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Home My WebLink About12115RESOLUTION NO. 12115 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO CRIME STOPPERS, INC., FOR THE USE OF THE 100 BLOCK OF WEST “B” STREET FOR THE PURPOSE OF CONDUCTING THE “B” STREET BASH ON JUNE 3, 10, 17, and 24, 2011 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Pueblo Crime Stoppers, Inc., for the use of the 100 Block of West “B” Street from 4:00 p.m. on Friday until 8:00 a.m. on the following Saturday to conduct the “B” Street Bash. The event will be held four Fridays: June 3, June 10, June 17, and June 24, 2011. 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: March 28, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MARCH 28, 2011AGENDA ITEM # M-12 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO CRIME STOPPERS, INC., FOR THE USE OF THE 100 BLOCK OF WEST "B" STREET FOR THE PURPOSE OF CONDUCTING THE "B" STREET BASH ON JUNE 3, 10, 17, AND 24, 2011 ISSUE Should City Council issue a Revocable Permit to Pueblo Crime Stoppers, Inc., for the use of the 100 Block of West "B" Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Pueblo Crime Stoppers, Inc., is requesting the use of the 100 Block West B Street from 4:00 p.m. on Friday until 8:00 a.m. on Saturday to conduct the annual "B" Street Bash. The event will be held on June 3, June 10, June 17, and June 24, 2011. 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: P.4.-l0 s}op Co Q p o i 1 Nam Address and Telephone Number of Permittee: 2 b p s y✓t,4) �v F' i. o 2. Permitted Area: ) OZ) ode S+ 3 Purpose of Revocable Permit: 3 S-1- 4 Authorized Improvements 5 Commencement Date: J'u.na 3, )0, )7 ZD))Time: 4 pm 6. Ending Dater - wne y 11, 18, 25 21) 11 Time: g y g y h 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 Signed in Pueblo, Colorado this D 0 day of fe/3$21441 20 ) PERMITTEE. Organization. P.�b) 0 C.A.) 'Ak Pe.rzs Zn C. By . rTT - 6, . Title: E v 1°r NI "r e12 STATE OF COLORADO) o COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the ) d `' day of F&,8r'l -n- , 20 ) ) by 13l¢,LC.S J' as t )Y7 My i siorrexj Tres: .C9 l) , / Notary Public • Q I his 28th day of March 20 11 , � 0# iro t�It PUEBL , Munici 1 Corporation By Presi en of th City uncil CA — 4/6/10 t - - -- - — — 3Ab'NOINn 7 (E) V i : L , : .v: AMMO N IL 4 IS b1dOiDIA p,. 5- LU z 0 o ~ m z 0 = 1 Z tics L >- c7 FA p °z O gd B LL w . o Z 6 - w al .4A w /� W O V W W 1 ,,,.. J m Q U .I� � ' I~ --� O O R m g w 5 O ti) cn �5 � � U¢ D U"O z ~ €€ I I � og c 8 m�. C/7 � � 65 t8-6* ° oo_, r^° o.l C3 2 •- N C7 4 1q .O • • PUEBLO CRIME STOPPERS, INC 200 S MAIN STREET PO BOX21 PUEBLO, CO 81002 �a February -1-8, 201 1 City of Pueblo Attn Bella 211 "D" Street Pueblo, Co 81003 Re Revocable Street Permit for "B" Street Bash 2011 HAND DELIVERED Dear Bella This letter is to request a revocable permit for Pueblo Crime Stoppers, Inc. It is the intention of our organization to continue the "B" Street Bash to raise money to assist law enforcement in arresting and convicting criminals. This event will be held beginning on June 3, 2011 and each Friday in June, 2011 (June 3, June 10, June 17, and June 24) Sincerely, 7 ---- /- 44 )- . ;- L1 Thomas Bruss Event Manager Pueblo Crime Stoppers, Inc _ Pueblo Crime Stoppers, Inc. AC ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD 02M 8/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. I3 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCI S BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZ D REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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 e certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Russ Handley Legacy Connections Insurance Agency PHONE 817 I FAX (/C 5527.29 West Rosedale Street No, EA): - 377 - 4222 I INC, No): � -M "AIL 429 -2526 ADDR Fort Worth, TX 76107.5128 IN SURER(S) AFFORDING COVERAGE NAIC 1 INSURER A . Colony Insurance Company 39993 INSURED Pueblo Crime Stoppers, Inc. INSURER B 301 North Main Street #208 INSURER C . Pueblo, CO 81003 INSURER 0 . INSURER E . INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING MY 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL. BURR POUCY EFF POLICY EXP LTR TYPE OF INSURANCE POUCY NUMBER IMM/DDIYYYYI IMMIDD/YYVY) UMITS A GENERAL LIABILITY EACH OCCURRENCE $ 1000000 II COMMERCIAL GENERAL LIABILITY CR800001A-0 02/16/2011 02/16/2012 PREMISESO $ 100000 1 CLAIMS -MADE Q OCCUR MED EXP (Any one person) $ 6000 PERSONAL. & ADV INJURY $ _ GENERAL AGGREGATE s 2000000 N L AGGREGATE UMIT A S PER: PRODUCTS COMP/OP AGG $ 1000000 It POLICY 1 JPr 1 1 LOC AUTOMOBILE LIABILITY � i COMBINED SINGLE LIMIT U LJ Ma accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per awdent) $ AUTOS NON-0 ED PROPERTY DAMAGE _ $ HIRED AUTOS AUTOS lPer accident) $ _ UMBRELLA UA13 OCCUR LJ� EACH OCCURRENCE $ EXCESSLJAB CLAIMS -MADE AGGREGATE $ DED 1 1 RETENTION $ $ WORKERS COMPENSATION STATU- (OTH AND EMPLOYERS' LIABTY 1 TORY I IMiTS I 1 FR ILI ANY PROPRIETOR/PARTNER/EXECUTIVE Q N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ Il es y, de und DESCRIPTION OF OPERATIONS belay E.L. DISEASE POLICY LIMIT $ uU DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more space Is required) Crime Stoppers/Crime Solving Non Profit Corporation The City of Pueblo, Colorado is an Additional Named Insured as afforded under the policy herein described CERTIFICATE HOLDER CANCELLATION City of Pueblo, Colorado SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFC RE #1 City Hall Plaza THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN Pueblo, Colorado 81003 ACCORDANCE WITH THE POLICY PROVISIONS. Attention: City Manager AUTHOR ' 'ISENTA tif i Don R. Ha Tr, J @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Web software. www.FormaBoss.com; 0 Impressive Publishing 800.208.1977