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HomeMy WebLinkAbout12232RESOLUTION NO. 12232 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 3 BELOW LLC, FOR THE USE OF THE RIGHT-OF-WAY AT 224 S. UNION AVENUE TO TH PARTICIPATE IN THE 17 ANNUAL CHILE & FRIJOLES FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to 3 Below, LLC, for the use of the right-of-way at 224 S. Union Avenue from September 23, 2011 at 11:00 a.m. until September 25, 2011 at 10:00 p.m. 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 September 12, 2011 BY: Vera Ortegon COUNCILPERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-13 DATE: SEPTEMBER 12, 2011 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 3 BELOW LLC, FOR THE USE OF THE RIGHT-OF-WAY AT 224 S. UNION AVENUE TO TH PARTICIPATE IN THE 17 ANNUAL CHILE & FRIJOLES FESTIVAL ISSUE Should City Council issue a Revocable Permit to 3 Below, LLC, for the use of the public right-of-way located at 224 S. Union Avenue for the purpose of participating in the 2011 Chile & Frijoles Festival? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND 3 Below, LLC, has requested the use of the right-of-way at 224 S. Union Avenue from September 23, 2011, at 11:00 a.m. until September 26, 2011 at 10:00 p.m. to participate in the 2011 Chile & Frijoles Festival. Although the Pueblo Chamber of Commerce will be applying for a Revocable Permit for this event, the Liquor Board is requiring 3 Below, LLC, to have their own permit in order to sell alcohol outside the premises of their establishment. Rod Slyhoff from the Pueblo Chamber of Commerce is aware of this application and has no objections to the issuance of an additional permit. 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 3 Below, LLC — Rudy Ibarra (719)214 -1414 2. Permitted Area. Right of Way at 224 S Union Ave 3 Purpose of Revocable Permit: Chile & Frijole Festival 4 Authorized Improvements. 5 Commencement Date: September 23 2011 Time 11:00 a.m. 6 Ending Date. September 25, 2011 Time 10:00 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. (0 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. (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and CA 7/22/03 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 .0 day of SGPr , 20 // PERMITTEE. Name. 3 Below, LLC By Title /1& STATE OF COLORADO ) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me the LP day of .S fY rr \o.e.r , 20 ] 1 by J b o — r row My commission expires. a I a 3 3 {SEAL]. 1 Notary Public ` `ALPROVED - fhis. 12th day of September , 20 11 PUEB , a Mu icipal Corporation " ' r l a a Lt 4 4 By Pr siden f the City Council CA 7/22/03 °► d 0 9, d e N N r f0 0 f A V, a if- - - 1::::1 G ro et i iii 's 0 ,.. 2 ,.... , L.......,......-----------3 t:T 3 ,.. , n y . •C i t t n j O 0 0 \ t. v .... 0 r , WS f es 0 N 7C 0: r a Q 0 + s • et I 1 N q 0. Of. F Z ra ua o S f - y re 0 r + E . `w 0. n N a a c. o % 3 o �, O to .--tt - v. to 92 s er AUG -16 -11 12 06 FROM -SCCF OPERATIONS +7195635529 T -796 P 01 /01 F -966 • 3 Bclow LLC • 224 S. Union Ave • Pueblo. CO 81005 August 16, 2011 To Whom it May Concern, This letter is to inform you that we are interested in expanding our liquor line to participate m the local Pueblo Chili and Frijole Festival on September 23 -25, 2011 and be part of the 17` Annual event. A 4 ft. high orange security fence as well as security staff will surround all areas that we are requesting to expand, on hand. We are looking forward in partaking in this community event and be part of promoting Pueblo's agriculture and local businesses Thank you, Rudy Ib rra Owner 3Below LLC ar • • • • • • • • • • • • • • s • • s • • • • • • ACORD CERTIFICATE OF LIABILITY INSURANCE ei22i ) 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 certlflcate holder Is an ADDITIONAL INSURED, the poilcy(les) 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 certlflcate does not confer rights to the certlflcate holder In lieu of such endorsement(s). PRODUCER CONTACT Shyla DeFrancesco Sunflower Insurance Group, Inc (A/C. Est): ( 563-1871 FAX No): (785) 825 -5098 2090 S Ohio E-MAIL ADDRESS: com P 0 Box 1213 CUSTOMER ID # 00034351 Salina KS 67402 -1213 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A :Scottsdale Insurance Company INSURER B . 3 Below LLC INSURER C . 224 S Union Ave INSURER D INSURER E . Pueblo CO 81003 -3428 INSURER F COVERAGES CERTIFICATE NUMBER:CL1181915854 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X. COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 100,000 A CLAIMS -MADE X OCCUR CP31430671 7/22/2011 7/22/2012 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $ 2,000,000 TIC POLICY PRO LOC $ JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) $ NON -OWNED AUTOS $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS _ ER ANY PROPRIETOR/PARTNER/EXECUTIVE N / A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE EA EMPLOYEE $ If yyes describe under DESd�RIPTION OF OPERATIONS below E.L. DISEASE POLICY LIMIT $ A Liquor Liability cPs1299753 11/4/2010 7/22/2011 General Aggregate $1,000,000 Each Occurance $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Pueblo, A Municipal Corporation is named as additional insured with regard to general liability but only with respect to work performed by 3 Below LLC CERTIFICATE HOLDER CANCELLATION bkimball @pueblo us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN City of Pueblo ACCORDANCE WITH THE POLICY PROVISIONS. A Municipal Corporation Attn Belinda Kimball AUTHORIZED REPRESENTATIVE 211 E D St Pueblo, CO 81003 DeFrancesco /JGODA ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD NEW Mount Vernon Fire Insurance Company Original Renewal of Number 190 South Warner Road, Wayne, Pennsylvania 19087 POLICY DECLARATIONS A Member Company of United States Liability Insurance Group No. CP 2558763 NAMED INSURED AND ADDRESS 3 BELOW, LLC DBA. 3 BELOW 234 NORTH UNION AVENUE PUEBLO, CO 81006 POLICY PERIOD: (MO DAY YR.) From 07/22/2010 To: 07/22/2011 1201 A.M. STANDARD TIME AT YOUR MAI U NG ADDRESS SHOWN ABOVE FORM OF BUSINESS: Limited Liability Company BUSINESS DESCRIPTION: Restaurant IN RETURN FOR THE PAYr�4ENT OF THE PRErAIUNrin D \ SUBJECT TO ALL'THETERMS`OF THIS POLICY C� E PUREE WITH YOU TO PROVIDE THE INSURANCE A'S ST +PTED'IN THIS POLIC'r THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS F WHICH A PREMI IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT PREMIUM Commercial Liability Coverage Part $2,920.00 Liquor Liability Coverage Part $2,649.00 Wholesaler Broker Fee 0225.00 Surplus Lines Tax $173.82 TOTAL DUE: $5,967.82 Coverage Form(s) and Endorsement(s) made a part of this policy at time of issue See Endorsement EOD (1/95) Agent BURNS &WILCOX, LTD. (CO) (1037) Issued: 7/28/2010 7938 East Arapahoe Court, Suite 3000 Centennial, CO 80112 Broker Sunflower Insurance Group, Inc. By 2090 South Ohio Street Authorized Repr Salina, KS 67402 THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART D ECLARATIO NS, CO P ART COVERAGE UPD (08 -0 FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF COM THE ABOVE NUMBERED POLICY LIQUOR LIABILITY COVERAGE PART DECLARATIONS Policy No CP 2558763 Effective Date 07/22/2010 12 :01 AM STANDARD TIME :LIMITa$OFINSLIRANOE :. a ' Liquor Each Common Cause Limit $1,000;000 Liquor Aggregate Limit $2,000,000 $ Ce n` J <': . :11; S 22 F".Z S `& :{ 4; 9 o- . ? ,�c . i ; Q y'e 3::. d .` .`. R. . aka - 3e Z - - � - .� ` -i`�- w.5' :{. �. i` ,•.� -" L' -�iE ST",?' F=1. k: ♦ "& iE_:n "'�`,'OJ` -w. �±y � >. " : r :. '.t yip x �. a �u « -... - a ->r -& ;T:;:; :• . r w x < g ; .e- . s ...> v ` e - r.r. -r ». n� »..s- r:.�,�e •. a. u w .: I :09 PKV /k KIII 2? ±! 9D QR.PCcUPP.i . a�.3; :a .- ; ;; "w x a x. ..r.c h x"z s x # ,x,3G w., c :a: S are: e z Location Address Territory 1 234 North Union Avenue, Pueblo, CO 81006 002 j Rale Advance Premium oc Classification Code No. Premium Basis Pr/Co All Other Pr/Co All Other 1 BAR/TAVERN 00010 210,000 Liquor N/A 0.946 N/A $1,987 Receipts 1 Top Shelf w/o Assault and Battery 00096 210,000 Liquor N/A 0.315 N/A $662 Receipts MINIMUM PREMIUM FOR LIQUOR LIABILITY COVERAGE PART. $1,253 TOTAL PREMIUM FOR LIQUOR LIABILITY COVERAGE PART $2;649 (This Premium may be subject to adjustment.) MP - minimum premium overage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue: See Form EOD (01/95) THESE DECLARATIONS ARE PART OF THE POUCY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POUCY PERIOD. Includes copyrighted material of ISO Commercial Risk SeMces, Inc. with Its permission. LQ 150 (02/09) Copyright, ISO Commercial Risk Services, Inc. 1983, 1984, 1988 Page 1 Or 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy No. CP 2558763 Effective Date 07/22/2010 1201 AM STANDARD TIME WMITA-9F:1 , ! >, 't 4 , , , Each Occurrence Limit si ,0436,000 Personal & Advertising Injury Limit (Any One Person/Organization) $1,00%000 Medical Expense Limit (Any One Person) $6,000 Damages To Premises Rented To You (Any One Premises) sioo,000 Products/Completed Operations Aggregate Limit $2,000,000 General Aggregate Limit $2,000,000 4rilgVMYPggQqggiTjriZrjaaigg;:;;aat'iR;;;U-U Z fin 47. CI ; z17 7=7.70" :.j:; p: Location Address Territory 1 234 North Union Avenue, Pueblo, CO 81006 002 1 T*.. 7 !. : 1444i *;4:444:40:#4;:iii4i.:44144:1:411444#1414 R4:14 4444 Rate Advance Pnan4ium oc Classification Code No. Premium Basis Pr/Co All Other Pr/Co AlllOther 1 Restaurant - with sale of alcoholic beverages that are 16915 300,000 Per 1,000 0.779 8.955 $234 $2,686 30% or more but less than 75% of the total annual Sales food and liquor receipts of the restaurant - with a dance floor MINIMUM PREMIUM FOR GENERAL LIABILITY COVERAGE PART $500 TOTAL PREMIUM FOR GENERAL LIABILITY COVERAGE PART. $2,920 (This Premium may be subject to adjustment) MP -minimum premium overage Form(s)/Part(s) and Endorsement(s) made a part of this policy at time of issue: See Form EOD (01/95) THESE DECLARATIONS ARE PART OF THE POUCY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PEMOD. Includes copyrighted material of ISO Commercial Rislc Services, Inc. with its permission. CL150 (10/03) Copyright ISO Commercial Risk Services, Inc. 1983, 1984, 1988 Page 1 Of 1