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HomeMy WebLinkAbout12146 RESOLUTION NO. 12146 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY FOR THE USE OF LAKESHORE DRIVE FROM RENO AVENUE TO HIGHLAND AVENUE TO HOST THE “WALK M.S.” BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the National Multiple Sclerosis Society for the use of Lakeshore Drive between Reno Avenue and Highland Avenue on May 14, 2011, from 4:00 a.m. to 2:00 p.m. for the purpose of hosting a fundraiser for multiple sclerosis - WALK M.S. 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-13 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY FOR THE USE OF LAKESHORE DRIVE FROM RENO AVENUE TO HIGHLAND AVENUE TO HOST THE “WALK M.S.” ISSUE Should City Council issue a Revocable Permit to the National Multiple Sclerosis Society for the use of the public right-of-way located at Lakeshore Drive from Reno Avenue to Highland Avenue to host a fundraiser for multiple sclerosis? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The National Multiple Sclerosis Society has requested the closure of Lakeshore Drive between Reno Avenue & Highland Avenue on May 14, 2011, from 4:00 a.m. to 2:00 p.m. to conduct the WALK M.S. 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. National Multiple Sclerosis Society, 616 N Tejon, Colorado Springs, CO 80903, (719) 564 -5095 2. Permitted Area. Lakeshore Drive from Reno Avenue to Highland Avenue 3 Purpose of Revocable Permit: Walk M.S 4 Authorized Improvements. 5 Commencement Date: May 14, 2011 Time. 4:00 a.m. 6 Ending Date. May 14. 2011 Time: 2:00 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 cafes, 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. (0 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 day of /IA iC , 20 1 PERMITTEE. Organization:_NATIONAL MUL L LEROSIS SOCIETY ByTODD ALBO ;_� Title: WALK MS PUEBLO CHAIRMAN STATE OF COLORADO ) COUNTY OF PUEBLO ) SS The foregoing instrument was cknowledged before me the day of A , 20 1, ( by as I`viFoommission expires: l Q O l a _ No .. Public A P P R O V E D this 9th day of May , 20 11 is =° PUEB P' aMunic'.alCorpor. on By President of e City i ouncil CA — 4/6/10 E O v .g; >o c 1 i ah il : , I t n r +.} mw wy n� „ ' u. 3 tt 1 ; 41 s. a» ,S, Sit -',∎ : �� s rnC t .ru i 1=f c ru L i' °r t awlY. Ec � 'tiu^` „ kr � - m v' `' ui� • �' z w n�x.,� ra .,`' ,vw. err a : � �a 1 q '��f r. r� air » '!:� '4''''';-':":—..*:';'''' a - '' �� rz ' � auz u tt s i+�a sw� � �•�z �'�e n ". " � aa Ats . W'*° a "b.. s t , ' q..-,f« ro ' a ) - ui, �: tt'. ',' - 9 r '' r ja ;.r ° # c 4114'4°`14:111 * 1 : x y � g� fi � y -�F 039 01� I 4.m � , _4A11f'.=:+h1. # �` i` i If �4. Otl # � ! { :' ', 039010 Y9 j, c / WW Mn. Y frw OYOtl rt t 311b pH �" ' '' P 321 g 4 � � ..‘° , / ,, , ,,F. - - ' '''r ~a i i l CY M , 1 Vii= I Il i II Letter of intent: Walk MS and it's volunteers and participants are intent on using the Lake Minnequa Park for it's annual WALK MS fundraiser we are coming up on close to 30 years of holding this event in Pueblo, but this is the first year of using the Lake after using Pueblo City Park prior Traffic concerns and the growing of the event and talking to City Council member Ray Aguilara helped in deciding to move to Lake Minnequa.There are no sidewalks to stay on along Lakeshore Dr We will utilize the walking trail but the National Multiple Sclerosis Society made a rule Change in 2011 ii that all walks across the nation be paved or ADA approved in some way The Lake does not meet that criteria so that is why we need to utilize Lakeshore drive Traffic Control: Do to the fact we will be using Lakeshore Drive too walk down we will need to block' traffic on the six streets feeding into it.We along with the help of WorkZone traffic control will put out two Event in progress signs to alert traffic that there is an event in the area. We will also put out cones blocking the streets at the Lakeshore point in each of the roads. We will have a volunteer at the entrance of the park at palmer ave, where they will direct Participants where to park The traffic will be blocked from roughly 4 00a.m. until the event is finished and tore down and cleaned up I myself have been to the site numerous times in the last weeks to monitor traffic in the area which is minimal. i it �C® ® DATE(MMODNYYY) CERTIFICATE OF LIABILITY INSURANCE 04/20/2011 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 policy(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). c PRODUCER CONTACT .$ AOn Risk Services Northeast Inc PHON FAX o. New York NY Office (AIC No. Eat): ( &66) 283 -71 1 INC No.): (8 47) 953 -5390 199 Water Street E-MAIL New York NY 10038 -3551 USA ADDRESS: Z INSURER(S) AFFORDING COVERAGE NAIC 8 INSURED INSURER A: Great Northern Insurance Co. 20303 National Multiple Sclerosis Society INSURER B: ACE Property & Casualty Insurance Co 20699 Colorado Chapter 900 5 Broadway 2nd Floor INSURER C: Employers Insurance company of Wausau 21458 Denver CO 80209 USA INSURER D: Federal Insurance Company 20281 INSURER E: INSURER F• COVERAGES CERTIFICATE NUMBER: 570042229170 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 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INS' TYPE OF INSURANCE R S POLICY NUMBER tpjp 0 Op � t p tu f m - rn ` yyyyt LIMITS GENERAL UAaIUTY 35833349 1 0 EACH OCCURRENCE Si 000 000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea emu/mince) 51 000,000 CLAIMS -MADE © OCCUR MED EXP (Any one person) 510 000 PERSONAL & ADV INJURY 51 000 0001 fe GENERAL AGGREGATE '- 52 000 000 Q? GEN 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG 51 000 000 7 POLICY II PRO- LOC § I FCT f A AUTOMOBILE LIABILITY (10) 7353 -02-37 12/31/201012/31 /2011 COMBINED SINGLE LIMIT 51 000 000 Lo (Ea accident) X ANY AUTO BODILY INJURY ( Per person) O — ALL OWNED SCHEDULED BODILY INJURY (Per accident) a AUTOS AUTOS PROPERTY DAMAGE JR HIRED AUTOS NON-DINNED — AUTOS (Per accident) B X UMBRELLALIAB X OCCUR M00539375002 12/31/2010 12/31/2011 EACH OCCURRENCE 55 000 000 8 — EXCESS LIAR CLAIMS -MADE SIR applies per policy terns & conditions AGGREGATE 55 000 000 DEDI X RETENTION $10, 000 C WORKS EMPLOYERS' S O P YIN COMPENSATION wcc291451053010 12/31/2010 12/31 /2011 X jORVLIMI �E R ANY PROPRIETOR I PARTNER / EXECUTIVE ^� ry ' E.L. EACH ACCIDENT 51 000 000 OFFICER/MEMBER EXCLUDED? L I N /A (Mandatory In NH) l� E.L. DISEASE -EA EMPLOYEE 51 000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 — DESCRIPTION OF OPERATIONS I LOCATIONS l VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Pueblo is included as Additional Insured as required by written contract but limited to the operations of the Insured ad under said contract per the applicable endorsement with respect to the General Liability and Automobile Liability policies M. Z" zi CERTIFICATE HOLDER CANCELLATION � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CI EXPIRATION DATE THEREOF NOTICE WILL BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pueblo AUTHORIZED REPRESENTATNE 200 South Main Street Pueblo Co 81003 USA Rib t -9:1 t PEtl a��10. MN ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/06) The ACORD name and logo are registered marks of ACORD I