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HomeMy WebLinkAbout12241 RESOLUTION NO. 12241 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE USE OF TH THE 900 BLOCK OF ERIE AVENUE TO HOST IT'S 13 ANNUAL HEALTH FAIR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Colorado Department of Transportation for the use of the 900 Block of Erie Avenue on October 4th, 2011 from 6:30 a.m. until 12 Noon. 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 26, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 26, 2011AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE USE OF THE TH 900 BLOCK OF ERIE AVENUE TO HOST IT'S 13 ANNUAL HEALTH FAIR ISSUE Should City Council issue a Revocable Permit to the Colorado Department of Transportation for the use of the public right-of-way located at the 900 Block of Erie Avenue for the purpose of conducting a health fair? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Colorado Department of Transportation has requested the use of the 900 Block of Erie Avenue on October 4, 2011, from 6:30 a.m. until 12 Noon to conduct a health fair. 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 Colorado Department of Transportation, 905 Erie, Pueblo, CO 81001 (719) 546 -5452 2 Permitted Area. 900 Block Erie 3 Purpose of Revocable Permit: Health Fair 4 Authorized Improvements. 5 Commencement Date. October 4 2011 Time: 6.30 a.m. 6 Ending Date. October 4 2011 Time: 12 Noon 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 — 4/6/10 (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 Pennittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City Signed in Pueblo, Colorado this - It 1 ‘... day of S -e e k n , 20 l I PERMIT- EE. Organization: ()tor e e ar4 ^L/4 Tcu r.Sr o By. Title: CA-10 T o a t r e_ c- c STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. II The foregoing instrument was acknowledged before me the c f day of Se_ e4e J r , 20 11 by My commission expires: 7 / 9 /.)--O l3 [SEAL] /6/14/L_ 4.01; No ry b lic 1 �'Y t ' 1) 26th day of September , 20 11 .,t. ,• � Ci PUEB a M ici al C rporation , O M By P Preside t of e Cir Council 4/6/. • g Qc E 8 0 .., v E '7777.7 r 3. ■ _LS Ha y' " -i ' b. 'ct ',' :,e , ` : , h ,?={:, ,' - c .,may, + "+ q, , ' . K f d 4y 1S H16 uy At, 4V 9.f. ,r ,' °µ it4 . 'J. q, 4.0.0'' i , li, ,,;s • -"Ocir i' • co f s 1— Z ,t Q it. W I • Z W 1S H10t g ; ... y,.. .. „ . , .. nt ,: '4 dt'' "... •*.?.. .,. ;{ ,. . v s' d`� 1" • jt?' 3 4� .. .,.- 2 .- ... 4 ''t ` ' �+! " a VU , QH- ,,i0 0 a z u OH J < W Z W ml —mWZO 0 0 J tJ D F -Z a J J Q J W O U 0 �Q F- 0 � b f.Jm w O ZM�wUJ 00 Z 0 Lii }U QD Do w w J LL O °� wo�ZVi ~ Sao 0 W N v Uwe w �� Z 0 oo �O cn o = zzUQOUw 111,10 a M O -I i 1 i M Z Z ,cic Nr Ln H¢ R. r a 1 STATE of COLORADO CERTIFICATE of INSURANCE This certificate is issued as a matter of information only and confers no rights upon the certificate holder It does not amend, extend or alter the coverage afforded below INSURED The State of Colorado its departments, institutions, agencies, boards, officials, employees and authorized volunteers (except all entities of the University of Colorado CSU -Fort Collins, University of Northern Colorado Mesa State Fort Lewis and Adams State) INSURED (Re: certificate) SOURCES OF COVERAGE DEPARTMENT OF TRANSPORTATION Cov A. State Risk Management Office REGION 2 — PUEBLO Cov B Chartis Insurance Company Cov C State Risk Management Office C/O TERESA TAFOYA Cov D Chartis Insurance Company Cov E National Union Fire All coverages are effective continuously per State Law COVERAGES Self - insured coverages and limits shown on this certificate are those for which the State accepts responsibility pursuant to the Colorado Governmental Immunity, Risk Management, and Workers Compensation Acts. Notwithstanding any requirement, term or condition of any document to which this certificate may be issued or may pertain, the coverage afforded herein is controlled and limited by the above laws. Commercial coverages are subject to policy terms and conditions. COV DESCRIPTION POLICY NUMBER LIMITS A State Liability Fund RMSIL — 0985 Per CRS 24- 30- 1510(3)(a) B Excess Liability Fund 019210486 $5,000,000 C State Worker Compensation Fund RMSIW 0796 Standard Limits (State Law) D Commercial Property Insurance 020412900 $450,000,000 E Crime Insurance 02 -317 74 -39 $10,000,000 PROPERTY LEASES This certificate does not apply to a lease agreement that does not conform strictly to the requirements of CRS 24- 30- 1510(3)e. ADDITIONAL INSUREDS The Colorado constitution prohibits including certificate holders as additional insureds. INDEMNIFICATION and This certificate applies to such provisions only to the extent permitted by Colorado law; including the HOLD HARMLESS clauses Colorado Constitution, the Governmental Immunity Act, and the Risk Management Act. CANCELLATION Should any of the above coverage change, the insured State of Colorado will endeavor to mail notice to the certificate holder named, but failure to mail such notice shall impose no obligation or liability of any kind upon the State. DESCRIPTION OF OPERATIONS to which this certificate pertains. CDOT REGION 2 ANNUAL HEALTH FAIR TO BE HELD ON OCTOBER 12, 2011 IN THE 900 BLOCK OF ERIE AVENUE. CERTIFICATE HOLDER Certificate #• CITY OF PUEBLO Issue Date: 1 CITY HALL PLACE PUEBLO CO 81003 Attn. Suzanne E. Xubec AUTHORIZED REPRESENTATIVE July 2011