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HomeMy WebLinkAbout12145RESOLUTION NO. 12145 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101, LLC, FOR THE USE OF THE RIGHT OF WAY LOCATED AT 101 N. UNION TO RD PARTICIPATE IN THE 3 ANNUAL WILD WILD WEST FEST 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 May 20, 2011, at 10:00 a.m. until May 22, 2011, at 6:00 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: May 9, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: MAY 9, 2011AGENDA ITEM # M-12 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 LOCATED AT 101 N. UNION TO RD PARTICIPATE IN THE 3 ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to 101, LLC, for the use of the public right of way located at 101 N. Union for the purpose of participating in the Wild Wild West Fest? 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 May 20, 2011, at 10:00 a.m. until May 22, 2011, at 6:00 p.m. to participate in the Wild Wild West Fest. Although the Greater 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. 101 N Union 3 Purpose of Revocable Permit: Wild Wild West Fest 4 Authorized Improvements. 5 Commencement Date May 20 2011 Time 10:00 a.m. 6 Ending Date: May 22, 2011 Time. 6:00 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 m 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 2 '7 day of Ap r 1 I , 20 I PERMITTEE. Organization. G By STATE OF COLORADO) Title: 44A /14 .�lggI COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me the c)- day of Ap ( , 20 IA by 7' ut v p h Ye.t j as (7/1 aXI a n G kYl. b .14_coihrrissio i expires: t4 l a-i' I I a 1 BULt Notary Public APPR )VED this _ 9th day of May , 20 11 PUEB a Mu 'cipal Corporation By Presiden of e Ci Council CA — 4/6/10 LETTER OF INTENT 04/27/2011 From. 101 LLC, DBA The 101 101 -103 N Union Ave. Pueblo, CO 81003 To City Of Pueblo To whom it concerns, We are asking for 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 our establishment during the Wild West Fest operated by the Greater Pueblo Chamber of Commerce. The dates of our operation would be May 20- 22,2016 We have received permission from Greater Pueblo Chamber of Commerce to operate in conjunction with their event (See attached letter). Our area will be controlled with 4' high crowd barriers around the perimeter with one point of access facing Union Ave. We will have staff security at this point at all times during the event to make sure no alcohol enters or leaves our premises. Thank you for your consideration. Brian Pumphrey Managing Member THE GREATER" PLIEBLO CHAMBER, 302 N Santa Fe Ave. • Pueblo CO 81003 • (719) 542 1704 • (719) 543 -4851 fax • www.pueblochamber org April 26, 2011 To Whom It May Concern The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo to conduct the 3` Annual Wild Wild West Festival on May 20 to 22, 2011. The permit allows the Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1St Street to B Street. The Greater Pueblo Chamber of Commerce agrees to provide The 101 the use of the sidewalk and 10 feet of the street from the curb in front of 101 and 103 Union Avenue on May 20, 21, and 22, 2011 during the 3 Wild Wild West Festival. We understand that the management of 101 is applying to extend their liquor license into the above stated area to serve food and liquor The 101 is to provide secure fencing with a single point of entrance to this area from Union Avenue They will provide security during business hours to ensure that no liquor will be allowed outside of the fenced area and no liquor will be allowed into the stated area The cost of the fencing and the security for this area is the responsibility of The 101. Sincerely, Rod Slyh.ff President and CEO Serving Pueblo County since 1912 : . ;,,,',f.'4:'''",.''. E'] .� Y , pate 9/1/2009 Time 10 06 AM To B 5532294 r , Page 1 ?' : ''' , t C®RL CERTIFICATE OF LIABILITY INSURANCE DATE (MAUDDIVYW) si".;S,;; , ' i/ . 09/01/2009 t ER 7 19 544 1111 FAX 719 545 5120 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION �� ) , tenn1 al Insurance Agency, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR . , i' $i5 Fort no Blvd. 2nd Floor _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. �i, i ° ` h - -.lo, CO 81008 f INSURERS AFFORDING COVERAGE NAIC # ' r : RED 101 LLC INSURER A: Adco General Insurance ,y ` DBA THE 101 I NSURER e; P i nnacol Assurance 41190 425 W THIRD IN SURER C: - -,,, 1 — ?a P UEBL O , CO 81003 INSURER D: _ .. : j .,-.. t a 1 INSURER E. • ° RAGES i POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING £ sy' a c REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH f.,15,, 4 ) POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,1:? ry . Y � TYPE OF IN SURANCE POLICY NUMBER D F . DA a . LIMITS 'd, DA uu DATE ,.•,..., � x r GENERALLIABRRY SCP0753023 05/13 /2009 05/13/2010 EACH OCCURRENCE $ 1,000.000 , 0,, i ; COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) . $ 50, 000 , ,' , i. III CLAIMS MADE I X 1 OCCUR MED E)P (Any one person) $ 5,000 r"„ •< • PERSONAL & AD)/ INJURY $ 1, 000, 000 { ,, ■ GENERU AGGREGATE = 2,000,000 'i' , � ? i GEM. AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2 , 000,000 r,..-; � � ' - POLICY 1 n LOC r1": d AUTOMOBILE LIABILITY 7 ) COMBINED SINGLE LIMIT $ (Ea accident) ? � t ! ! � ANY AUTO ■ ALL OWNED AUroS BODILY INJURY ' a 1 : (Per person) $ z 9 ■ SCHEDULED AUTOS ` n i R • ■ HIRED AUTOS BODILY INJURY $ ■ NONI.OWNED AUTOS (Per accident) i • occident) DAMAGE $ • fix i GARAGE LIABILmr AUTO ONLY EA ACCIDENT $ ■ ANY AUTO OT1€R THAN EA ACC $ AUTO ONLY AGG $ ' . 7 ? t ; EXCESS I UMBlRE.LALIABIUTY EACH OCCURRENCE $ {•: a ■ OCCUR + i CLAIMS MADE AGGREGATE $ ( ' 4 + j DEDUCTIBLE o .:4h, RETENTION $ $ �� i COMPENSATION 4121191 02/01/2009 02/01/2010 i Y L MATS l 1 ER ,,..r � ` `• , S AND EMPLOYERS' LIABILITY ll *5 . ANY PROPRIErOR/PARTNER/EXECUTIVE Y D Et. EACH ACCIDENT $ 100,000 u OFFICERMEMBER EXCLUDED? •i' w s: l; 3 .2- . ( a,V IA Nl) E.L. DISEASE EA EMPLOYEE $ 100 1.::‘....• i: E� � S ;i'�' E d CIAL es rde E.L. DISEASE POLICY LIMIT $ 500, 000 SPE PRO o ROVISI O NS belay 'u =- 071iER ra�Y , e . ,,.,)�; !r` .. - OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY BUDORSEMENT i SPECIAL PROVISIONS It .i OF PUEBLO IS LISTED AS ADDITIONAL INSURED I *.'1i: - :CERTIFICATE HOLDER CANCELLATION ': 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN I ` , ,, :I} a NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL Is j' CITY OF PUEBLO IMPOSE NO OBUOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR g BELLA REPRESENTATIVES. ONE CITY HALL PL AUTMORIZEDREPREBENrAT7VE /f ; PUE CO 81003 Paul Sparrow/CHRIS �!� d, ' ..• a ACORD 25 (2009101) FAX 719 553 2294 01988 -2008 ACORD CORPORATION. All rights reserved. 6, , : The ACORD name and logo are registered marks of ACORD *€ 1, '