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HomeMy WebLinkAbout12147 RESOLUTION NO. 12147 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY FOR THE USE OF ORMAN AVENUE BEWTEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to American Cancer Society for the use of Orman Avenue between Marilyn Place and Arthur Street from June 3, 2011, at 12 Noon through June 4, 2011, at 8:00 a.m. to host the Relay for Life race. 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, 2011 AGENDA ITEM # M-14 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY FOR THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE ISSUE Should City Council issue a Revocable Permit to the American Cancer Society for the use of the public right-of-way located at Orman Avenue between Marilyn Place and Arthur Street host a cancer awareness fundraiser? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The American Cancer Society has requested the closure of Orman Avenue between Marilyn Place and Arthur Street from June 3, 2011, at 12 Noon through June 4, 2011, at 8:00 a.m. to host the Relay for Life race. 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: American Cancer Society, 1445 N Union Blvd, Colorado Springs, CO 80909 (719) 549 -3924 2. Permitted Area. Orman Avenue Between Marilyn Place and Arthur Street 3 Purpose of Revocable Permit: Relay for Life 4 Authorized Improvements. 5 Commencement Date. June 3 2011 Time 12 Noon 6 Ending Date June 4 20H Time 8:00 a.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 an 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 o: Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by firs 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 al purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercisin 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 1 day of )-IIa -ck , 20 1 PERMITTEE. C Organization. () Ai ef1,V1 Q ev Jo C.�I Q./ B mA a. 1_,I, Gros- � Title: O,D'(r Y1'l�ty 0- � it11S�1to I" n I taa cr STATE OF COLORADO) COUNTY OF PUEBLO ) ss. � The _ regoing instrument was acknowledged before me the ��1 day of M Qr I" , CV . , 20 1 I by ' � ,. .. , ", Alt 140.4. ' _ . as * �} ` ire , j` My commis; to ''expires. 0/ r J 1201 1 VTAPV ft LW .I 1 m 9,�X�, o ;_ _ 1 IC o o Notary Public A a ®s ` 7 , ��F Ar:PR OFD this 9th day of May , 2011 PUEB g , a Mun' i ipal Co ',oration By 411.L �► ._.- 1 L.I E. President oft e Ci 1 ouncil CA – 4/6/10 E o 0 c a o ` z = irm c O c_..1 le w z C=1 LJLA _""._1 1- 0— _ ii— LIJ pm (=, w 1= 1 116111101111 qp i. 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'1 Ail 4> i, @ ! t e rd r f i' i to fe it TA - m Americ City of Pueblo �1 Societ c/o Bella Trujillo 211 East D Street Pueblo CO 81004 March 7, 2011 To Whom It May Concern The Relay For Life of Pueblo committee would like to request the support of the City of Pueblo as it holds its annual Relay For Life at Pueblo Community College, to take place June 3 -4, 2011 The mission of Relay For Life of Pueblo is to celebrate cancer survivors, remember those lost to the disease, and fight back through advocacy, awareness and fundraising. This family - friendly event promotes health and solidarity among the Pueblo community The committee hereby requests the street closure of Orman Avenue, from Marilyn Place to Arthur Street. A total of $550 will be remitted to the City $50 for street closure permit and $500 as street closure deposit Closure must begin at 12 on June 3, and expire at 8 on June 4, due to set -up, tear -down and clean -up activities to be completed by the committee and other volunteers. If there are any questions or concerns, please contact Lily Gross, Laurie Scoleri or Ginger Flickinger (contact information below) Kind Regards, GY ( k n t 144 - 4 - Lily Gros , merican Cancer Society community relationship manager lily grros @cancer org, 719 630 4971 ( Lauri: Scoleri, Relay For Life of Pueblo volunteer event chair relayforlifepueblo @yahoo com, 719.549 3924 CC Ginger Flickinger, Relay For Life of Pueblo volunteer logistics chair flickinger8 @hotmail com, 719 250 7218 American Cancer Society Great West Division 1445 N Union Blvd Colorado Springs, CO 80909 t) 719 636.5101 f) 719 636.1480 ACORD DATE(MMIDDIYYYY) I TM CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wachovia Insurance Serv-AT GA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 4401 Northside Pkwy, Suite 400 THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE Atlanta, GA 30327 -3078 COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Federal Insurance Co 20281 American Cancer Society INSURER B: Pacific Indemnity Co 20346 Great West Division, Inc. INSURER C: 2255 South Oneida INSURER D ' Denver CO 80224 INSURER E. • COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO 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. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM!DD/YY) DATE (MM /DD/YY) LIMITS A GENERAL LIABILITY 35943463 09/01/10 09/01/11 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $100,000 X PREMISES (Ea occurrence) CLAIMS I x I OCCUR MED EXP (Any one person) $2,500 MADE PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $45,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS — COMP /OP AGG $2,000,000 PRO- 1 — 1 POLICY JECT LOC A AUTOMOBILE LIABILITY 73563471 09/01/10 09/01/11 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per acadent) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY — EA ACCIDENT $ I ANY AUTO EA ACC OTHER THAN AUTO ONLY AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE: $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ 1 B WORKERS' COMPENSATION AND X WC STATU- OTH- EMPLOYERS' LIABILITY 71741355 09/01/10 09/01/11 TORY LIMITS ER ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $500,000 OFFICER /MEMBER EXCLUDED? E.L. DISEASE — EA EMPLOYEE $500,000 IF yes, describe under E.L. DISEASE— POLICY LIMIT $500,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is included as Additional Insured, but only with respect to liability arising from the negligence of American Cancer Society Great West Division Inc. during the Relay For Life of Pueblo at Pueblo Community College on June 3 at i 9'OOam to June 4 at 2:OOpm, 2011 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ DAYS WRITTEN CERTIFICATE NOTICE TO THE City of Pueblo M OSE NO OBLIGA ION OR LIABIILIITY OF ANY KIND UPON THE NSURER TO IITS AGENTS OR Bella Trujillo REPRSENTATIVES. 1 City Hall Place Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE For W!S by: Karen Chadwick .. ,.. ACORD 25 (2001/08) 1 of 2 #1394030 APB01 © ACORD CORPORATION 1988 s:(shared\gad 1- hdalcommI)kchlacslacord 25 certificate of liability form.doc