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Home My WebLink About12230RESOLUTION NO. 12230 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TO UNION & FROM MAIN TH STREET TO SANTA FE FOR THE 17 ANNUAL CHILE AND FRIJOLES FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the greater Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street; C Street from Victoria Avenue to Main Street; D Street from Victoria Avenue to Main, and Grand Avenue from First Street to Union and from Main Street to Santa Fe from September 21, 2011 at 6:00 a.m. through September 26, 2011 at 6:00 p.m. for the th purpose of conducting the 17 Annual Chile and Frijoles Festival. SECTION 2. The use of the public right-of-way granted is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED September 12, 2011 BY: Vera Ortegon COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 12, 2011AGENDA ITEM # M-11 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TO UNION & FROM MAIN STREET TO TH SANTA FE FOR THE 17 ANNUAL CHILE AND FRIJOLES FESTIVAL ISSUE Should City Council issue a Revocable Permit to the Pueblo Chamber of Commerce for the use of the public right-of-way located on portions of Union Avenue, C Street, D th Street, and Grand Avenue for the 17 Annual Chile and Frijoles Festival? RECOMMENDATION Approval of this Resolution. BACKGROUND The Pueblo Chamber of Commerce has requested the use of the public right-of-way located on portions of Union Avenue, C Street, D Street, and Main Street from September 21, 2011, at 6:00 a.m. until September 26, 2010, at 6:00 p.m. to conduct the th 17 Annual Chile and Frijole Festival. 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 Chamber of Commerce, 302 N Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2 Permitted Area. Union Ave from 1st St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from 1 St to Union St and from Main St. to Santa Fe 3 Purpose of Revocable Permit: 17 Annual Chile & Frijole Festival 4 Authorized Improvements. 5 Commencement Date September 21, 2011 Time 6:00 a.m. 6 Ending Date: September 26, 2011 Time 6:00 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 (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 l Signed in Pueblo, Colorado this day of , 20 1 1 PERMITTEE Organization.Pueblo Chamber of Commerce By. '7 '-40.P. Title. President STATE OF COLORADO ) COUNTY OF PUEBLO ) ss {- , The foregoing instrument was acknowledged before me the _ day of S _ f - 1t.4'YJ ' , 20 I I by RO d1/4 S 11.1 I'IO -F-C as %c$ IGQ P_.Vl My commission expires. c � ( 3 [.SE akkag"- Itt.htkkO Notary Public APPROVED this 12th day of September 20 11 PUEB , a Mu;cipal Corporation _ By Pre ident 3 the City Council CA 7/22/03 I I L i , 1 ti; -0 a c d O C 0 1g1 as C 1 U W [1=17 I 1 F 1 I W 1st St „ [;=11 „ , ' . :: \ N vi q ` � I tO fr ,. • /e Grand Ave c . i s� co J e � ` oc P J • e 4, dl + ,p /› /.\._ 2011 17th Annual Chile and Frijoles Festival 0 Roadway Closures Wednesday September 21st 8 AM thru Monday September 26th at 5 PM ( t Grand Avenue from isf Street to Victoria Avenue I • Thursday, September 22nd at 8 AM thru Monday, September 26th at 5.00 PM Grand Avenue from Victoria Avenue to Union Avenue Grand Avenue from Union Avenue to Main Street D and C Streets from Victoria Avenue to Union Avenue Friday September 23rd at 5:00 AM thru Monday, September 26 at 7:00 AM Union Ave from 1st Street to B Street ■ Ala THE GREATERTM =PUEBLO We Mean Business 302 N Santa Fe Ave. • Pueblo CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber org August 22, 2011 Jerry Pacheco City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Mr Pacheco The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 17 Annual Chile and Frijoles Festival. The dates and hours of the festival are as follows, Friday, September 23, 2011 from 3 PM until 11.30 PM, Saturday, September 24, 2011 from 9 00 AM until 11.30 PM, and Sunday September 25, 2011 from 9 00 AM until 7 00 PM. We are requesting to close the following streets parking lots Convention Center overflow parking lot from 8 00 AM Monday September 19, 2011 to 5 PM Tuesday September 27, 2011 Grand Ave from 1 Street to Victoria from 8 AM Wednesday September 21, 2011 to 5 00 PM Monday September 26, 2011 Grand Ave from Victoria to Union and from Union to South Main from 8 00 AM Thursday September 22 to 5 PM Monday September 26, 2011 Union Ave and south Main intersections will be open on this day D and C Streets from Victoria to Union from 8 AM Thursday September 22, 2011 to 5 00 PM Monday September 26, 2011 Union Ave from 1 Street to B Street at 5 00 AM on Friday September 23, 2011 to 7 AM Monday September 26, 2011 City Parking Lot (old Health Department) at 7 AM on Tuesday September 20, 2011 to 5 00 PM on Tuesday September 27, 2011 We will put barricades and caution tape around the landscaping in the island on Union from 1 to Grand. No vendors will be allowed to use tent stakes and all waste will be collected throughout the festival and disposed of in dumpsters provided by the Chamber Sinc ly od Sl Serving Pueblo County since 1910 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, PUEBLO CHAMBER OF COMMERCE is a Nonprofit Corporation formed or registered on 06/03/1910 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office This entity has been assigned entity identification number 19871091067 This certificate reflects facts established or disclosed by documents delivered to this office on paper through 08/12/2011 that have been posted, and by documents delivered to this office electronically through 08/16/2011 @ 08 42 28 I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 08/16/2011 @ 08 42.28 pursuant to and in accordance with applicable law This certificate is assigned Confirmation Number 8019264 ., ;;:t sf na + AL !;',/ Secretary of State of the State of Colorado ************* * * * * * * * * ** * * * * * * * * * * * * * * * * * * * ** *End of Certificate************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Notice: A certificate issued electronically from the Colorado Secretary of State s Web site is fully and immediately valid and effective. However as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State s Web site, http: / /www.sos.st ate. co. us / biz /CertificateSearchCriteria.do entering the certificate s confirmation number displayed on the certificate, and following the instructions displayed. Confrrmine the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, http: / /www.sos.state.co.us /click Business Center and select Frequently Asked Questions. CERT GS D Revised 08/20/2008 m•Gina.Breiall To:FW Greater Pueblo•Chamber of Commerce- City of (171'95434851) 12:35 08/23/11 GMT -07 Pg 03 -04 (, Client#• 169884 GREAPUEB , CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD,YYYV) ACORD . I 0 812 3/20 1 1 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 endo rsement(s). . PRODUCER ' C DN7ACT Melinda Grant . NAME: ' H UB International Ins Svcs Inc PHONE (A/C,.No, End): I 719 - 546 -6829 FAX : . 8 66- 908 -2103 (A/C, No) 1414 W 4th St E•MaIL S: melinda. rant hubinternational.com ADDRES g . . P O. BOX $S INSURER(S) AFFORDING. COVERAGE . , NAIC # Pueblo, CO 81002 INBURERA Philadelphia Insurance Company 23850' INSURED 'INSURER :B Greater Pueblo Chamber of Commerce - INSURER C 302 NSanta Fe.Avenue INSURER D - - Pueblo, CO 810034102 - -- INSURER E . , . INSURER.F. CA Resident License #0757776 COVERAGES _ CERTIFICATE NUMBER: REVISION NUMBER: . THIS IS -TO CERTIFY THAT THE 'POLICIES OF INSURANCE LISTED BELOW HAVE BEEN 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 r DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ,BY PAID CLAIMS. INSR ADM SUBR POLICY EFF , POLICY EXP LTR, , TYPE DF INSURANCE INSR WVD - POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) LIMBS • A - ,GENERALL)ABILrry 'PHPK664850 12/25/2010. 12/25/2011 EACH OCCURRENCE 81,000,000 PRE _, X 'COMMERCIAL GENERAL LIABILITY MISES (Ea o cu ence) $1 00,000 , CLAIMS-MADE 1 . x - I OCCUR MED EXP (Any ono poroon) $ 0' . . PERSONAL & ADV INJURY _ $1,000,000 GENERAL AGGREGATE $3,000,000 CCMCACCRECATELIMIT.APPLICSPCR: - PRODUCTS COMP/OPACC $3,000,000 • POLICY 71 r7 LOC $ A ;AUTOMOBILE :LIABILITY PHPK664850 121251201'0 12/25 /2011. ° accede a NOLE LIMI1 81,000;000- .,' ANY AUTO - BODILY INJURY (Por porscn) $ ALL OWNED SCHEDULED BODILY INJURY (Per accidanl) $ _.AUTOS AUTOS $ X HIRECAUT X .NON PROPERTY e DA accident) _ AUTOS -OWNED ( ) . .$ U LIAB OCCUR • EACH OCCURRENCE $ . - EXCESS LIAB CLAIMS -MADE - AGGREGATE $ .. - . .. DED'. -t RETENTION $ $ . ' WORKERS COMPENSATION ' WC STATU- CTH- AND EMPLOYERS' LIAUILrrY Y / N . Tr1RY I'IMITS FR - ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ . • OFF CER/MEMBER•EXCLUDED? N / A - . ' (Mandatory in NH) • ' -E.L. DISEASE EA EMPLOYEE $ It yes. describe under E.L. DISEASE POLCV LIMIT $ DESCRIPTION OF- OPERATIONS bolow - - - r . 'DESCRIPTIDN OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, it more space is required) ,Chile Frloles Festival,.Sept 23,24 8, 25th, 2011 • - CERTIFICATE HOLDER.. CANCELLATION ' . ANY OF TE City of Pueblo THE SHOULD EXPIRATION DATE V THEREOF � NOTICE WILL -BE C BE C DEUVERED O N Attn: Elaine ACCORDANCE WITH THE .POLICY PROVISIONS. 1 City'Hall Place . ' Pueblo, CO 81003 AUTHORIZED 0. in cye�4t't.4 1 • O 1988.2010-ACORD CORPORATION Affrights reserved. ACORD 25 (2010/05) 1 of 1 The•ACORD name and logo are registered marks of ACORD , #51291919/M1281872 / 4B04