HomeMy WebLinkAbout11879RESOLUTION NO. 11879
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE SOUTHERN COLORADO
SOAP BOX DERBY FOR THE USE OF JOPLIN AVENUE
FROM 4TH STREET TO CATALPA STREET TO
CONDUCT THE 2010 REGIONAL SOAP BOX DERBY
RACE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Southern Colorado
Soap Box Derby, Inc., for the use of Joplin Avenue from 4 Street to Catalpa Street for
the purpose of conducting a soap box derby race. The period of the Revocable Permit
will be June 12, 19, and 26, 2010 from 6:00 a.m. to 7:00 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: Mav 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 -8
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE SOUTHERN COLORADO SOAP BOX DERBY FOR THE USE OF JOPLIN
AVENUE FROM 4TH STREET TO CATALPA STREET TO CONDUCT THE 2010
REGIONAL SOAP BOX DERBY RACE
ISSUE
Should City Council issue a Revocable Permit to the Southern Colorado Soap Box
Derby for the use of Joplin Avenue from 4th Street to Catalpa Street for the purpose of
conducting a soap box derby race?
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Southern Colorado Soap Box Derby has requested the closure of Joplin Avenue
from 4th Street to Catalpa Street on June 12, 19, and 26, 2010 from 6:00 a.m. to 7:00
p.m. to conduct a regional soap box derby race.
FINANCIAL IMPACT
None.
13ILM91H• \:311 a 9 CKV8IY Il
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: Southern Colorado Soap Box Derby, 3400 Canterbury,
Pueblo, CO 81005 (719) 647 -0599
2. Permitted Area: Joplin Avenue between 4" Street and Catalpa Street
3. Purpose of Revocable Permit: Soap Box Derby
4. Authorized Improvements:
5. Commencement Date: June 12 2010 Time: 6:00 a.m, to 7:00 p.m.
6. Ending Date: June 19 2010 Time: 6:00 a.m. to 7:00 p.m.
June 26 2010 (rainday) Time: 6:00 a.m. to 7:00 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 cafd, the Permittee and sidewalk cafid 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 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, 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. 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 1-5 day of ��'�' / Z , 20 /U
PERMITT
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STATE OF COLORADO )
COUNTY OF PUEBLO ) ss..
The foregoing instrument was acknowledged before me the F - f )_ day of ( 20 by
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Notary Public
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Af £D tp�s I y' day of `V� �* �_ 2M O
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A ; = v 0 PUEBLO, a Municipal Corporation
By ,nii,bLSxK (A)'
President of the City Council
CA-4/6/10
SOUTHERN COLORADO SOAP BOX DERBY, INC.
April 7, 2010
Pueblo City Council
1 City Hall Place
Pueblo, Colorado 81003
Attn: Revocable Permit Review Committee
RE: Letter of Intent to close off City streets and race the Soap Box Derby on Joplin Avenue
To whom it may concern,
The Southern Colorado Soap Box Derby is applyi for a "revocable permit' to have the
Regional race down Joplin Avenue, just south of St. The race day is June 19, 2010, the trial
race day is June 12 and the rain day is set for June 26th. Therefore this permit should apply for
all three days.. We have also applied for a Permit with CDOT due to-the fact that Joplin.St.is
State Highway 227.
It is our intention to barricade Joplin Ave. at 4 Street, and to direct traffic south on Iola Ave.
and Kingston Ave. Barricades will also be installed on Joplin Ave. at Catalpa Ave. and north
bound traffic will be detoured up Kingston Ave. To prevent traffic between Iola Ave. and
Kingston Ave., barricades will be installed on East 3 Street, East 2 nd Street, East 1" Street, East
River Street, East Ash Street, and East Beech Street. The time of street closures will be from
6:00 am until 7:00 pm.
Included with this letter is the Revocable Permit application, a plat of the proposed race track
and the adjoining streets, a copy of our Certificate of Liability of Insurance, a copy of the
application that was submitted to CDOT, the application fee, and the application deposit.
If you should have any questions about this application, or our Soap Box Derby race, please call
Somer Mese at (719) 647 -0599 or Mary Scarcello at (719) 544 -0902.
Sincerely,
Somer A. � Mese
President - Southern Colorado Soap Box Derby, Inc.
PO Box 8876 • Pueblo, Colorado 81008.(719)647-0599 • somer.mese@socoderby.com