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Home My WebLink About12159RESOLUTION NO. 12159 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO VETERANS TH COUNCIL FOR THE USE OF 10 STREET BETWEEN MAIN STREET AND COURT STREET TO CONDUCT THE 2011 MEMORIAL DAY CEREMONY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo th Veterans Council for the use of 10 Street between Main Street and Court Street for the purpose of conducting a Memorial Day ceremony. The period of the Revocable Permit will be from 8:00 a.m. until 1:00 p.m. on May 30, 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 May 23, 2011 BY: Chris Kaufman COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: May 23, 2011AGENDA ITEM # M-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO TH THE PUEBLO VETERANS COUNCIL FOR THE USE OF 10 STREET BETWEEN MAIN STREET AND COURT STREET TO CONDUCT THE 2011 MEMORIAL DAY CEREMONY ISSUE Should City Council issue a Revocable Permit to the Pueblo Veterans Council for the purpose of conducting a Memorial Day ceremony? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Pueblo Veterans Council has requested the use of Main Street in front of the Pueblo County Court House to hold a Memorial Day Ceremony on May 30, 2011 from 8:00 a.m. until 1:00 p.m. 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 Pueblo Veterans Council, 2631 East 4 Street, Pueblo, CO 81001 (719) 561 -2030 2. Permitted Area. 10 Street between Main Street and Court Street 3 Purpose of Revocable Permit: Memorial Day Ceremony 4 Authorized Improvements: 5 Commencement Date May 30 2011 Time 8:00 a.m. 6 Ending Date: May 30, 2011 Time 1:00 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 (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 /112 7'W day of Thihi , 20 1 . PERMITTEE. Organization. A_Eti y E !2q ii S 00,A oat k By f�ictl a�A- 0, I,0/11i Title: L' iiAriemi4 - 7/ 7T1c24R( ,cA,./ Zort/4/ fit STATE OF COLORADO ) COUNTY OF PUEBLO ) Ss. The foregoing instrument was acknowledged before me the I 10 day of Ma , 20 1 1 by \ c , ,Y O W h c \ - w t o e - as £ hi ( mar , M tYlona .l p ('.ornmi fie, My commission expires: a 1013) 1 5 [SEAL] Notary Public APPROVED this 23rd day of May 20 11 BEL,INDA KIMBALL NOTARY PUBLIC • PUE , a Mun ipal Co . oration STATE OF COLORADO ', By My 10 Commission Expires February 23, 2013 President of he Ci Council CA — 4/6/ _ --. - _1 - � __ .____--__ _-_ ___ __-___-__ - _ _ ' [ ----- -- ~. \ I ( .____ c■- ( `--- --,,- ~,, \ / \ I r,-- `) � . \ F, 17) -\ ]~ / `�` ' --- | ^` 1 4--- \ `\ | F | - / i -I' , � / � | -~``` — r . i , |'' / �\ ' —__c ' `/ � ( �� _ \n | \ / / ( ` / "/` | ` -- \ ) ' �� N. � /r / i ' `4 ' � �� ' } _ - _ ' � `\ c- 7 —4 ----` i | / �� * ` _- V ‘ _-•• __ � ' _ | _ / �� ,^ -,`~. � � ' -I:, PUEBLO VETERANS COUNCIL 2631 E 4th STREET PUEBLO, COLORADO 81001 May 10, 2011 Mr Ray Aguilera, President Pueblo City Council 1 City Hall Place Pueblo, Colorado 81003 Dear Mr Aguilera The Pueblo Veterans Council will be conducting the Memorial Day Ceremony, May 30, 2011, at the Pueblo County Court House "Ring of Honor ", on the South side of the Court House on 10 Street. Our program will begin at 11a m The Pueblo Veterans Council (PVC) would like the permission of the City Council to block off 10 Street, between Main and Court Street from 8am to 1 pm This arrangement will provide safety for alt involved in the ceremony As in the years past, the PVC will request help from Pueblo County Sheriffs Department to put the barricades up This year our program will include honoring a fallen soldier from Pueblo who was KIA in Afghanistan and honoring those listed as POW /MIA's Also, this year Veteran Organizations through -out our nation are observing the 60th anniversary of the Korean War A special tribute will be held honoring those from the City of Pueblo and Pueblo County KIA IN 1950 thru1953 plus honoring Korean War Veterans If you have any questions or need additional information please contact the undersigned A prompt reply to this request would be greatly appreciated Sincerely, Richard 0 Whitmore, Chairman Memorial Day Committee 172 Cornell Cir Pueblo, CO 81005 719 - 561- 2030(H) or Fax 719 - 583 -6121 Encl - 5 CC LeRoy Garica Client* 163288 PUEBVETE ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE (W0 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). PRODUCER CONTACT NAME: HUB International Ins Svcs Inc PHONE 719 -544 -2533 FAX 1414 W 4th St Wink .o, Este I ( ' N�) 866 - 908 -2103 ADDRESS: P.O. Box 58 PRODUCER CUSTOMER ID 0: Pueblo, CO 81002 INSURER(S) AFFORDING COVERAGE NAIL 0 INSURED INSURERA United Fire & Casualty Group 999999 Pueblo Veterans Council Inc CIO John Saenz INSURER B 9 Stoneacre Ct INSURER C Pueblo, CO 81005 INSURER D . 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 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. TYPE OF INSURANCE 1YVD POUCY NUMBER (M W LTR DO/YYYY1 (MM(DOIYYYY) LIMITS A GENERAL UABILITY X 60398733 12/09/2010 12/09/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $100,000 CLAIMS -MADE C OCCUR MED EXP (Any one person) $5, PERSONAL &ACVINJURY $EXCLUDED GENERAL AGGREGATE $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $1,000,000 RI POLICY n .17,: n LOC $ AUTOMOBILE LABILITY COMBINED SINGLE LIMIT (Ea acddent) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per acddent) NON -OWNED AUTOS $ S UMBRELLA UAB — OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ _ RETENTION $ $ WORKERS COMPENSATION WC STATU- I 10TH- AND EMPLOYERS' LIABILITY Y / N TORY I MRS ER ANY PROPRIETOR/PARTNER/EXECUTIVE WA E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space Is requtred) City of Pueblo is named as an Additional Insured CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPTION DATE THEREOF NOTICE 211 E D Street ACCORDANCE WITH THE POLICY S Y PROV NSL BE DELIVERED IN Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE ‘24,444 42 ' /1.1 CiAti I 01988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1176504/M1025261 ST01