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HomeMy WebLinkAbout11958RESOLUTION NO. 11958 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ALHEIMER'S DISEASE AND RELATED DISORDERS ASSOCATION, INC., D/B/A ALZHEIMER'S ASSOCATION FOR THE USE OF STREETS INSIDE CITY PARK TO HOST THE 2010 MEMORY WALK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Alzheimer’s Disease and Related Disorders Association, Inc., d/b/a Alzheimer’s Association for the use of Goodnight Avenue between City Park Ave & Parkside Lane, Parkside Lane between Goodnight Ave & Nuckolls Ave, Nuckolls Ave between Parkside Lane & City Park Ave, and City Park Ave between Nuckolls Ave & Goodnight Ave on September 11, 2010, from 6:00 a.m. until 1:00 p.m. to host the 2010 Memory Walk. 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: August 23, 2010 BY: Vera Ortegon /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: AUGUST 23, 2010 AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ALZHEIMER'S DISEASE AND RELATED DISORDERS ASSOCATION, INC., D/B/A ALZHEIMER'S ASSOCIATION FOR THE USE OF STREETS INSIDE CITY PARK TO HOST THE 2010 MEMORY WALK ISSUE Should City Council issue a Revocable Permit to the Alzheimer's Association for the use of the public right-of-way located at City Park to host the 2010 Memory Walk? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Alzheimer’s Association has requested the use of the streets inside City Park on September 11, 2010 from 6:00 a.m. until 1:00 p.m. to host the 2010 Memory Walk. 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: Alzheimer's Disease and Related Disorders Association, Inc, d/b /a Alzheimer's Association, 4104 Outlook Blvd, Pueblo, CO 81008 (719) 544 -5720 2. Permitted Area: Goodnight Avenue between City Park Ave and Parkside Lane, Parkside Lane between Goodnight Ave and Nuckolls Ave, Nuckolls Ave between Parkside Lane and City Park Ave, and City Park Ave between Nuckolls Ave and Goodnight Ave 3. Purpose of Revocable Permit: Alzheimer's Memory Walk 2010 4. Authorized Improvements: 5. Commencement Date: September 11 2010 Time: 6:00 a.m. 6. Ending Date: September 11, 2010 Time: 1:00 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 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 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. I ,� Signed in Pueblo, Colorado this a- '8 day of ✓ , 20 10 . PERMITT EE: Organization: 112.1(IetrnCVS A$,Vaeo t o∎-) Y� Title: la mod 61)11)1.42)t)- J Qk) ( STATE OF COLORADO) V COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the 8 day of , 20 1 by JJ • L Y IS � Nx19 cu-v-1 as 1 .04.%.L. 1I_' /Lis • ,ppmt ts�f res: 41a(p I Dot a+ . a� : • T AR U Notary Public RA P p his day of (Salsas , 2010 . L'BL\ ,© J PUEBL • a Municipal Corporation o'r co. ":.,;rr;,,,.. By _ /.._ 1- E A". if,. President of the City Council CA — 4/6/10 YAKK I )K I I PUEB BLVD 01 I s o ET _ F A�! a W a • F U 1 s = 1 m c E W n a x a ff nT C RI m PARKSIDE LN "' Ll PARKSIDE L p p t co I m O = o 0 p u,,, . ,, p v Z C u� m i N m r m #d p v a a C i 03 gl' o n O a ' ro O 2 ° z o 1 g = a n \ 00 1 —+ I m � a o F 7c (�A�/ Aa aS {vp v '-' J C 6 •tR A 2 ® = Parkin \ R i a DEn arc 0) ® O1 ® ® _ 0 =) g ® 1 - — q m CALLA AVE I Rd s › DUPP AVE 1 — www.alz.org /co Colorado Chapter, Inc. 719 544 5720 phone 4104 Outlook Blvd., Bldg. B 719 5451357 facsimile Pueblo, CO 81008 800 272 3900 HELPLINE alzheimer's cl5 association June 14, 2010 Pueblo City Council 1 City Hall Place Pueblo, CO 81003 Dear City Council Members, Please accept this letter of request from the Alzheimer's Association to use City Park for our Annual Memory Walk. The Memory Walk is the National signature event for the Alzheimer's Association and has raised over $260 million nationally since inception in 1989. Our 2009 Pueblo Memory Walk raised approximately $110,000 for local services and programs relating to Alzheimer's Disease and other forms of dementia. Memory Walk 2010 is scheduled for Saturday, September 11 at City Park. Both entrances to the park, along with the road through the park will need to be closed from 8:30 a.m. until 11:30 p.m. for the safety of our 1,000 participants. Registration for Memory Walk begins at 8:00 a.m. with the walk kicking off at 9:00. We do have other festivities going on in the Park after the walk, but will not require the road to be closed. Set up to clean usually goes from 6:00 a.m. to 1:00 p.m. Thank you in advance for your consideration and support of the Alzheimer's Association and the Memory Walk. Please let me know if you need further information or clarification. Sincerely, 'k Kristi Gra am Development Officer Alzheimer's Association 719 -544 -5720 Kristi.graham @alz.org the compassion to care, the leadership to conquer 4 A CERTIFICATE OF LIABILITY INSURANCE 6i DAM /DD o ' PRODUCER (303) 894 -0298 FAX: (303) 894 -0161 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Nonprofit Resources, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 455 Sherman Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 207 Denver CO 80203 INSURERS AFFORDING COVERAGE NA IC # INSURED INSURER A: Philadelphia Insurance Co Alzheimer's Disease & Related Disorders INSURER B: 455 Sherman St INSURER C: Suite 500 INSURER D: Denver 1 CO INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 015UCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE (MM/DD/YYYY1 DATE IMM/DD#YYYYI GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea $ 100, 000 A X CLAIMS MADE , Xi OCCUR PHPK498938 1/1/2010 1/1/2011 MED EXP (Any one person) $ 5,000 X Human Service _ $1,000,000 ea occurrence PERSONAL &ADVINJURY $ 1,000,000 Professional $2,000,000 aggregate GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO r I LOC .IFCT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) A ALL OWNED AUTOS PHPK498938 1/1/2010 1/1/2011 BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY (Per accident) $ X NON -OWNED AUTOS X PROPERTY DAMAGE Per accident) $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA UABIUTY EACH OCCURRENCE $ 1 , 000 , 000 OCCUR CLAIMS MADE AGGREGATE _ $ 1 , 000 ,000 $ A DEDUCTIBLE PHUB290783 1/1/2010 1/1/2011 $ X RETENTION $ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' UABIUTY TOR_Y_LIMITS_ 5R ANY PROPRIETOR/PARTNER /EXECUTIVE ( / N E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe unde SPECIAL PROVISIOr NS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Pueblo, its officers, officials, and employees is named additional insured re: Memory Walk 10 -day notice of cancellation for non - payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Pueblo Parks and Recreation DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN 800 Goodnight Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Pueblo, CO 81004 IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE / tom'' - Li sa Zuniga /LZ L_ � / -;,- - ACORD 25 (2009/01) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200901) The ACORD name and logo are registered marks of ACORD