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HomeMy WebLinkAbout11878RESOLUTION NO. 11878 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 N. UNION TO PARTICIPATE IN THE 2 ND ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The attached Revocable Permit is authorized to be issued to 101. LLC. for the use of the right of way at 101 N. Union from May 14, 2010, at 10:00 a.m. until May 16, 2010, at 6:00 p.m. 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: May 10, 2010 BY: Chris Kaufman COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK Background Paper for Proposed RESOLUTION DATE: MAY 10, 2010 AGENDA ITEM # M -7 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 N. UNION TO PARTICIPATE IN THE 2 ND ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to 101, LLC, for the use of the public right of way located at 101 N. Union for the purpose of participating in the Wild Wild West Fest? The Revocable Permit Review Committee recommends approval. BACKGROUND 101, LLC, has requested the use of the right of way at 101 N. Union from May 14, 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 will be applying for a Revocable Permit for this event, the Liquor Board is requiring the Riverwalk Restaurant & Lounge, LLC, to have their own permit in order to sell alcohol outside the premises of their establishment. Rod Slyhoff from the Pueblo Chamber of Commerce is aware of this application and has no objection to the issuance of an additional permit. 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: 101, LLC, 101 N. Union, Pueblo, CO 81003 (719) 369- 0047 2. Permitted Area: 101 N. Union 3. Purpose of Revocable Permit: Wild Wild West Fest 4. Authorized Improvements: 5. Commencement Date: Mav 14 2010 Time: 10_00 a.m. 6. Ending Date: May 16 2010 Time: 6:00 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 caf6, the Permittee and sidewalk caf6 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 — 4/6/10 (i) Pernittee 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 and contain a waiver of rights of subrogation against City. 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. Q) 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. d Signed in Pueblo, Colorado this 213y day of A&L 1 20 _L(:.)__ . UWaW ALF.Wr'rAV�AWAWPQU N STATE OF COLORADO ) COUNTY OF PUEBLO The foregoing instrument was acknowledged before me the a day of ARV 1 2010 by Tj I Lair R i ty% P h re to as ftl an4q t nj 4U-4 bG Y Notary Public AP -vOYFI) / day o , 20 1a f �(`ne� 1 B Lam' ®e --T 9 z`' ,. ,GQV• °` / PUEBLO, a Municipal Corporation iq / Uf1111tlf�P' `;,,, By iiJ %. IA) Zat w� President of the City Council CA — 4/6/10 'TaRoll "M$ mo 1 5 ) L� A I �10 PEEN �;P'l 0 0 Im 1 010 F I 0 1 04 Ll _.. _ II l�i ��i uoicQ Avr- 5"T 2-01 0 6 /ZO 0 c , fu!5gg our pooje 5C-AVAJC; ARC rok F6S-r LETTER OF INTENT 04/27/2010 From: 101 LLC, DBA The 101 101 -103 N. Union Ave. Pueblo, CO 81003 To: City Of Pueblo To whom it concerns, We are asking for a revocable permit to use the sidewalk and portion of street (10' from curb towards center of street) along the width of our property. The purpose of this permit is to allow us to sell food and alcohol outside our establishment during the Wild West Fest operated by the Greater Pueblo Chamber of Commerce. The dates of our operation would be May 14 -16, 2010. Our area will be controlled with 4' high crowd barriers around the perimeter with one point of access facing Union Ave. We will have staff security at this point at all times during the event to make sure no alcohol enters or leaves our premises. Thank you for your consideration. Brian Pumphrey Managing Member