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(:.)__ .
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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
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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
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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