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Home My WebLink About12176RESOLUTION NO. 12176 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET AND ROUTT STREET TO CONDUCT A CHURCH FESTIVAL FROM JULY 29, 2011, THROUGH JULY 31, 2011 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to St. Francis Xavier Church for the use of the 1700 Block of Spruce Street and Logan Street between Pine Street and Routt Street for the purpose of conducting a church festival. The period of the Revocable Permit will be from 5:00 p.m. on July 29, 2011, until midnight on July 31, 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 June 13, 2011 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: JUNE 13, 2011AGENDA ITEM # M-11 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET AND ROUTT STREET TO CONDUCT A CHURCH FESTIVAL FROM JULY 29, 2011, THROUGH JULY 31, 2011 ISSUE Should City Council issue a Revocable Permit to St. Francis Xavier Church for the use of the 1700 Block of Spruce Street and Logan Street between Pine Street and Routt Street for the purpose of conducting a church festival? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this request. BACKGROUND St. Francis Xavier Church is requesting a Revocable Permit to use public roadways around the church to conduct a church festival. The period of the Revocable Permit will be from 5:00 p.m. on July 29, 2011, until midnight on July 31, 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 1 Name, Address and Telephone Number of Permittee St. Francis Xavier Church, 611 Logan, Pueblo, CO 81004, (719) 564-1125 2 Permitted Area. 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street 3 Purpose of Revocable Permit: Church Festival 4 Authorized Improvements. 5 Commencement Date: July 29. 2011 Time. 5:00 p.m. 6 Ending Date. July 31, 2011 Time: Midnight 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 (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 , 20 V/ PERMITTEE. rr Organization. "571". rho G�1 '5 vi Pte'' CA c t.i c J By PAY-7- i c, a J Ma... /z-4- 2 - Title: ]Li'% CO P €4 1 STATE OF COLORADO ) COUNT `P , • .�- 0 ) ss. - T. - . � g ins • was a '. •wledged before me the,- - ay of , 20 ) / by to/ a • e . . as Mc ulley .� My ; fission expi �i1::i _ / i [ SEA T OFCO\ F - W ‘. �,, otary P e c MOP APPROVED this 13th day of June - - - - --- , 0 11 PUE L , a nicipal Corporation 4 By Presi ent t the ity Council CA - 4/6/10 _ I I I - _ '.:''''. i l li 411° If i , • v. 0, . ,,,-. ,..,„,, ... ,,, „,-.? lino 41 i J i ' • • 0 w $ b '7 ,1? ry fil _ . a ° n L - - -. J �Ow1A 3Dn21ds e 7 e 4 . W z W E a W N K M , . A W 4 - --� ? ill 1A � 4 • 3NId dif e MM *I $ I a : t li. w z N b Y Y w � ...... �, g , � w C/) go z o o ._ a U r U�� Z U.— V ° 6 -- o W 0, „ 3 o ac°�S Q J w f'� a m t ?� O Q r 3NId t7j �'" a'e- z g J N -- 0 �x °dc7 �� 0 w N LL.. -I I R 2 o U Up Z ni ri .7 Z0 d Vt7 9Sb56IL '0N XV. NOIS 8U OIdNd8 1V Wd 91 10 IN.A I10 - 0Z -AVW May 13, 2011 To Whom It May Concern. Once again this year, St. Francis Xavier Church will be having its annual "All Nations Church Festival." The festival will he held this year on Friday, July 29, 2011, from 5 -11 OOpm, Saturday, July 30,2011, from 11 OOam -11 OOpm and Sunday, July 31, 2011, from 11 OOam -11 OOpm. We would like to request blocking the 1700 block of Spruce Street and the 500 through the 700 block of Logan Avenue in order to relieve congestion of traffic and crowds for safety purposes. Sincerely, Rev Uju Okeahialam, CSSp Parish Administrator St. Francis Xavier Church MAY 17 2011 2 28PM CMG 402 551 2943 NO 3105 P 2/3 Certificate of Coverage Date. 5/17/2011 Certificate Holder This Certificate is issued as a matter of information only and The Diocese of Pueblo and/or Bishop of Pueblo a confers no rights upon the holder of this certificate, This certificate Corporation Sole including all Catholic Corporations not for does not amend, extend or alter the coverage afforded below Profit Sponsored by the Bishop of Pueblo or The Diocese of' Pueblo, 101 N Greenwood, Company Affording Coverage Pueblo, CO 81003 THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA Covered Location 10843 OLD MILL RD St. Francis Xavier Church OMAHA, NE 68154 611 Logan Avenue Pueblo, CO 81004 , Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate 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 coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Date Datc LimitS Property Real & Personal Property General Liability Zech Occurrence 500 111 General Aggregate 1 51 OCturrence 1 1 1 8590 Personal & Adv injury Claims Made Fire Damage (Any one fire) Mcd tap (Any one person) Excess Liability Koch Occurrence 500,000 7/1/2011 t Annual Aggregrate Other Each Occurrence Claims Made Onus' Aggregrate Description of Operations /LocationstVehicles/Special items (the following language supersedes any other language In this endorsement or the Certificate In conflict with this language) Coverage only extends for claims arising out of St. Francis Xavier's Church Festival to be held at 611 Logan Street & 1700 Block of Spruce (Street Closed) on July 29 -31, 2011 Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled City of Pueblo, CO before the expiration date thereof, the issuing company will 30 endeavor to mail days written notice to the holder of certificate named to the let, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. AI Authorized Representative / 0171000539 MAY 17 2011 2 28PM CMG 402 551 2943 NO 3105 P 3/3 ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/29/2011 Charge Credit Cancellation Date of Endorsement 8/1/2011 Certificate Holder The Diocese of Pueblo and /or Bishop of Pueblo a Corporation Sole including all Catholic Corporations not for Profit Sponsored by the Bishop of Pueblo or The Diocese of Pueblo, 101 N. Greenwood, Pueblo, CO 81003 Certificate No, 8590 of The Catholic Mutual Relief Society is amended as follows SECTION IT ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II Liability (only with respect to Coverage D General Liability, Coverage F - Medical Payments to Others and Coverage H - Counseling Errors and Omissions) is amended to include as an Additional Protected Person(s) members of the organizations shown in the schedule, but only with respect to their liability for the Protected Person(s) activities or activities they perform on behalf of the Protected Person(s) It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement, and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date. Schedule ADDITIONAL PROTECTED PERSON(S) City of Pueblo, CO Remarks (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage only extends for claims arising out of St. Francis Xavier s Church Festival to be held at 611 Logan Street & 1700 Block of Spruce (Street Closed) on July 29 -31, 2011 d og Authorized epresentative PKS-i 22 (1 99)