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HomeMy WebLinkAbout12384RESOLUTION NO. 12384 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM MAIN STREET TO SANTA FE AVENUE TO HOST 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 the Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street; C Street from Victoria Avenue to Main Street; D Street from Victoria Avenue to Main, Grand Avenue from First Street to Main Street, and from Main Street to Santa Fe Avenue from May 18, 2012, at 6:00 a.m. through May 20, 2012, at 5:00 p.m. to conduct th the 4 Annual Wild Wild West Fest. 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: April 23, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: APRIL 23, 2012AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM FIRST STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET AND FROM MAIN STREET TO SANTA FE AVENUE TO HOST THE 4TH ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to the Pueblo Chamber of Commerce for the use of the public rights-of-way located on portions of Union Avenue, C Street, D Street, and Grand Avenue to host the Wild Wild West Fest? RECOMMENDATION Approval of this Resolution. BACKGROUND The Pueblo Chamber of Commerce has requested the use of the public rights-of-way located on portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue th from May 18, 2012, at 6:00 a.m. until May 20, 2012, at 5:00 p.m. to conduct the 4 Annual Wild Wild West Fest. 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: Pueblo Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2. Permitted Area: Union Ave from 1 s St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from 1 St to Main St and from Main Street to Santa Fe Avenue 3. Purpose of Revocable Permit: Wild Wild West Fest 4. Authorized Improvements: 5. Commencement Date: May 18, 2012 Time: 6:00 a.m. 6. Ending Date: May 20, 2012 Time: 5:00 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 Pennittee'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 Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City. Signed in Pueblo, Colorado this / day of , 20 102 . PERMITTEE: Organization:_ _ • • -• • 01 P1 e_ c By: po 3 1y 1.off - z Title: PrrSic{P l STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. 1 .i The foregoing instrument was acknowledged before me the ! v day of YJ 1 , 2011 by as T T Vs •My'catnmission expires: i(Z gZO/ 3 . L [.S EA 1,j ° Notary Public - -APPROVED this- 3 day of / q p I i 1-- , 20_ / 2 PUEB ! , M :1 Co • ration By //. Presid t the C' Council CA — 4/6/10 luawa..iedaa SI9 Alunop onand Aq paaedaad . �__1 Q U f 16 W U c F ; et C d 2O 'd W : Pill,., O .L a1 "iii 8 S o d �y� Ti' n 'E J a � ; a D I �l h RJ igt8 t p� �� = 4Y ..........4.' a ,pr. O m N 4 ca La il /J gm. al VOWS 9 _ it ' 1 w' ....i..„. s . _ 1 y f ` \ / C. ... \\ i. ,'"/ �. ' ' . / 1 7` / , AV N7 V i �4 JN. w C t li S 1 , , - \ / a4Pko V k \. \ .., — S9REENWDDD "m' ti vp I 14 ) , N i \\\ -y \ 4 s ' �?�° li ) ‘ \ 4° 4 °/ /, // f ''/ 1 i,, / ., a Wild Wild West Festival 2012 Street Closures • Grand From 1 Street to Union Ave at 6am Monday, May 14, 2012 to 5pm Monday, May 21, 2012 to set up carnival rides. j j • C Street from Union Ave to Victoria Ave from 6am Wednesday, May 16, 2012 to 5pm to Monday, May 21, 2012 to set up an entertainment tent. ` • D Street from Union Ave to Victoria Ave from 6am Wednesday, May 16, 2012 to 5pm to Monday, May 21, 2012. • Union Ave from 1" Street to B Street, including Richmond, Grand, D Street and C Street from Union to Main from 5am Thursday, May 17, 2012 to 6am Monday, May 21, 2012. • Victoria Ave on the bridge over the Riverwalk on the East side from noon on Sunday, May 20, 2012 until 6pm Sunday, May 20, 2012. This is a one lane closure that will allow for a crane to be parked to accommodate the duck race. We will have flaggers that will direct traffic around the crane. t GREATER w m ;l 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 542 -1624 fax • www.pueblochamber.org April 12, 2012 Jerry Pacheco City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Mr. Pacheco: Pueblo Chamber of Commerce is requesting a revocable permit to conduct the Wild Wild West Festival. The Festival will begin on Thursday, May 17, 2012 and run through Sunday, May 20, 2012. There are numerous activities scheduled during the four days and we will utilize multiple locations with the biggest concentration being in the Union Ave area and on HARP. We are requesting to close the following streets on these dates and times: • Grand From 1st Street to Union Ave at 6am Monday, May 14, 2012 to 5pm Monday, May 21, 2012 to set up carnival rides. • C Street from Union Ave to Victoria Ave from 6am Wednesday, May 16, 2012 to 5pm to Monday, May 21, 2012 to set up an entertainment tent. • D Street from Union Ave to Victoria Ave from 6am Wednesday, May 16, 2012 to 5pm to Monday, May 21, 2012. • Union Ave from 1S Street to B Street, including Richmond, Grand, D Street and C Street from Union to Main from 5am Thursday, May 17, 2012 to 6am Monday, May 21, 2012. • Victoria Ave on the bridge over the Riverwalk on the East side from noon on Sunday, May 20, 2012 until 6pm Sunday, May 20, 2012. This is a one lane closure that will allow for a crane to be parked to accommodate the duck race. We will have flaggers that will direct traffic around the crane. Serving Pueblo County since 1910 GRE TE \TM I . CHAMBEIK w 1`; Bushl 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 542 -1624 fax • www.pueblochamber.org In addition to the above street closures, we will close the convention center overflow parking lot located between Main and Union Ave on Monday, May 14, 2012 until Tuesday, May 22, 2012. The PBR Parking lot and the parking lot located at City Hall and Angelo's will close Thursday, May 17, 2012 until Monday, May 21, 2012. We will utilize Pueblo Plaza for a beer garden. We will protect the landscaping with caution tape and barricades. We will do the same around landscaping in the island areas on Union Ave. We will not allow any vendors to use tent stakes. All waste will be collected throughout the festival area and disposed in roll -off dumpsters provided by the chamber. Sincerely, Rod Slyhoff President & CEO Serving Pueblo County since 1910 Client #: 169884 GREAPUEB ACOR ®TM CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 4/16/2012 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 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 certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT Susan Huertas HUB International Ins Svcs Inc PHONE 6831 546 719 - F AX (A/C, No, Exl): 1 (A/C, No): 866- 908 -2103 1414 W 4th St ADDRESS: susan .huertas @hubinternational.com P.O. Box 58 Pueblo, CO 81002 INSURER(S) AFFORDING COVERAGE NAIL # INSURERA: Philadelphia Insurance Company 23850 INSURED INSURER B : The Pueblo Chamber of Commerce INSURER C 302 N Santa Fe Avenue INSURER D : Pueblo, CO 81003 -4102 INSURER E : INSURER F : CA License #0757776 COVERAGES CERTIFICATE NUMBER: 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. LT TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDDIYYYY) LIMITS A E GENERAL LIABILITY PHPK808819 12/25/2011 12/25/2012 EACH O $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence $ 100,000 , CLAIMS -MADE X OCCUR MEO EXP (Any one person) $0 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 3,000,000 POLICY PRO- 7 LOC $ JECT A AUTOMOBILE LIABILITY PHPK808819 12/25/2011 12/25/2012 Ea OMaccidenBINED t) SINGLE LIMIT $ 1 , 000,000 { ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON•OWNED PROPERTY DAMAGE _AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE _ $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 1427 ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81002 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1642549/M1471313 SH01