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Home My WebLink About12188 RESOLUTION NO. 12188 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CENTER FOR AMERICAN VALUES, INC., FOR THE USE OF MAIN STREET FROM D STREET TO RICHMOND AVENUE, GRAND AVENUE FROM UNION AVENUE TO THE ALLEY, AND THE RIVERWALK AREA WITHIN TO CONDUCT THE 9/11 "WE REMEMBER TO NEVER FORGET" (9/11 ANNIVERSARY EVENT) BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Center for American Values for the use of Main Street from D Street to Richmond Avenue, Grand Avenue from Union Avenue to the Alley, and the Riverwalk Area within for the purpose of conducting a 9/11 “We Remember to Never Forget” (9/11 Anniversary Event). The period of the Revocable Permit will be from 5:30 p.m. on August 5, 2011 until 5:30 p.m. on August 7, 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 27, 2011 BY: Larry Atencio COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: June 27, 2011AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CENTER FOR AMERICAN VALUES, INC., FOR THE USE OF MAIN STREET FROM D STREET TO RICHMOND AVENUE, GRAND AVENUE FROM UNION AVENUE TO THE ALLEY, AND THE RIVERWALK AREA WITHIN TO CONDUCT THE 9/11 "WE REMEMBER TO NEVER FORGET" (9/11 ANNIVERSARY EVENT) ISSUE Should City Council issue a Revocable Permit to the Center for American Values Inc., for the purpose of conducting a 9/11 "We Remember to Never Forget" (9/11 Anniversary Event)? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Center for American Values, Inc., has requested the use Main Street from D Street to Richmond Avenue, Grand Avenue from Union Avenue to the Alley, and the Riverwalk area within to hold a 9/11 “We Remember to Never Forget” (9/11 Anniversary Event) on August 5, 2011 from 5:30 p.m. until August 7, 2011 at 5:30 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 Center for American Values, Inc., 101 South Main Street, Riverwalk 100, Pueblo, CO 81003 (719)543 -9502 2. Permitted Area. Main Street from D Street to Richmond Avenue, Grand Avenue from Union Avenue to Santa Fe Avenue, Richmond Avenue from Main Street to the alley, and the Riverwalk within. 3 Purpose of Revocable Permit: 9/11 "We Remember to Never Forget? (9/11 Anniversary Event) 4 Authorized Improvements. 5 Commencement Date: August 5 2011 Time 5.30 p.m. 6 Ending Date August 7 2011 Time: 5.30 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 (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. 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 a (' day of (�� , 20 !' PERMITTEE�. Name . - -r • - �"er - Inc By /� — sue` Title M/. 12 L i STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the r' day of LA e , 20 1 1 23' Pcw1i 1a -- :1;4 commission expires. / " c.2-0 _ (SEAL, -]- Notary Pu. "ic APPROVED this 27th day of June 20 -11 PUE , a M icipal orporation By PrBsiden f the City Council CA 7/22/03 4 � F x . � i % Il A 4 / / /Y F o Y { A �..d '�''�i -r. �'Sc. T , fi K TS u M 1 4 ,/ al u. U j ' �2 U F' ! a W� tq \ W yKF .. i Z gN o A ® 7?. c b tiP; d . _ � d. �., A:: =d W W MUJ in pp F W\ ' , - rat } fr �>Y la Z tb --4-s-: :"4:1';;---.---:-...,„.':::"..":,,,. ' :77 ' : mcaaww ♦ i ' �� d S d f 54 y � ; 11 a 0 " ! 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' µ1 " f � 3 � — ; k ", „ el x ' � ,,,r. May 30 2011 r Cen t te rfr � Am ' Dear City of Pueblo, Public Works. 3 ;: , , ; The Center for American Values, Inc. will be hosting an inaugural event, • 101 So uth — - .* - re et� ; _ "9/11 We Remember to Never Forget" on Saturday, August 6, 2011 This ° � "� . kf e vent will commemorate the 10 Anniversary versa of 9/11 and will feature New ; Sutte 100 L Pu eblo, Color 810 * 03 ' "y York City Firefighters that were called to duty that fateful day as honored • < ,,r 719595 guests in attendance The event is meant to recognize all first responders to � . w ww r encanva ;:M include firefighters, police officers, medical personnel, etc. CEN : - Fire Chief, Christopher Riley and Pueblo Police Department Chief Luis Velez have both serve on the planning committee for this event. We envision this '�� .. .. Tonr ' --, s * , w ' � g event to be a state wide family friendly all day event with entertainers, boat t_ � FOUNDIN , ' 6 � ,-, r-t S , .' rides, retail vendors, recognition ceremony, fireworks display and most , BO A R D�MEMBERS R „ r d� Brad Paa 5° importantly first responders from all parts of the state In addition, we have � t ' Drew.pix M obtained permission from the HARP Authority to use the Riverwalk and are Pa <y , collaborating with the HARP Foundation on logistics planning. �S.usanSmith } R ;Bob :Root The event hours on Saturday, August 6, 2011 are from 3pm to 12am Based V t ` . 3' , on estimates from similar Riverwalk events, we are expecting attendance at ° 10,000 + people Therefore, it is necessary to request permission to close �: " ' r -t : ; 0' streets surrounding the event to ensure the safety of visitors and vendors. ` ' We are asking for Main Street, Grand Avenue, and Richmond Avenue to be k ,s ' , � ,. closed from Friday, August 5, 2011 at 5.30 p.m until Sunday, August 7, 2011 " � at 5 30pm to accommodate necessary preparations and clean up. . _ t� A° � ,, �� _ ,; - , : ,, .4 A contracted, professional barricade company will close the streets as �� , follows. "Main Street from D Street to Richmond Avenue, Grand Ave from *�' ; - Union Ave to Santa Fe Avenue, Richmond Avenue from Main Street to the i - S ; ` , -A. alley, and Riverwalk Area Within." A map showing the requested street �� MISSIUN��a u �� closure is attached, along with the $50 fee, $500 deposit and certificate of a * - 7l h onor therextreme o- .> sd' i ces mad to:;Phel';- ustain insurance to allow for the street closure el e , P,su :47 Amer c a's valuesc and to` ensure rr A '''''''' t = t hese , extraordinary,actlons� =y' ; '47- a r e pr f oreve r ' Thank you, ..-.'" -&-.71L? rA' .1 "; - - ''v;„' .-, ... ' Qatzek.,4 r 4 O- t; .0 lit" � s V Trish Rooney ,, -. ,e.4, . -, -, -, � vy - Special Project Mana r ; ift, 11 f., -,,,,,,• .,,.. .4*.e.- i ,--: liq-.150-qoE ,.,,,,,..„,„„,.,.„.,,,,,,,,:,--.*,,,, A - 4' ' , ' 1 , /,, ACOREL CERTIFICATE OF LIABILITY ILA INSURANCE DATE (MNMDDWYYI) 05/20/2011 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 H the certificate holder is an ADDITIONAL INSURED, the pdicy(fes) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poiides may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). pao "" Douglas Hel zer Centennial Insurance Agency, LLC E 544 1111 um 719 545 5120 orc. 1515 Fortino Blvd 2nd Floor L Pueblo, CO 81008 CUSTOMER ID it Douglas Hel zer INSURER(s) AFFORDING COVERAGE 1 NAIC 0 INSURED INSURERA Central Mutual Insurance Co 20230 Center for American Values, Inc INSURER B 101 S Main Street Ste 100 INSURER C . Pueblo , CO 81003 INSURER INSURER E INSURER F . COVERAGES CERTIFICATE NUMBER: WATERFRONT REVISION NUMBER: THIS 18 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, ' LW TYPE AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TR NS WYp POLICY NUMBER ( t�iAMID (ta LIABTB L TYPE OF INSURANCE GENERAL LIABILITY CLP889071711/0112010 11/0112011 EACH OCCURRENCE 1 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES r RENTED occurrence) $ 100,000 CLAIMS-MADE i "- i OCCUR MED EXP (Any are person) 1 5 , 000 A PERSONAL s AD1l INJURY $ 1,000 GENERAL AGGREGATE $ 2,000,000 OEML AGGREGATE LIMIT APPLIES PER: PRODUCTS C OMP/OP AGG $ 2 ,000 ,000 —7 � n nw AUTOMOBILE UtBILITY COMBINED SINGLE LIMIT (Ea acc dent) — ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE _ HIRED AUTOS (Per accident) NON OWNED AUTOS 5 S UMBRELLA OCCUR EACH OCCURRENCE 5 — EXCESS AB LI CLAIMS MADE AGGREGATE S DEDUCTIB 8 RETENTION 1 1 WORKERS COMPENSATION TORY ATU T t AND IDAPLOYER$ LIABILITY Y! N ANY PROPRIETORIPARTNERIEXECUri Er7 EL. EACH ACCIDENT $ OFFICERAAEMBER EXCLUDED? N ! A (Mandatory In NH) E.L. DISEASE EA EMPLOYEE 5 Hyee d espi te under DESCRIPTION OF OPERATING below _ E.L. DISEASE POLICY LIMIT 1 DESCRIPTION OF OPERATIONS /LOCATIONS !VEHICLES (Attach ACORD 101. Additional Remade Schedule, I more space Is required) _ RE Event on the Riverwalk August 6, 2011 BELOW NAMED CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN ACCORDANCE WIY14 THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , , may The City of Pueblo Public Works Department Douglas Helzer /CHRIS ® 1988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD