HomeMy WebLinkAbout11907RESOLUTION NO. 11907
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE PUEBLO COMMUNITY
DIABETES PROJECT FOR THE USE OF GRAND AVENUE
BETWEEN MAIN STREET AND SANTA FE AVENUE FOR
THE 2010 “PUEBLO PREVENT-A-THON”, A DIABETES
BENEFIT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Pueblo
Community Diabetes Project for the use of Grand Avenue between Main Street & Santa
Fe Avenue on June 26, 2010, from 4:00 p.m. until 11:59 p.m. to host a diabetes benefit.
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: June 14, 2010
BY: Judy Weaver /COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: JUNE 14, 2010AGENDA ITEM # M-8
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE PUEBLO COMMUNITY DIABETES PROJECT FOR THE USE OF GRAND
AVENUE BETWEEN MAIN STREET & SANTA FE AVENUE FOR THE 2010 “PUEBLO
PREVENT-A-THON”, A DIABETES BENEFIT
ISSUE
Should City Council issue a Revocable Permit to the Pueblo Community Diabetes
Project for the use of the public right-of-way located at Grand Avenue between Main
Street & Santa Fe Avenue to host a diabetes benefit?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Pueblo Community Diabetes Project has requested the closure of Grand Avenue
between Main Street & Santa Fe Avenue on June 26, 2010, from 4:00 p.m. until 11:59
p.m. to host a diabetes benefit event.
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: Pueblo Community Diabetes Project, 5207 North Creek
Road, Beulah, CO 81029 (719) 544 -6391
2. Permitted Area: Grand Avenue Between Main Street and Santa Fe
3. Purpose of Revocable Permit: Fundraiser
4. Authorized Improvements:
5. Commencement Date: June 26 2010 Time: 4:00 p.m.
6. Ending Date: June 26, 2010 Time: 11:59 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 cafe, the Permittee and sidewalk cafe 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) 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.
(j) 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 / 7t6 day of //4 y , 200C .
PERMITTEE:
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By: it — Z. • — WA 14 L. (31 s5c,1fi Zit.
Title: PR.e_.,Si tl -eti,
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss
The foregoing instrument was acknowledged before me the /7141 day of mill?' , 20
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APPROVED .71.3� t 0 . p D ire this 1 day of '`v._ , 20 '
PUEBLO, a Municipal Corporation
By Cto.r- Cd....,-e., (A ) - (.( ,.L.ec/r
President of the City Council
CA - 7/22/03
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omunmity City of Pueblo:
Diabetes
Project
As you know, diabetes poses a serious health risk to Puebloans. The Pueblo Community
Diabetes Project (PCDP) has been working since 2001 to prevent diabetes, increase early
Pueblo Community Diabetes Project diagnosis, support effective education and behavior change and promote evidence -based
P.O. Box 8005 treatment in Pueblo County.
Pueblo, Colorado 81008
www.pueblodiabetes.org As a tax - exempt organization, we have been the vehicle through which several large and
small grants have been administered. While we continue to pursue grant funding, we are
Sayra Bassett also asking our community to help us in our efforts through a Run/Walk, Horseshoe
Executive Director Competition, Poker Run and Concert on June 5, 19, 20, and 26 2010.
Walter L. Bassett Jr. Run/Walk: June 5th, CSU- Pueblo, Registration at 7:00 am, walk begins at 8:00
President
Thad Beller
Horseshoes: June 19 and 20th, Avondale
Vice President Poker Run: June 19th, Various stops
Rene Anderson Concert: June 26th, Grand Ave between Sante Fe Ave and Main St,
Treasurer
6:00.11:00 pm
Beth Vega
Secretary The concert will require the road closure of Grand Avenue between Main Street and
Santa Fe Avenue on June 26, 2010 from 4:00 pm to 12:00 am. The actual event will last
from 6:00 -11:00 pm, with the rest of the time being used for preparation and clean -up. The
Board Members I
event is expected to have up to 1,000 in attendance, with Work Zone providing necessary
road closures.
Susan Beeman
Sharon Blackman Sincerely,
Carol Foust
Keith Gerlock
Karen Hoffman - Maroney
Julie Kuhn Sayra Bassett Walt Bassett, Jr.
Lori Miller Executive Director President
Chris Reichert
Linda Rikhoff
Tel: 719 - 406 -4979
Fax: 719 - 542 -4172
director@pueblodiabetes.org