HomeMy WebLinkAbout12233RESOLUTION NO. 12233
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO 101 LLC, FOR THE USE OF
THE RIGHT-OF-WAY AT 101 N. UNION TO PARTICIPATE
TH
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 101, LLC, for the
use of the right of way at 101 N. Union from September 23, 2011 at 8:00 a.m. until
September 25, 2011 at 9:00 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
DATE: SEPTEMBER 12, 2011 AGENDA ITEM # M-14
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO 101
LLC, FOR THE USE OF THE RIGHT-OF-WAY AT 101 N. UNION TO PARTICIPATE IN
TH
THE 17 ANNUAL CHILE & FRIJOLES FESTIVAL
ISSUE
Should City Council issue a Revocable Permit to 101, LLC, for the use of the public
right-of-way located at 101 N. Union for the purpose of participating in the Chile &
Frijoles Festival?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
101, LLC, has requested the use of the right-of-way at 101 N. Union from
September 23, at 8:00 a.m. until September 25, 2011 at 9:00 p.m. to participate in the
Chile & Frijoles Festival. Although the Pueblo Chamber of Commerce will be applying
for a Revocable Permit for this event, the Liquor Board is requiring the 101, 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 objection 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"), i
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: 101, LLC, 101 N Union, Pueblo, CO 81003 (719)
369 -0047
2 Permitted Area. Right of Way at 101 N Union Avenue
3 Purpose of Revocable Permit: Chile & Frijole Festival
4 Authorized Improvements.
5 Commencement Date September 23 2011 Time 8:00 a.m.
6 Ending Date: September 25, 2011 Time: 9:00 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.
CA 7/22/03
II
I
(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 toi 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 liy
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
- f-
Signed in Pueblo, Colorado this S I S day of _ V u.. , 20 11
PERMI FI EE.
Organization:
By-
Title: AgiiX.. frt4/JPSjt /4 1 12
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.
The foregoing instrument was acknowledged before me the 31 day of P1/41.4.5 u.S#- , 20 1 I by
tr OUr‘ ?u as rViano,. I no] VY1r r bcr
'Ivivr,commiscion'expires: a3
• �[S-EAL ")
Notary Public
p, AFPROV'ED =this. 1 -2 th d o f September , 20 11
P �• LO, Municipal Corporation
By I
P eside t o , - City Council
CA — 4/6/10
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LETTER OF INTENT
08/30/2011
From.
101 LLC, DBA The 101
101 -103 N Union Ave.
Pueblo, CO 81003
To
City Of Pueblo
To whom it concerns,
We are asking for a revocable permit to use the sidewalk and portion of street (10' from curb towards center
of street) along the width of our property The purpose of this permit is to allow us to sell food and alcohol
outside our establishment during the Pueblo Chili and Frijole Festival operated by the Greater Pueblo
Chamber of Commerce. The dates of our operation would be September 23 -25, 2010 We have received
permission from Greater Pueblo Chamber of Commerce to operate in conjunction with their event (See
attached letter). Our area will be controlled with 4' high crowd barriers around the perimeter with one point
of access facing Union Ave. We will have staff security at this point at all times during the event to make
sure no alcohol enters or leaves our premises.
Thank you for your consideration.
Brian Pumphrey
Managing Member
(MTHE G'.'11� \� RTE \TM
1 ' CHAMBElk
We Mean Business.
302 N Santa Fe Ave. • Pueblo CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber org
August 16, 2011
To Whom It May Concern.
The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo to
conduct the Annual Chile and Frijoles Festival on September 23 to the 25, 2011. The permit allows the
Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1 Street to B
Street.
The Greater Pueblo Chamber of Commerce agrees to provide the101 the use of the sidewalk and 10 feet
of the street from the curb in front of 101 South Union Avenue on September 23, 24, and 25, 2011
during the Chile and Frijoles Festival. We understand that the management of the 101 is applying to
extend their liquor license into the above stated area to serve food and liquor
The 101 is to provide secure fencing with a single point of entrance to this area from Union Avenue.
They will provide security during business hours to ensure that no liquor will be allowed outside of the
fenced area and no liquor will be allowed into the stated area The cost of the fencing and the security
for this area is the responsibility of The 101
Sincerely,
>
Rod Slyhoff
President and CEO
Serving Pueblo County since 1910
9/1/2011 7 56 AM FROM Centennial Insurance Centennial Insurance TO 5532299 PAGE 002 OF 002
ACORQ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM'YY) 05/06/2011
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 If the certlflcate 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 certlflcate does not confer rights to the
certlflcate holder In lieu of such endorsement(s).
PRODUCER CUNIACT
NAME:
Centennial Insurance Agency, LLC PHONE ,Ext) 719 544 1111 FAc 719 545 5120
1515 Fortino Blvd 2nd Floor ADDRESS:
Pueblo CO 81008 INSURER(S) AFFORDING COVERAGE NAIC
INSURERA Nautilus Insurance (Adco)
INSURED 101 LLC INSURERB Pinnacol Assurance 41190
DBA THE 101 INSURER
PO Box 9403 INSURERD
Pueblo, CO 81003 INSURERE
INSURER F
COVERAGES CERTIFICATE NUMBER: 11 GL/WC 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 INSR 4WD POLICY NUMBER POLICY EFF POLICY EXP LIMITS
(MMIDO1W111 (MMIDDM'Y`()
GENERAL LIABILITY NN099406 05/13/2010 05/13/2011 EACH OCCURRENCE $ 1,000,000
UAMA(�t IO HEN I tV
X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 100,00
CLAIMS -MADE I X I OCCUR MED EXP (Any one person) $ 5, 000
A PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,00O
r
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGG $ 2,000,006
(1 POLICY PEQ LOC $
AUTOMOBILE LIABILITY CUMMINEU SINGLt LIMI I
(Ea accident) $ _
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS _ AUTOS
NON -NWNED PROPER fY DAMAGL
HIRED AUTOS _ AUTOS (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESSLIAB CLAMS -MADE AGGREGATE $
DED RETENTION $ $
WORKERS COMPENSATION 412119102/01/2011 02/01/2012 X wcsTAlu 0TH
AND EMPLOYERS' LIABILITY TORY LIMITS ER
Y
ANY PROPRIETOR /PARTNER /EXECUTIVE E L EACH ACCIDENT $ 100,060
B OFFICER /MEMBER EXCLUDED? NIA
(Mandatory In NH) E L DISEASE EA EMPLOYEE $ 100,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $ 500, 000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, K more space is required)
:ITY OF PUEBLO I5 LISTED AS ADDITIONAL INSURED (GL)
CERTIFICATE HOLDER CANCELLATION
FAX 719 553 2294
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF PUEBLO AUTHORIZED REPRESENTATIVE
ONE CITY HALL PL (} c�u
PUEBLO, CO 81003 Patricia Files /PAT
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