HomeMy WebLinkAbout11941RESOLUTION NO. 11941
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO ST. FRANCIS XAVIER CHURCH
FOR THE USE OF THE 1700 BLOCK OF SPRUCE
STREET AND LOGAN STREET BETWEEN PINE STREET
& ROUTT STREET TO CONDUCT A CHURCH FESTIVAL
FROM JULY 30, 2010, THROUGH AUGUST 1, 2010
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to St. Francis Xavier
Church for the use of the 1700 Block of Spruce Street and Logan Street between Pine
Street and Routt Street for the purpose of conducting a church festival. The period of
the Revocable Permit will be from 5:00 p.m. on July 30, 2010, until midnight on
August 1, 2010.
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: July 26, 2010
BY: Vera Ortegon /COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: JULY 26, 2010AGENDA ITEM # M-10
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST.
FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE
STREET AND LOGAN STREET BETWEEN PINE STREET & ROUTT STREET TO
CONDUCT A CHURCH FESTIVAL FROM JULY 30, 2010, THROUGH AUGUST 1,
2010
ISSUE
Should City Council issue a Revocable Permit St. Francis Xavier Church for the use of
the 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street
for the purpose of conducting a church festival?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this request.
BACKGROUND
St. Francis Xavier Church is requesting a Revocable Permit to use public roadways
around the church to conduct a church festival. The period of the Revocable Permit will
be from 5:00 p.m. on July 30, 2010, until midnight on August 1, 2010.
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: St. Francis Xavier Church, 611 Logan, Pueblo, CO
81004, (719) 564 -1125
2. Permitted Area: 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street
3. Purpose of Revocable Permit: Church Festival
4. Authorized Improvements:
5. Commencement Date: July 30, 2010 Time: 5:00 p.m.
6. Ending Date: Aug 1 2010 Time: Midnight
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 - 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.
(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 /5 day of (l ��� , 20 /0 .
PERMITTEE: /J /
Organization: 5f, crallcs s vier eh L�.rc%'
By: Rey' / cisl c1 xn; �- r 7
Title: Q i `,put/7,C.( RS-id./z1
STATE OF COLORADO )
C'Or ►NTY-OF PUEBLO ) ss
- -The, foregoing- : instru was acknowledged before me the L5* ' day of = _ L � 20 /0 by
. , My conunissior Txpires l ` ,Z.01. •
/ Airja,Pia/A1P4Vir
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Not Public
APPROVED this 26 th day of July , 20 10 .
PUEB , a Municipal Corporation
BY lu.vil..n,e A . ✓ {� (it l�►4�,r rf
resident of the City Council
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St. Francis Xavier Church
611 Logan ❖ Pueblo, CO 81004 ❖ (719) 564 -1125
2010 All Nations Festival
"United We Stand As Family"
Dear Friends of the City of Pueblo:
It's almost that time again! Very soon the booths will go up and the
"All Nations" flags will be hung high for all to see. Our church family
is getting everything ready to present the "best festival in town ". Our
festival will be held on July 30th, 31St and August 1st.
This year's theme reminds us that we are all in the eyes of God,
brothers and sisters. So as family we invite you to join us at the
festival for fun and fellowship.
St. Francis Xavier Church which was established in 1903 remains a
vital part of the Bessemer Neighborhood. Our church family has a
duty to pass on to the next generation the importance of keeping our
customs and traditions. We ask that you share the importance of
service and support to our church and share with your children,
grandchildren and friends our wonderful festival. Come home to
Saint Francis Xavier Church! And united as a family we shall
always succeed and relish the blessings of God.
Thanks and God Bless,
"kl.liff(01-1419 •
Fr. Uju Okeahialam, CSSp
JUN. 16. 2010 8:11AM CMG 402 551 2943 NO. 1620 P. 2/3
' Certificate of Coverage , , , , D ate? 6/16/ ;.
Certincate Holder This Certificate is issued as a matter of information only and
The Diocese of Pueblo and/or Bishop of Pueblo a confers no rights upon the holder of this certificate. This certificate
Corporation Sole including all Catholic Corporations not for does not amend, extend or alter the coverage afforded below.
Profit Sponsored by the Bishop of Pueblo or The Diocese of _
Pueblo, 1001 North Grand Avenue, Company Affording Coverage
Pueblo, CO 81003 Ti-II: CATHOLIC MUTUAL RELIEF
• SOCIETY OF AMERICA
Covered Lncarton 10843 OLD MILL RD
St Francis Xavier Parish OMAHA, NE 68154
611 Logan Street
Pueblo, CO 81004
r,Coverages ' • ,
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
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 coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Type of Coverage Certificate Number Effective Coverage Expiration
Date Date Limits
Property
Real & Personal Property
General Liability General Aggregate
Products- Comp /OP Agg
0 Occurrence
Personal & Adv Injury
® Claims Made
8590 7/1/2010 7/1/2011 Each Occurrence 500,000
Fire Damage (Any one fire)
Mcd Exp (Any one person)
Excess Liability —__
8590 7/1/2010 7/1/2011 Each occurrence 500,000
Other
Each Occurrence
Description or Operations/Locations/Vehicles/Special Items
Coverage only extends for claims arising out of St. Francis Xavier's Church Festival to be held at 611 Logan Street & 1700 Block of
Spruce (Street Closed) on July 30, 31 & August 1, 2010.
Holder of cencate; f .1 - , ; , , , .
rtl ,, • 1 . Cancellation ;•i;;
Additional Protected Person(s) Should any of the above described coverages be cancelled
City of Pueblo, CO before the expiration date thereof, the issuing company will
endeavor to mail 30 days written notice to the holder of
certificate named to the left, but failure to mall such notice shall
impose no obligation or liability of any kind upon the company,
its agents or representatives.
Authorized Representative 4 , t �
0171000462 Ate imis
JUN. 16. 2010 8:11AM CMG 402 551 2943 NO. 1620 P. 3/3
ENDORSEMENT
(TO BE ATTACHED TO CERTIFICATE)
Effective Date of Endorsement 7/30/2010 Charge Credit
Cancellation Date of Endorsement 8/2/2010
Certificate Holder The Diocese of Pueblo and/or 13ishop of Pueblo a Corporation
Sole including all Catholic Corporations not for Profit Sponsored
by the Bishop of Pueblo or The Diocese of Pueblo, 1001 North
Grand Avenue,
Pueblo, CO 81003
Certificate No. 8590 of The Catholic Mutual Relief Society is amended as follows:
SECTION II - ADDITIONAL PROTECTED PERSON(S)
It is understood and agreed that Section 11 • Liability (only with respect to Coverage D - General
Liability, Coverage F - Medical Payments to Others and Coverage H - Counseling Errors and Omissions) is
amended to include as an Additional Protected Person(s) members of the organizations shown in the
schedule, but only with respect to thcir liability for the Protected Person(s) activities or activities they
perform on behalf of the Protected Person(s).
It is further understood and agreed that coverage extended under this endorsement is limited to and applies
only with respect to liability assumed by contract or agreement; and this extension of
coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of
liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this
endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of
coverage endorsement or extend beyond the cancellation date.
Schedule - ADDITIONAL PROTECTED PERSONS)
City of Pueblo, CO
Remarks: Coverage only extends for claims arising out of St. Francis Xavier's Church Festival to be
held at 611 Logan Street & 1700 Block of Spruce (Street Closed) on July 30. 31 & August
1, 2010.
•
ay
PKr A u
122(I -99) :Authorized epresentative