HomeMy WebLinkAbout12251RESOLUTION NO. 12251
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY FOR USE OF
VICTORIA AVENUE BETWEEN D STREET AND
GREENWOOD AVENUE, AND GREENWOOD AVENUE
ND
FROM VICTORIA TO 2 STREET TO CONDUCT THE
TH
12 ANNUAL HOLIDAY LIGHTING EXTRAVAGANZA
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Historic
Arkansas Riverwalk of Pueblo Authority for the use of Victoria Avenue from D Street to
nd
Greenwood Avenue; Greenwood Avenue from Victoria Avenue to 2 Street on
th
November 25, 2011 from 4:30 p.m. to 10:00 p.m. for the purpose of conducting the 12
Annual Holiday Lighting Extravaganza.
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 October 24, 2011
BY: Judy Weaver
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: OCTOBER 24, 2011AGENDA ITEM # M-5
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY FOR USE OF
VICTORIA AVENUE BETWEEN D STREET AND GREENWOOD AVENUE, AND
NDTH
GREENWOOD AVENUE FROM VICTORIA TO 2 STREET TO CONDUCT THE 12
ANNUAL HOLIDAY LIGHTING EXTRAVAGANZA
ISSUE
Should City Council issue a Revocable Permit to the Historic Arkansas Riverwalk of
Pueblo Authority for the purpose of conducting a Holiday Lighting Extravaganza?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The Historic Arkansas Riverwalk of Pueblo Authority has requested the use of Victoria
Avenue between D Street and Greenwood Avenue, and Greenwood Avenue from
nd
Victoria to 2 Street to hold a Holiday Lighting Extravaganza on November 25, 2011
from 4:30 p.m. until 10:00 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. Historic Arkansas Riverwalk of Pueblo Authority , 200 West
First Street, Suite 303, Pueblo, CO 81003, (719)595 -0242
2 Permitted Area. Victoria Avenue from D Street to Greenwood Avenue; Greenwood Avenue from Victoria to 2
Street
3 Purpose of Revocable Permit: 12 Annual Holiday Lighting Extravaganza
4 Authorized Improvements.
5 Commencement Date November 25 2011 Time: 4.30 p.m.
6 Ending Date: November 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.
(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 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
Conumittee.
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) Pennittee 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
-41
Signed in Pueblo, Colorado this I — day of ()Cr k A ,20
PERMIT
Organizati : � � 1 r I c - r k s s R k v€r u)al k o f Pueblo I u4'hor
By. /+
T e: re✓:v/4
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.
The foregoing instrument was acknowledged before me the 1 I day of nC_XU / 2 _t , 20 1 / by
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APPROVED this 24 day of OtaD10er , 201
PUE : • , a M • ici s al rporation
By A",
Preside o e Council
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EWAI;K Historic Arkansas Riverwalk of Pueblo
eu n�o , , , 200 West First Street, Suit 303
,;; Pueblo, Colorado 81003
Telephone: (719) 595 -0242 Fax. (719) 583 -4696
www puebloharp.com
8
October 6, 2011
To Whom It May Concern.
The HARP Authority will be hosting its "12` Annual Holiday Lighting Extravaganza" on Friday, November 25, 2011
The event will be held from 5pm to 8pm from the Riverwalk Welcome Center to Lake Elizabeth area. This event will
feature a holiday lighting ceremony, holiday concert series, boat rides, and fireworks.
It is necessary to close streets surrounding the area to assure the safety of the pedestrians attending the event to watch
the fireworks show We are asking for the following street to be closed. "Victoria Ave. between the intersection of
Victoria and Greenwood and HARP Market Place and Victoria on Friday, November 25, 2011 beginning at 4 30p.m.
through 10
A -1 Rental will barricade and close the area fisted above. "Victoria Ave. between the intersection of Victona and
Greenwood and HARP Market Place and Victoria. A map showing the requested street closure is attached, along with
the $50 permit fee, $500 deposit and certificate of insurance to allow for the street closure.
Thank y u,
1
Kevin Ortiz
Director of Marketing and Special Events
ACORD
TM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY)
10/11/2011
PRODUCER LIC #N /A 1 303 - 757 5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Denver CO 80209 INSURERS AFFORDING COVERAGE
INSURED INSURER A. CIRSA
Historic Arkansas Riverwalk of Pueblo Authority
c/o HUB International INSURER B•
P 0 Box 58
INSURER C.
Pueblo CO 81002 INSURER D.
INSURER E.
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR . DATE 1MM /OD!YYI DATE IMMIDDIYYI
A GENERAL LIABILITY LIAB 01 - 2011 01 /01 /11 01/01/12 EACH OCCURRENCE $ 5 000 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 5 000 000
X CLAIMS MADE OCCUR MED EXP (Any one person) $ 0
X $lOm S &0 Aggregate PERSONAL & ADV INJURY $ 5 000 000
GENERAL AGGREGATE $
GENT_ AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP /OP AGG $ 5 000 000
POLICY PRO -
,ACT LOC
A AUTOMOBILE LIABILITY LIAB 01 - 2011 01 /01 /11 01/01/12
COMBINED SINGLE LIMIT $ 1 500 000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $
$
DEDUCTIBLE 8
RETENTION $
WC STATU- OTH-
WORKERS COMPENSATION AND TORY LIMITS FR
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $
E.L DISEASE EA EMPLOYEE $
E.L. DISEASE POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is Additional Insured on Liability Policies if required by contract
As respects Holiday Lighting Event November 25 2011
CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL
Kerry Jones IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1 City Hall Place
REPRESENTATIVES.
Pueblo CO 81003 AUTHORIZED REPRESENTATIVE
USA
ACORD 25 -S (7/97) cwegman m ACORD CORPORATION 1988
23585746