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HomeMy WebLinkAbout12370 RESOLUTION NO. 12370 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 PARTICIPATE IN THE 4TH ANNUAL WILD WILD WEST FEST 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 at 224 S. Union Avenue from May 18, 2012, at 11:00 a.m. until May 20, 2012, 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: April 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: APRIL 9, 2012 AGENDA ITEM # M-19 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 PARTICIPATE IN THE 4TH ANNUAL WILD WILD WEST FEST 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 for the purpose of participating in the Wild Wild West Fest? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND 3 Below, LLC, has requested the use of the right-of-away at 224 S. Union from May 18, 2012, at 11:00 a.m. until May 20, 2012, at 10:00 p.m. to participate in the Wild Wild West Fest. 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: Wild Wild West Festival 4. Authorized Improvements: 5. Commencement Date: May 18, 2012 Time: 11:00 a.m. 6. Ending Date: May 20, 2012 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. (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and 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 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 Penmittee'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. �r Signed in Pueblo, Colorado this a d da of A arch , 20 1 1- . PERMITTEE: organiza By: ,� ,/ Title: 1`A eaw STATE OF COLORADO ) COUNTY OF PUEBLO ) SS The foregoing i nssttr was acknowledged before me the 2--? day of M are..k , 20 I Z by ` .L- tOa�IrY as • My comrissicri expires: 51Sat.,,J,1 dattiv-A- [S`EAL''j n /� N otary Public APPROVED this — I day o ryPf 1 , 20 J J. P c s , a M1' pal .rporation B, /AZ 4 ' esi ' ' t • f the ' ity Co. cil CA — 4/6/10 4' i .., .c 1 2 . h is 11 Q ei 1 i 1 , t a== - I •.... - 1 = = = =3 : \ctl II _ t ^� 1 1 +Z il c_ c aX v 1 g 0 ___ 1 g ,.;,, saa \ 1 v 3 c U N .I to 1 N .E. ,S I <= i 2 g i 4 1 3 1 >, cc ; 15 .... 4 , n N {H it IN r 1 1 p I I I 1 h V 0 ----\ 1 IF 1 N 9 2 = a i v ® N N Fa A . 224 S. Union Avenue Pueblo, CO 81003 (719) 696 -8374 March 22, 2012 To whom it May Concern, This letter is to inform you that we are interested in expanding our liquor line to participate in the local Wild Wild West Fest on May 18, 19, and 20, and be part of the 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 to partaking in this community event, and being part of promoting Pueblo's agriculture and local businesses. Thank you, Rudy Ibarra Owner 3 Below, LLC To: City of Pueblo From: AssurancePartners Pages: 1 Sent: 03/22/2012 14:12 o AC ®R® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /ODNYYY) `--� 8/22/2011 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 certificate holder Is an ADDITIONAL INSURED, the poiicy(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 Ileu of such endorsement(s). PRODUCER CONTACT Shyla DeFrancesco NAME: Y Sunflower Insurance Group, Inc. (A N , Ext): (800)563-1871 563 1871 FAX No): (795) 925 -5098 2090 S. Ohio A -MAIL ADDRESS: sdefrancesco @sunflowerinsurance. PRODUCER P.O. Box 1213 CusTADNIER_m_c_ 4351 Salina KS 67402-1213. INSURERS) 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 ADDLSUBR POLICYEFF POLICYEXP LTR TYPE OF INSURANCE INSR VlVD POLICY NUMBER LIMITS (MM /DDNYYY) (MMIODNYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 A CLAIMS -MADE X OCCUR CPS 1430671 7/22/2011. '1/22 /201.2 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 _GE 'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PRO- AUTOMOBILE LIABILITY COMBINED 'SINGLE LIMIT $ (Ea ar,adenl) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJLIRY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON- OWNED AUTO`` $ I� $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB ,$ CLAIMS -MADE AGGREGATE DEDUCTIBLE _ $ RETENTION $ $ WORKERS COMPENSATION WC. C SLAT LI -? OT AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N /A E.L EACH ACCIDENT (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E L DISEASE - POLICY LIMIT $ A Liquor Liability CPS1299753 11/4/2010 7/22/2011 G 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 (719) 543 -2704 bkimball @pueblo. us 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 A Municipal Corporation Attn: Belinda Kimball AUTHORIZED REPRESENTATI VE 211 E D St Pueblo, CO 81003 S DeFrancesco /JGODA ACORD 25 (2009/09) © 1988 -2009 ACORD CORPORATION. All rights reserved. INS025 r2■000a) The ACORD name and logo are registered marks of ACORD