NO. 11870
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE RIVERWALK SENATE
RESTAURANT & LOUNGE, LLC, FOR THE USE OF THE
RIGHT OF WAY AT 219 S. GRAND TO PARTICIPATE IN
THE 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 Riverwalk
Senate Restaurant & Lounge, LLC, for the use of the right of way at 219 S. Grand from
May 13, 2010, at 10:00 a.m. until May 16, 2010, at 6:00 p.m.
SFrTinN 9
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-4
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE RIVERWALK SENATE RESTAURANT & LOUNGE, LLC, FOR THE USE OF
RIGHT OF WAY AT 219 S. GRAND TO PARTICIPATE IN THE WILD, WILD WEST
FEST
ISSUE
Should City Council issue a Revocable Permit to the Riverwalk Senate Restaurant &
Lounge, LLC, for the use of the public right of way located at 219 S. Grand for the
purpose of participating in the Wild, Wild West Fest?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Riverwalk Restaurant & Lounge, LLC, has requested the use of the right of way at
219 S. Grand from May 13, 2010, at 10:00 a.m. until May 16, 2010, at 6:00 p.m. to
participate in the Wild, Wild West Fest. Although the Pueblo Chamber of Commerce IS
applying for a Revocable Permit for this event, the Liquor Board is requiring the
Riverwalk Senate Restaurant & Lounge, LLC, to have their own permit in order to sell
alcohol outside the premises of their establishment.
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: Riverwalk Senate Restaurant & Lounge, LLC, 219 S.
Grand, Pueblo, CO 81003 (719) 406 -2119
2. Permitted Area: Right of Way at 219 S. Grand Avenue
3. Purpose of Revocable Permit: Wild, Wild West Fest
4. Authorized Improvements:
5. Commencement Date: May 13 2010 Time: 10_00 a.m.
6. Ending Date: May 16 2010 Time: 6:00
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 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 personally or
by first class mail, postage prepaid, as follows:
(i) If to Permittee, at the address shown in paragraph l 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. J
Signed in Pueblo, Colorado this _ _ day of t ` 201D
STATE OF COLORADO )
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me the O day of All 20 /t7
by. MJ / Y ( /"C / / G(eX as K' BBL
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Notary lic
E this: h day of April _ ,2010
'O PUEBLO, a Municipal Corporation
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ACORD CERTIFICATE OF LIABILITY
INSURANCE
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
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POLICY EFFECTIVE POLICY EXPIRATION
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PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HUB International Ins Svcs Inc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1414 W 4th St
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 58
A
Pueblo, CO 81002
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
The Riverwalk Senate Restaurant& Loung
219 S Grand Avenue
Pueblo, CO 81003
INSURER A: Nautilus Insurance Company
$1.000.000
INSURER B:
INSURER C:
INSURER D:
INSURER E:
$100,000
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.
POLICY EFFECTIVE POLICY EXPIRATION
LTR
N82
TYPE OF INSURANCE
POLICY NUMBER
p E MM OIYYYY
DATE fMM
UNITS
A
GENERAL LIABILITY
NC869172
1212412009
12124/2010
EACH OCCURRENCE
$1.000.000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
$100,000
CLAIMS MADE 7X1 OCCUR
MED EXP (Any one Parson)
$5,000
PERSONAL 8 ADV INJURY
$1.
X BI/PD Ded:500
GENERAL AGGREGATE
$2,000,
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$2,000,
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AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
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NON -OWNED AUTOS
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AUTO ONLY - EA ACCIDENT
$
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EXCESS
(UMBRELLA LIABILITY
EACH OCCURRENCE
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DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Wild Wild West Fast
City of Pueblo
1 City Hall Place
Pueblo, CO 81003
25 120091011 1 of 2
LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3 n_ DAYS WRITTEN
:E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $O SHALL
HE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
A HOIII RIZED REPRf, BE; iTATIVE _ -
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