The URL can be used to link to this page

Home My WebLink About11983 RESOLUTION NO. 11983 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101 LLC, FOR THE USE OF THE RIGHT OF WAY AT 101 N. UNION TO PARTICIPATE TH IN THE 16 ANNUAL CHILE & FRIJOLE FESTIVAL. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to 101, LLC, for the use of the right of way at 101 N. Union from September 23, 2010 at 8:00 a.m. until September 26, 2010 at 9:00 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: September 13, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 13, 2010AGENDA ITEM # M-10 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101, LLC, FOR THE USE OF THE RIGHT OF WAY AT 101 N. UNION TO TH PARTICIPATE IN THE 16 ANNUAL CHILE & FRIJOLE FESTIVAL ISSUE Should City Council issue a Revocable Permit to 101, LLC, for the use of the public right th of way located at 101 N. Union for the purpose of participating in the 16 Annual Chile & Frijole Festival? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND 101, LLC, has requested the use of the right of way at 101 N. Union from September 23, 2010, at 8:00 a.m. until September 26, 2010, at 9:00 p.m. to participate in the Chile & Frijole Festival. Although the Pueblo Chamber of Commerce will be applying for a Revocable Permit for this event, the Liquor Board is requiring the Riverwalk Restaurant & Lounge, LLC, to have their own permit in order to sell alcohol outside the premises of their establishment. Rod Slyhoff from the Pueblo Chamber of Commerce is aware of this application and has no objection to the issuance of an additional permit. 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: 101, LLC, 101 N. Union, Pueblo, CO 81003 (719) 369 -0047 2. Permitted Area: Right of Way at 101 N. Union Avenue 3. Purpose of Revocable Permit: Chile & Frijole Festival 4. Authorized Improvements: 5. Commencement Date: September 23 2010 Time: 8:00 a.m. 6. Ending Date: September 26, 2010 Time: 9:00 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-7/22/03 (1) 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. y� Signed in Pueblo, Colorado this 1 day of TI (k.3 , 20 10 . PERMITTEE: Organi ' C) B g 4h= —ir Y Title: jdA.,,A61A)c, STATE OF OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the ° - 1 day of A U_ , 20 1 by Pu IYl h as m ttf ( c y P1J�L y �'e il iss.i9n ires: 1-} . a • J : IOTA /� •O y „ Notary Public A $P, Q V " ), tliis _ li th day of September , 20 10 ., _ PUEBLO, a Municipal Corporation 0 GO 41 ',ffffiir.1111111 By _ M • . . . i. • _ iL. President of the City Council CA — 4/6/10 . _ " , .16 . . - i PVC • ' 5 ' ,... 2 ! ......laminvelt....la Z r■ 4 ,.., • . : , •...."......';'.".. . 111111167- — ... . ' ... • : ! F '-V--:-;-:-,-r 111■11, -- . . -- f ' . , . ___.,.. _..____ I • • - - 0.1. r' .1 11111111•11 : ......--. ...-Pr_........ __.. . I :=Boungra :: - . ..., . . % 1 I v ' ....... , - • .M ...: . . . . ... ,.. f r-----1 ' • _ . -: 1 • -- • C-*----t '" .36.1 r — !.• 1 •:. • - • r ., ! • - 1 :'-::: CANC: ' Il . . . •-.- ..- .- .- .....____, .-.- ■ : .... ::: - --....I 1 -- 'II.% • ' ? '''', - • .- . :... , ■ . 6 .....,■ , ...,....■ :. ........, I 0 . . . - • • : 7; AN 7.1 I .r. :. .1 . ...L_ .: , . .1 --, Z---‘ --- - ;.7 1 :.: -: • .! . I I .1 . n ..... • •-". -. - .._ • i - • L ! i r i . .= t ,L_e----7---- • I. ._---izj--.!-_-_1 .; :- :.* C --) --k ----._ ......- .....: • • — - - . . . . .. " ' - • — ' 4 77 . ”• ? " . 2 -1 1 . NI . ....,______.• D i . • - ' ..... ' ' -- '.1 ; j E ' . • • - - - . - - ' 6 ' -- , .-...11..... 3.....L., .M. '...... '-:' ' MI .., 6. ta. ,...., I j . ----- r -. - - . E I '. ■ _ ° - -• • : (--_, -- co__ Zr II ,,_.!.......-...-.-- • •_::. . ! I / - • • --.-' . I _. . :.. • r --:\ " " -: ,,___.___,. ,.. ',_ r_...,/ :-.. ---- -- i • ' • - C '.r. : , • !,!.---:-.---1. - I -- . ..-- , .___ 1 ,.., — I — .• _ Li I — ' I II .. •.--. 1 – I .... , ' • II: i7 ' ----t.....„ ...--. 1.:: • - I • - - I — I • ' .=. – .- * �0905E� - r - e,i4a , W1 1 • --........& I rs. ''', j • ' I' ..._._: • • • ' LI ,,, , .,..: a° I D 0 Vr W012, T ,_ StavvALK. -? " I ...... i . i ,i .4.1 II h 51I,6 • 4' AiM6, roc* fiAgRato_ rola •0 Fog. cpii-) -=- • what.) ASE --> I ____101-103 'J uftflenj A 1 / _ f . .. . .. .._. ----PuF-8 W Vat:f3 I ‹- Li-s'_.› 8/23/2010 From: 101 LLC, DBA The 101 101 -103 N. Union Ave. Pueblo, CO 81003 To: City Of Pueblo To whom it concerns, We are requesting the issuance of a revocable permit to use the sidewalk and portion of street (10' from curb towards center of street) along the width of our property. The purpose of this permit is to allow us to sell food and alcohol outside of our establishment during the Chile And Frijoles Festival operated by the Greater Pueblo Chamber of Commerce. The dates of our operation would be September 23 -26 2010. We have received permission from greater Pueblo Chamber Of Commerce to operate in conjunction with their event. Our area will be controlled with 4' high crowd control barriers around the perimeter, with one access point facing Union Ave. We will have staff security at this point at all times during open hours of the event to ensure no alcohol enters or leaves our premises. Thank you for your consideration. .n umphrey Managing Member 8/29/2010 8:33 AM FROM: Centennial - Insurance Centennial Insurance TO: 5532299 PAGE: 001 OF 001 ACORL, CERTIFICATE OF LIABILITY IN DATE(MM/DDIYYYY) 08 /24 /2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the • certificate holder In lieu of such endorsement(s). — CONTACJ PRODUCER NAME: PN 719.544.1111 jl , ,, Centennial Insurance Agency, LLC (NC No.E:ul: 1515 Fortino Blvd. 2nd Floor E-MAIL ADDRESS: Pueblo, CO 81008 CUSTOMER ID 8: - IN9URER(S) AFFORDING COVERAGE _ RAW 0 INSURED INSURER A: Adco General Insurance 101 LLC INStRERD: Pinnacol Assurance 41190 DBA: THE 101 INSURER C : 425 W THIRD INSURER D : PUEBLO, CO 81003 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 2009 REVISION NUMBER: THIS IS TO INDICATED. NOTWITHSTANDING T ANY REQUIREMENT, TERM OR CONDITION V OF B ANY CONTRACT OR OTHER DOCUMENT WITH POLICY TH 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NM TYPE OF I NSURANCE INSR WVD POLICY NUMBER ( IMM/DCDNYYY1 L IMITS INSR WVD GENERAL LIABILITY SCP0753023 0511312010 05/1312011 EACH OCCURRENCE $ 1,000,000 X 1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50 1 CLAIMS•MADE X OCCUR MED EXP (Any one person) S 5 , 000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GERI. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY I J T I 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 7-1 ec (Ea d dem) r— I ANY AUTO BODILY INJURY (Per person) S 1 ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE S HIRED AUTOS (Per accident) NON -OWNED AUTOS S — S UMBRELLA UAB _ OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE $ _ _ DEDUCTIBLE $ r REIIIIIAI$II 1 r I 10TH- a WORKERS COMPENSATION WCSTATU- 4121191 02/01/2011 TORY LIMITS ER AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE El. EACH ACCIDENT $ 100, 000 B OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S 100,000 It yes describe under 1 DESCRIPTION OF OPERATIONS below E.L. DISEASE •POLICY LIMIT S 500,000 oo� I C I R�IPTION P OF U E OPE BL RAT O I5 LI ED IONS / LOCAT 1 VAS ADENICLED T S ch ACORD 101 URED AddRional Remarks Schedule, N more space Is required) CITY OF RI AL I CERTIFICATE HOLDER CANCELLATION FAX: 719.553.2294 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF PUEBLO CITY AUTHORIZED REPRESENTATIVE ONE CITY HALL PL PUEBLO, CO 81003 Paul Sparrow /CHRIS 01988 -2009 ACORD CORPORATION. AN rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD