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HomeMy WebLinkAbout11981RESOLUTION NO. 11981 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND 31 STREET TO HOST THE 2010 CORPORATE CUP MILE RUN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the YMCA of st Pueblo for the use of Spaulding Avenue and 31 Street on September 16, 2010, from 5:00 p.m. until 7:00 p.m. to host the 2010 Corporate Cup Mile Run. 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: September 13, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 13, 2010 AGENDA ITEM # M-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND 31 STREET TO HOST THE 2010 CORPORATE CUP MILE RUN ISSUE Should City Council issue a Revocable Permit to the YMCA of Pueblo for the use of the st public right-of-way located at Spaulding Avenue and 31 Street to host the 2010 Corporate Cup Mile Run? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND st The YMCA of Pueblo has requested the closure of Spaulding Avenue and 31 Street on September 16, 2010, from 5:00 p.m. until 7:00 p.m. to host the 2010 Corporate Cup Mile Run. 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: YMCA of Pueblo, 3200 Spaulding Avenue, Pueblo, CO 81008, (719) 543 -5151 2. Permitted Area: Spaulding Avenue and 31 Street 3. Purpose of Revocable Permit: Corporate Cup 2010 — Mile Run 4. Authorized Improvements: 5. Commencement Date: September 16, 2010 Time: 5:00 p.m. 6. Ending Date: September 16, 2010 Time: 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 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 / 3 day of (( ,u f /J �I I , 20 ( 0 . PERMITTEE: j rYq cr 1 " Name: 1_14 ,„,„1, pa C Cam, 7�7�„...,„ By: /n Title: OA _ a .1 ..... .' C L/ 4 to STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was a owledged before me the / day of , 20 / 0 b 2J('o . commission expires: L0 eel 001 3 { �5�, f I�zn�n v �,, ��� ,,__ • ••• � Notary Publi `' Q � 1 5tha 13th day of September , 20 10. p � B• L PUEB ja Municipal Corporation F •'•• � B Y ri GN - C KJ - / \: I 0 . CO ,�,o' Pre of the City Council CA - 7/22/03 1 • www.invarion.com YMCA OF PUEBLO NOTES: AUGUST 2010 1. DAYTIME PROJECT ONLY. RACE EVENT 2. DURATION 1 DAY. 3. 36" ADVANCE SIGNS WILL BE USED A A AND SPACED @ 300' APART. 4.48" ADVANCE SIGNS WILL BE USED ON PUEBLO BLVD AND SPACED @ 500' APART. 1 5. TYPE 3 BARRICADES WILL BE USED @ THE •_ POINT OF CLOSURE. i 6.36" TRAFFIC CONES WILL BE USED FOR DELINEATION 10/ 4 '' I w. AND SPACED @ 35' APART. g ° 1 i 7. ALL DEVICES WILL BE SET IN ACCORDANCE WITH THE LATEST EDITION OF THE M.U.T.C.D. . L I ' ENTRANCE I 1 { 3 S Q Ik TRAFFIC CONTROL PLAN DRAWN BY: _ '' BARRICADE &SIGN, INC. - 201 COLORADO AVE. PUEB3 -1353 ORAC • 81004 715- 5 I � I, • 500 - 71&5/3-6211 FAX PLANNTTOSCALE.CONCEPTONLY ` �\ \/A I ( ® 11‘ s YMCA of Pueblo • August 23, 2010 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members: You've heard of mixing business with pleasure, well September 11 -30 the YMCA of Pueblo is providing 27 local organizations, over 3000 participants, with an opportunity to mix business with fitness. The annual three week event is celebrating 26 years of fostering an environment where companies can help their employees get healthy, build relationships and have fun! The Corporate Cup is a fitness challenge to local organizations, businesses and corporations. The purpose of the Corporate Cup is to promote healthy lifestyles in our community. Employees, both male and female, both young and old, both fit and unfit, participate in the activities. Businesses are divided into three divisions depending on their size and compete amongst one another in various events. Team events include golf, bowling, softball, volleyball, team challenges, tug of war and swimming relays. Individual events include a predicted 5K walk /jog, 12.4 mile bike, basketball shoot, football throw and 1 mile run. We are requesting a revocable permit for a portion of this program, the 1 mile run. This permit would enable us to close one lane of East Spaulding Avenue from 5 p.m. to 7 p.m. on Thursday, September 16, 2010. The 1 Mile begins at 5:45 p.m. and is anticipated to end at 6:45 p.m. - Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Sincerely, ' /do / / ied Hilary Pacheco -Hall / Health & Wellness Director YMCA of Pueblo 719 - 543 -5151 ext. 321 hpachecohall @puebloymca.org 3200 Spaulding Avenue Pueblo, Colorado 81008 719.543.5151 fax 719.544.3780 www.puebloymca.org YMCA Mission: To put Christian principles into practice through programs that build healthy spirit, mind and body for all. Client#: 158602 YMCAPUEB _ • ACORDTN CERTIFICAT OF LIABILITY INS D ATE (MM PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HUB Intemational Ins Svcs Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1414 W 4th St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 58 Pueblo, CO 81002 INSURERS AFFORDING COVERAGE NAIL # INSURED INSURER A: Philadelphia Insurance Company YMCA of Pueblo & YMCA Community Campus INSURER B: Pinnacol Assurance 3200 Spaulding INSURER C: Pueblo, CO 81008 INSURER D: 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 OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R POLICY TYPE OF INSURANCE POCY NUMBER ATE (MM /OD /YYYY) D EXPIRATION (MM /D/YYYY LT INSRr POLICY R INSRC ) LIMITS LT A GENERAL LIABILITY PHPK507802 12/31/2009 12/31/2010 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100 000 PREMISES (Ea occurrence/ CLAIMS MADE © OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 ' X1 POLICY I J fl L A AUTOMOBILE LIABILITY PHPK507802 12/31/2009 12 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 — ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ — X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT_ $ R ANY AUTO OTHER THAN EA ACC $ . AUTO ONLY: AGG $ A EXCESS / UMBRELLA LIABILITY PHUB292771 12/31/2009 12/31/2010 EACH OCCURRENCE $3,000,000 _ 71 OCCUR © CLAIMS MADE AGGREGATE $3,000,000 $ DEDUCTIBLE $ _ X RETENTION $ 10,000 - T — $ B WORKERS COMPENSATION AND 596752 10/1/2009 10/1/2010 x 1 Tn RY I MRS M FR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT . $500 OFFnd ((MMee alory In N HR EXCLUDED? dd II E.L. DISEASE - EA EMPLOYEE $500,000 If es, decribe untlr e SI s di ci A s L PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 • OTHER • • • DESCRIPTION OF OPERATIONS ! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The certificate holder shall be an additional insured regarding the YMCA Corporate Cup 1 Mile Run 9/16/2010 • CERTIFICATE HOLDER _ CANCELLATION 10 Days for Non - Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Pueblo DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAR 30 DAYS WRITTEN 1 City Hall Place NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Pueblo, CO 81003 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, rrs AGENTS OR "• REPRESENTATIVES. A � � HOEPRESEIiTf1TIV fif ACORD 25 (2009/01) 1 of 2 #S821439/M727746 ® 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TB01 `