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12408
RESOLUTION NO. 12408 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CENTER FOR AMERICAN VALUES, INC., FOR THE PARTIAL USE OF MAIN STREET FROM D STREET TO GRAND AVENUE TO CONDUCT THE ROCK N STEEL: WTC STEEL DEDICATION ON THE WALK OF VALOR BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Center for American Values, Inc., for the partial use of Main Street (2 Southbound Lanes) from D Street to Grand for the purpose of conducting the Rock N Steel: WTC Steel Memorial Dedication on the Walk of Valor. The period of the Revocable Permit will be from 3:00 p.m. to 8:00 p.m. on May 18, 2012. 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, 2012AGENDA ITEM # M-19 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CENTER FOR AMERICAN VALUES, INC., FOR THE PARTIAL USE OF MAIN STREET FROM D STREET TO GRAND AVENUE TO CONDUCT THE ROCK N STEEL: WTC STEEL DEDICATION ON THE WALK OF VALOR ISSUE Should City Council issue a Revocable Permit to the Center for American Values, Inc., for the purpose of conducting the Rock N Steel: WTC Steel Memorial Dedication on the Walk of Valor? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND The Center for American Values, Inc., has requested the partial use of Main Street (2 Southbound Lanes) from D Street to Grand to hold a Rock N Steel: WTC Steel Memorial Dedication on the Walk of Valor, May 18, 2012, from 3:00 p.m. to 8:00 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: Center for American Values, Inc., 101 South Main Street, Riverwalk 100, Pueblo, CO 81003 (719)543 -9502 2. Permitted Area: Two Southbound lanes of Main Street from D Street to Grand Avenue. 3. Purpose of Revocable Permit: Rock N Steel: WTC Steel Dedication on the Walk of Valor. 4. Authorized Improvements: 5. Commencement Date: May 18, 2012 Time: 3:00 p.m. 6. Ending Date: May 18, 2012 Time: 8:00 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 cafes, 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) Pennittee 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 Pennittee 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. Pennittee assumes the risk of injury, loss and damage to Pennittee'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 terinaton 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. Pennittee waives any and all right or claim to such notice, hearing, and liability of the City. Signed in Pueblo, Colorado this 3 RD day of � ,20/ y . PERMITTEE: Organization: ' ' A ° I l i lr deal By: Title: , oa rd, Pi-QS) en-)' STATE OF COLORADO ) COUNTY OF PUEBLO ) oregoing instrument was acknowledged before me the /el) day of 07 ( 4 — , 20 / by � as V7— My commission expires: / — E.9 d/ [sE Ah Notary Public APPROVED this 14 day of May , 201 9 • PUE : •, : Muni Co . •.: tion By / . i /` Presi s en s f e Ci ouncil CA — 4/6/10 in _ w Ay ad elueS S Cid ® �. i P2 \ m \ S/jd ,' , ri;'� A yr t- $f V a \ o0 111<5'.4b‘1/4.1 dry U) r m 1�4 IL r .: "' ' �S LL a , E Q� of ��a` co ny pue1O S as �' 4,, .. co itil• ea ti A (�' 1S p0 oMU90J0 S r .y , CA,,,, s ' ° a6, x >= G ! P fi 11111 1 t; R S M t y G 5 _5k)F „ ¢ b ' . �� " V v3 fir; 9O N A f`5 + ' \� fi; .. J } MY % �' 1u � q r � 4 0 c: ° -.'• ;;: *,-: -r aj w ' ^ t y g - n °' , 3 ; i ^' m ac '' °'. ` ', � m 5 " T r q s • v � s '-„ 4 , k ' " <' April 23, 2012 ▪ 'Ce • { : " ` ,' ' �Amer a n Dear City of Pueblo, Public Works: �� b bA, � � 6 ; r. F i � y ''''� ` values te r The Center for American Values, Inc. a evn " N Steel: WTC Steel Memorial Dedication will be and hosting Lt. Dan Band historical Concert " Friday , 0;t� 1S Ma u r May 18, 2012. This event will dedicate a 500 fro Rruerw S o Pueblo Colorado 81©03x `, zero to its permanent placement on the Walk Ib. of piece Valor of and steel will m feature ground a ' x 71.9'543;9502 Aa free community concert with Gary Sinise & the Lt. Dan Band. ' ,'' n 3 a 5 4x: . . d? „ ' . .. ..d ;` . • wwiv a men canvaluescenter. or a ' 0 k ' The event is meant to acknow day ,' j f` : �` * =k ; � t � ,. recognize the ongoing actions of ledge first responders all lives that each were and lost every day. Fire "x` X L' s :w 7 Chief Christopher Riley, Pueblo Police Department Velez, and : q . f ;� 'F O U N D ING , , p : Sheriff Kirk Taylor serve on the planning committee for Chief this event Luis so we are a ' BOARD MEwMBERS .N fix,- R .,M ER , committed to a vision of making the event holding tate safety wide 4,� Brad)Padula �� ` z s: and accessibility as a top priority. We envision first this class event to while be a holdi s �, ". s D rew 4 • • o family friendly all day event. Susan Smith r F ate" - ' B� , c �` Although the 8pm concert piece h in coordination St � .� k,-G with the Chamber of Commerce and of PBR the Wild event West is Fes being t, we eld are hosting the �k 1-4_,,,;-Z-.0 . 5 1 dedication ceremony in the Center for American Values a • x Riverwalk. The dedication ceremony is scheduled from 6pm to Plaz 6:30pm on on the „ • � V A t Y May 18` Due to the limited room surrounding , it °„:.'x �,� k request permission to close a portion of the street the to Center ensure is the safety necessary of to a � _ ,, s , St 10., , # 5 �' gr m Grand Avenue from 3pm to 8pm on Friday, attendees. We are asking for a partial close of May Main 18, 2012. reet from We D Street to have met � � w y with Pepper Whittlef for her recommendation on the partial ���� Enclosed are our checks for mit $500 closure deposit plan. and �% certificate of insurance to allow the for revocable the street er closure. $50 fee Please feel free to • • _ 7 ' g k 24 contact me if you need additional informaton. i ;.t k � MISSION ' typo; ` 4 C7b the extre h - . s ces, made to hel sustain :,c--k-7,,,, mern v a l u es � and .0.4= o ensu a Thank you, these extraordrnary actfbns iit,,,,,6,0,_ • a e ' T 1 rish Rooney e e t e Center Manager , i k, t 4 twz SS e F a e� , 40i, ; , fi ti . "°„ 'al; -t .. 1 I ; ■ Y'- - Y I LL r -' ?- t i 'I v °"�`x AT '', s a s ' , , r 5/7/2012 1:08 PM FROM: Centennial- Insurance Centennial Insurance TO: 7195532294 PAGE: 001 OF 001 A� ° r C ERTIFICATE OF LIABILIT INSURANCE DATE 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: II 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 Ileu of such endorsement(s). PRODUCER m Douglas Helier _ Centennial insurance Agency, LLC PHONE 719.344.1111 FA . 719.5{5.!120 1515 Fortino Blvd. 2nd Floor ; PRODUCER Pueblo, CO 81008 _C_USTQMeRJ2r: a8 Selzer -- — — — — INSURER(E)AFFOIRDINO NAIC r INSURED _ INSURER A :Cent ral Mutual Co. 0230 Center for American Values, Inc. — INSURER _B • 101 S. Main Street Ste 100 —_ —. _ _- -. — INSURER C_ Pueblo, CO 81003 — . -- -- — ----- —..— INSURER E — . .. . - -.— _. _ INSURER P : ( COVERAGES CERTIFICATE NUMBER:WATBRFRoNT RE 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. INSRf ...... - -- -- - 1 - .1C _Y ...— —..—. Y� LTR ! TYPE OR INSURANCE + POLICY NUMBER RAMN W Y EFF . D POIJC IY EXP — iatrrs - -- • OEraERALLIASLLITY CL8989071 11/01/201111/01 /2012 EACH OCCURRENCE I 1,000,000 B COMMERCIAL GENERAL LIABLITY E Tb1WEFTEDD -- . . .— � nl $ 100, 000 A -,. - _ j CLAIMS -MADE Lti J OCCUR �—` - .— . . Imesie . 5 2ny one person) E 5, 000 NAL & AIV $ 1 000, 000 G� GE ERAL AGGREGATE 8 2,000,000 N'L AGGREGATE LIMIT APPLIES PER: • _ PR DUCTS • GREG AG E 2,000,000 POLK:Y r PRO- --' .. .. .. ..— .IFr r I LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT —1 ANY AUTO (Ea modem s ALL OWNED AUTOS j 8 00ILY INJURY (Per.peden) ! S __ ... ._ SCHEDULED AUTOS e0 ILY INJURY (Per accident) $ — . PR ERTY DAMAGE $ - • HIRED AUTOS (Per`accidenq NON-OWNED AUTOS - - - - -- .. - - r — $ 1 UMBRELLA JAB 1 C LAIMS -MADE __ OCCUR EACH OCCURRENCE _ EXCESS LIAR - — -- • - _ ...- ---. .___.._-...- _—._ ._.. AGGREGATE _.. .. __ S..... __ . -.-_ ' DEDUCTIBLE $ _._l RETENTION S - ---- - -.. -- : $ —.._. WORKERS COMPENSATION Y / N _ .. I 7 ARY LIMIT S l — I OTH• AND EMPLOYERS' LIABILITY _ — ANY I ORMARTNEWEXECUTIVE - — -- - AAEMBER E %CLUOED7 ❑ N / A EL H ACCIDENT — $ OFFICER (Mandatory In NH) E.L J SEASE - EA EMPLOYEE $ 11 yyea, de D DESCRIPTON OF OPERATIONS below � L POLICY LIMIT ! $ -' I 1 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Scheduled? more swats requhed) { • R81 9 -11 Event to be held on 5/18/2012. BELOW NASIED CERTIFICATE HOLDER IS NOD AS ADpITiONAL INSURED CERTIFICATE HOLDER CANCELLATION 1 (719) 553 -2294 SHOULD ANY OF THE ABOVE DEBC BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO , NOTICE WILL BE DELIVERED IN The City of Pueblo ACCORDANCE WITH THE POLICY P VISIONS. 200 S. Main St. Pueblo, CO 81003 • AUTHORIZED REPRESENTATIVE • • Douglas Selzer /CHRIS _ ` -- � ACORD 25 (2009108) ® 1888 - 2009 ACORD ':ORPORATION. All rights reserved. IN5026 (2nosos) The ACORD name and logo are registered marks of ACORD