HomeMy WebLinkAbout12424RESOLUTION NO. 12424
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE BISHOP OF PUEBLO, A
CORPORATION SOLE, ON BEHALF OF OUR LADY OF
MOUNT CARMEL CHURCH FOR THE USE OF THE 400
BLOCK OF CLARK STREET ON JULY 14 AND JULY 15,
2012, TO CONDUCT A CHURCH FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to The Bishop of
Pueblo, a Corporation Sole, on behalf of Our Lady of Mount Carmel Church for the use
of the 400 Block of Clark Street from July 14, 2012, at 8:00 a.m. until July 15, 2012, at
midnight.
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: June 11, 2012
BY: Leroy Garcia
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: JUNE 11, 2012AGENDA ITEM # M-4
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE BISHOP OF PUEBLO, A CORPORATION SOLE, ON BEHALF OF OUR LADY OF
MOUNT CARMEL CHURCH FOR THE USE OF THE 400 BLOCK OF CLARK STREET
ON JULY 14 AND JULY 15, 2012, TO CONDUCT A CHURCH FESTIVAL
ISSUE
Should City Council issue a Revocable Permit to The Bishop of Pueblo, A Corporation
Sole, on behalf of Our Lady of Mount Carmel Church for the use of the public right-of-
way located at the 400 Block of Clark Street for the purpose of conducting a church
festival?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Bishop of Pueblo, a Corporation Sole, on behalf of Our Lady of Mount Carmel
Church has requested the use of the 400 Block of Clark Street from 8:00 a.m. on July
14, 2012, until Midnight on July 15, 2012, to conduct their annual church festival.
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: Bishop of Pueblo, a Corporation Sole, on behalf of Our
Lady of Mt. Carmel Catholic Church, 421 Clark St, Pueblo, CO 81003, (719)542 -5952
2. Permitted Area: 400 Block of Clark St
3. Purpose of Revocable Permit: Church Festival
4. Authorized Improvements:
5. Commencement Date: July 14. 2012 Time: 8:00 a.m.
6. Ending Date: July 15, 2012 Time: Midnight
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) 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 Penmittee, 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).
(I) 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 I day of .•L'\ , 20 la .
PERMITTEE:
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STATE OF COLORADO )
COUNTY OF PUEBLO ) ss
The foregoing instrument was acknowledged before me the I h day of 4 , 20 ( . by
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Our Lady of gift. Carmel Church
r " �� L r 421 Clark Street
1 ;(0 ¢ i4 ; Pueblo, CO 81003
11 y0 (719) 542 -5952
y
May 8, 2012
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
To Whom It May Concern:
The Festival Committee of Our Lady of Mt. Carmel Church has my
permission to use the facilities of this church, for the purpose of
conducting our annual church festival on July 14 and 15 The
400 Block of Clark Street, situated in the City of Pueblo, County
of Pueblo, State of Colorado will be used for the festival.
Sincerely yours in Christ
Father Martin Frias
Pastor, Our Lady of Mt. Carmel Church
Serving the people of Pueblo 110 years!
Certificate of Coverage Date: 5/23/2012
Certificate Holder This Certificate is issued as a matter of information only and
The Diocese of Pueblo and /or Bishop of Pueblo a confers no rights upon the holder of this certificate. This certificate
Corporation Sole including all Catholic Corporations not for does not amend, extend or alter the coverage afforded below.
Profit Sponsored by the Bishop of Pueblo or The Diocese of
Pueblo, 101 N. Greenwood, Company Affording Coverage
Pueblo, CO 81003 THE CATHOLIC MUTUAL RELIEF
SOCIETY OF AMERICA
Covered Location 10843 OLD MILL RD
Our Lady of Mount Carmel Parish OMAHA, NE 68154
421 Clark Street
Pueblo, CO 81003
Coverages
This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate
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 coverage afforded described herein is subject to all the terms, exclusions and
conditions of such coverage. Limits shown may have been reduced by paid claims.
Coverage Effective Coverage Expiration
Type of Coverage Certificate Number Date Date Limits
Property Real & Personal Property
D. General Liability Each Occurrence 1,000,000
General Aggregate
Is Occurrence Products- Comp /OP Agg
8590 7/1/2012 7/1/2013 Personal & Adv Injury
II Claims Made
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability Each Occurrence
Annual Aggregrate
Other Each Occurrence
Claims Made
Annual Aggregrate
Limit /Coverage
Description of Operations /Locations/Vehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in
conflict with this language)
Coverage is verified for claims arising out of Our Lady of Mount Carmel Parish's use of the closed 400 Block of Clark Street, Pueblo,
CO, for their annual festival and procession on July 14 -15, 2012. Includes host liquor liability.
Holder of Certificate Cancellation
Should any of the above described coverages be cancelled
before the expiration date thereof, the issuing company will
City of Pueblo endeavor to mail 30 days written notice to the holder of
certificate named to the left, but failure to mail such notice shall
impose no obligation or liability of any kind upon the company,
its agents or representatives.
Authorized Representative A , (/
•
0171000622
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
THE BISHOP OF PUEBLO, A CORPORATION SOLE
is a Nonprofit Corporation formed or registered on 11/01/1967 under the law of Colorado, has complied
with all applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 19871196793.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 05/14/2012 that have been posted, and by documents delivered to this office electronically
through 05/15/2012 @ 13:29:32.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 05/15/2012 @
13:29:32 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8245789.
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End of Certificate
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However,
as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site, bttp: / /wwn.sos. state. co. us/ biJCertificateSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, http://wini .sos.state.co. us/ click Business
Center and select "Frequently Asked Questions."
CENT GS D Revised 08/20/2008