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HomeMy WebLinkAbout12403RESOLUTION NO. 12403 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO LA GENTE YOUTH SPORTS, INC., FOR THE USE OF THE 1200 BLOCK OF JUAN MADRID AVENUE TO HOST THE 2012 ST. ANNE’S SOFTBALL TOURNAMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to La Gente Youth Sports, Inc., for the use of the 1200 Block of Juan Madrid Avenue from July 13, 2012, at 12 Noon through July 16, 2012, at 12 noon to host the 2012 St. Anne’s Softball Tournament. 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: May 14, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: MAY 14, 2012 AGENDA ITEM # M-14 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO LA GENTE YOUTH SPORTS, INC., FOR THE USE OF THE 1200 BLOCK OF JUAN MADRID AVENUE TO HOST THE 2012 ST. ANNE’S SOFTBALL TOURNAMENT ISSUE Should City Council issue a Revocable Permit to La Gente Youth Sports, Inc., for the use of the public right-of-way located at the 1200 Block of Juan Madrid Avenue for a softball tournament? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND La Gente Youth Sports, Inc., has requested the closure of the 1200 Block of Juan Madrid Avenue from July 13, 2012, at 12 Noon through July 16, 2012, at 12 Noon to host the St. Anne’s Softball Tournament. 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: I . Name, Address and Telephone Number of Permittee: La Gente Youth Sports, Inc, 2804 East 12 Street, Pueblo, CO 81001, (719) 242 -4215 2. Permitted Area: 1200 Block Juan Madrid 3. Purpose of Revocable Permit: St. Anne's Softball Tournament 4. Authorized Improvements: 5. Commencement Date: July 13, 2012 Time: 12 Noon 6. Ending Date: July 16, 2012 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 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 tennination 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 4+ day of r , 20 1?) . PERMITTEE:: f , i �,, / Organization: a. b �� �(J o +A-`(V l / 14 y , By: Title: er,Aion 3a(' STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The fore g instrument was acknowledged before me the day of t 1 , 20 � by Zac.Y l Vkiti c - as t.)cec I,I d-e, D) fC.coY" My commissio expires: la3 I [SEAL 1. - - bC. Etntike Notary Public APPROVED this 14 day of May , 20 12 . PUEB %, Mun Corp • tion • '� By esid s: f • City ' ouncil CA - 4/6/10 1 - m n tam i j a = o P 0 r- 3 3 Er v a w z� g o 11 g c 7q n P Z Z 0 ; , '. > 0 O Fri o- m Z -. m a . 3AV MIf1 O 8'`' "ti r„ ` ' � � 4 { * 0 * 1 -511 n g rtg ' —1 s ,4: ;. s ,L Nt 1 V. - _.. r. - r 4t o J o $ ,; fa � '' g "iy \,1 , ,�,' Alm 11 .4 1 *'1''.1a1 . ' - ' !-- wtr vd 1 klY -41re, -- 9 a ■ 1 � � p� ° g �` �' CO 0) CO v rn Q > c ewe m z CA o 0 3 ',�� 4 :•:,.,,, , , ' `' ' Ls Genie Ye,tb Sports, inc. I 2804E 92" . e ,� , Pueblo, CO 81001 Y +� A . ). ' s 17191424-4215 L T 1- AVSANg April 23, 2012 Chris Kaufman, President Pueblo City Council 1 City Hall Place Pueblo, CO 81003 Mr. President and City Council, La Gente Youth Sports is requesting a revocable permit to close a portion of Juan Madrid Avenue (1200 block) on the weekend of July 13, 14 and 15, 2012. We are asking to close the street to host a fundraising softball tournament, the Tournament at St. Anne's. The tournament was once part of the St. Anne's community festival, which no longer is in existence. The Organization has closed the street for the last three consecutive years which has led to a better event. If you have any questions please feel free to call me at your convenience. Sincerely, Zachary S. Valdez, MBA Executive Director La Gente Youth Sports, Inc 719 - 406 -9200 Cell 719- 242 -4215 Office zachary@1gys.org La Gente Youth Sports, Inc. 2012. A Tax Exempt Nonprofit Organization Client#: 168751 LAG ENTEYI ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/20/2012 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 WANED, 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 Wal Serena Torres HUB International ins Svcs Inc PHO 719- 546 -6840 Fax 866 -908 -2103 A 1414 W 4th St E � o Exq: (Atc, No): DDREss: serena.torresa@hubinternational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIC s Pueblo, CO 81002 INSURER A: Philadelphia Insurance Company 23850 INSURED INSURER e : La Gente Youth Sports Inc. INSURER C : 2804 E 12th Street Pueblo, CO 81001 INSURER o 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. �TR TYPE OF INSURANCE NgR yp POLICY NUMBER ofiwDD/YYYY) (166WD0/YYYY) , LIMITS A GENERA!- UABIUTY X PHPK699946 04/28/2012 04/28/2013 EACH OCCURRENCE $1,000,000 PREMISES ( X COMMERCIAL GENERAL LIABILITY Ea oc nFence) $100,000 CLAIMS -MADE I XI OCCUR MED EXP Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 ^I POLICY n 7 n LOC A AUTOMOBILE t.IABIIm PHPK699946 04/28/2012 04/28/2013 COMBINED SINGLE LIMIT 500 000 (Ea acddentl �� 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 acddent) _ UMBRELLA LIAR OCCUR EACH OCCURRENCE `— EXCESS LIAR CLAIMS -MADE AGGREGATE DED 1 RETENTION $ $ WORKERS COMPENSATION WC STATU- I I OTH AND EMPLOYERS LlABd11Y y / N TnRY 1 miffs FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yea describe under DESCRIPTION OF OPERATIONS bebw E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, AddtllonsI Remarks Schedule, 11 more space Is required) City of Pueblo is named additional insured in regards to general liability 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 211 E. D St ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1648188/M1648145 JHO2