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HomeMy WebLinkAbout12488RESOLUTION NO. 12488 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON-PROFIT CORPORATION, FOR THE USE OF ST SPAULDING AVENUE AND 31 STREET TO HOST THE 2012 CORPORATE CUP MILE RUN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Young Men’s st Christian Association of Pueblo for the use of Spaulding Avenue and 31 Street on September 20, 2012, from 5:30 p.m. until 7:00 p.m. to host the 2012 Corporate Cup Mile Run. 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: September 10, 2012 BY: Chris Nicoll COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 10, 2012 AGENDA ITEM # M-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON- ST PROFIT CORPORATION, FOR THE USE OF SPAULDING AVENUE AND 31 STREET TO HOST THE 2012 CORPORATE CUP MILE RUN ISSUE Should City Council issue a Revocable Permit to the Young Men's Christian Association of Pueblo, a Colorado non-profit corporation, for the use of the public right-of-way st located at Spaulding Avenue and 31 Street to host the 2012 Corporate Cup Mile Run? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Young Men’s Christian Association of Pueblo, a Colorado non-profit corporation, st has requested the closure of Spaulding Avenue and 31 Street on September 20, 2012, from 5:30 p.m. until 7:00 p.m. to host the 2012 Corporate Cup Mile Run. 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: The Young Men's Christian Association of Pueblo, 3200 Spaulding Avenue, Pueblo, CO 81008, (719) 543 -5151 2. Permitted Area: Spaulding Avenue and 31 Street 3. Purpose of Revocable Permit: Corporate Cup 2011 — Mile Run 4. Authorized Improvements: 5. Commencement Date: September 20 2012 Time: 5:30 p.m. 6. Ending Date: September 20 2012 Time: 7:00 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. (0 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: (1) Ifto Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Conunittec. 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 Arca 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 Pennit"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 Pennittee, (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 AU.CJ Of , 20 1 a., . PERMITTEE: Organization: h 0 ' r *,,.• a _T.. «Troll o tt2 ? ` By: _ :.v /®�az..c. .c !Lr6 Title: '.elcEa STATE OF COLORADO) COUNTY OF PUEBLO ) ss:. The foregoing instrument was..acknowledged before .me the U� day of. u , 20 12 by `Text/ U04-W0 o "T re9d tm ( c 4 \ 0 O My eomwossiofl expires: 0 at3 ' -, , .,,. Notary Public ,, : , APROI APPROVED 10th day of S ptPmh0,- ,20.1.2 PUE t a a" Mu Co . , rtion ` ,, ' Presi • e of e Ci •, Council CA – " " 4/0110 . the V.* FOR * _, „.S N f August 17, 2012 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members: This September the YMCA will be conducting our 28th annual YMCA Corporate Cup, an autumn tradition in Pueblo for over 27 years. There are so many benefits to participating companies and their staff when they join in the fun of this friendly competition. It is designed for not only the top athletes but there are predicted events for the less active and older population as well. The team play, camaraderie and fun that happens within staff, the support they feel from the management team and the encouragement to be more active and healthier leads to decreased absenteeism, job turnover and health care costs. This event is being held to promote healthy lifestyles in our community. Events kick off September 15 and continue through October 4. The 1 mile event on Thursday, September 20 will start and end at the YMCA Community Campus, 3200 Spaulding Avenue. The 1 Mile Run/Walk begins at 5:45 p.m. and is a timed event with awards given to the top 2 finishers in each age divisions. We are requesting a revocable permit for this event which would enable us to close one lane of Spaulding Avenue and both lanes of31st Street (right -in only) from 5:30 p.m. to 7 p.m. on Thursday, September 20, 2012. We don't anticipate this causing much of an inconvenience as community members can access the Park West business campus via Spaulding. Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Sincerely, t �r 3 W` tS Victoria Esquib Director of Health & Wellness YMCA of Pueblo P 1 m oT z Ttm8 co o ;.,:s.2,561 -,2-9,58P, ° 0 0 0 p , fi • S e tT m.�z 5 ,cZ) o . f m Z 12 o _ z -t co 0 , r i ii - 7, £' _ w t k r _ _ - \ \ r rn cn w ti z r, * ..'13. v n rn ° c °n o -1 m'- . T°a°a nom mzc)zz•v i �mmc) r>Xr r c)m c, � cn o n r 7Ci < m f=“1 o 0 M © cj 2 E-- ° cn cn y c- )" arc,,, zcoZ rcn m Imo ZOZ -i • d mm Cnmcn cn ocn o m v v a z p m X) r r n r D r '< z -1--am '-mm23m w0,, O 2 m m m ' m n n --I c- cn c cn c m n c c n m '; mo o Qo ° _0 0 o -Al (e��z { .z XJ -te a n m m m -I �t�' m R z a G Z it , . G1 m 1 1. yy , A. 1 ; , \ \ // , t / � � i t y `, , r'�" n..j 4 ■ p ;i i t wi r }; ry 7 a M • i ' m tl , u ID -$ O 7 n O 3 Client#: 158602 YMCAPUEB ACOR D,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/27/2012 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 NE Teri Borgstedt HUB International Ins Svcs Inc PHONE 7195466837 FAX 8669082103 (A/C, No, Ext): (AlC, No): 1414 W 4th St EMAIL g y'l�. ADDRESS: t ste hubintemational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIL q Pueblo, CO 81002 INSURER A: New Hampshire Insurance Company 23841 INSURED • INSURER B : Pinnacol Assurance Company 41190 Young Men's Christian Association of INSURER C : Pueblo & YMCA Community Campus 3200 Spaulding INSURER D INSURER E : Pueblo, CO 81008 INSURER F 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM M/ /DD/YYYY) (MDO/YYYY) A GENERAL LIABILITY X 01LX0661430670 12/31/2011 12/31/201 EACH OCCURRENCE $1,000,000 PR X COMMERCIAL GENERAL LIABILITY EMIS a OmUI ance $100 000 CLAIMS -MADE I X OCCUR MED EXP An one person $5000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 _ POLICY JPERT I LOC $ A AUTOMOBILE LIABILITY 01CA0190470970 12/31/2011 12/31/2012 EaaBdde D SINGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS $ X HIREDAUTOS X NON OS -OWNED P _ AUT A UMBRELLA LIAB X OCCUR 01UD066145110 12/31/2011 12/31/2012 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $3,000,000 DEO X RETENTION $10000 $ B WORKERS COMPENSATION 596752 10/01/2011 10/01/2012 X T" RY rmifS 1 IFR AND EMPLOYERS' LIABLITY OFFICERD/MEMBERPEXRCLUDED ECUTIVEI N/ E.L. EACH ACCIDENT $500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $500,000 I( yes, descxlbe und DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Add Mona! Remarks 5chedule, It more space Is required) The certificate holder shall be an additional insured in accordance with all the terms, conditions, and limitations of the policy and then only with respect to liability caused by the negligent acts or omissions of the Named Insured and then only with respect to YMCA Corporate Cup 9/20/2012 5:30 -7:00 pm Spaulding street closure CERTIFICATE HOLDER CANCELLATION ANY OF City of Pueblo THE EXPIRATION H DATE CANCELLED E NOTICE BE DELIVERED N 1 City Hall Place ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE CO 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1799261/M1478551 TB01