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Home My WebLink About12489RESOLUTION NO. 12489 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, AND GRAND AVENUE FROM FIRST STREET TO UNION AND FROM TH MAIN STREET TO SANTA FE FOR THE 18 ANNUAL CHILE AND FRIJOLES FESTIVAL 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, and Grand Avenue from First Street to Union and from Main Street to Santa Fe from September 17, 2012 at 7:00 a.m. through September 24, 2012 at 5:00 p.m. for the th purpose of conducting the 18 Annual Chile and Frijoles Festival. 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: September 10, 2012 BY: Chris Nicoll COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 10, 2012AGENDA ITEM # M-9 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, AND GRAND AVENUE FROM FIRST STREET TO UNION AND FROM MAIN STREET TO TH SANTA FE FOR THE 18 ANNUAL CHILE AND FRIJOLES FESTIVAL ISSUE Should City Council issue a Revocable Permit to the Pueblo Chamber of Commerce for the use of the public right-of-way located on portions of Union Avenue, C Street, D th Street, and Grand Avenue for the 18 Annual Chile and Frijoles Festival? RECOMMENDATION Approval of this Resolution. BACKGROUND The Pueblo Chamber of Commerce has requested the use of the public right-of-way located on portions of Union Avenue, C Street, D Street, and Main Street from September 17, 2012, at 7:00 a.m. until September 24, 2012, at 5:00 p.m. to conduct the th 18 Annual Chile and Frijoles 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: Pueblo Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2. Permitted Area: Union Ave from 1 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 s ` St to Union St and from Main St. to Santa Fe 3. Purpose of Revocable Permit: 18` Annual Chile & Frijoles Festival 4. Authorized Improvements: 5. Commencement Date: September 17. 2012 Time: 7:00 a.m. 6. Ending Date: September 24 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 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 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) Pennittee 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 7 day of /9t4 rte` j , 20 ! .. . PERMITTEE: /I Organization: �,A c L �i� vw d w d t .aryfrn v'CG B ?JJ2 S l y l ofP Title: —P STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrument a acknowledged before me the 2 day of 90t( , 20 ( 2- by I // as '1 ytS ► 7 My commission expires: �/ O' 7 l ` 5 S_EAL,J M 1/ / Lg() Notary Public APPROVED this 10 day of Sepi mber , 20 PUE • aMu•'c'.•1Co •• •tion By /Ai ,466 Pres' • nt ' the Ci Council CA – 4/6/10 v1 rn a c 3 � � i a ° o c v I� (, L w1stst # , P ,a' ti � A G AO • Grand Ave r 3 9 0 0 5 sf to tio ■)' e s'f I e A I I 01 A 2011 17th Annual Chile and Frijoles Festival Roadway Closures '1 Wednesday, September 21st 8:00 AM thru Monday, September 26th at 5:00 PM Grand Avenue from 1st Street to Victoria Avenue I l \ — • - -- Thursday, September 22nd at 8:00 AM thru Monday, September 26th at 5:00 PM ,' Grand Avenue from Victoria Avenue to Union Avenue Grand Avenue from Union Avenue to Main Street � ' D and C Streets from Victoria Avenue to Union Avenue Friday, September 23rd at 5 :00 AM thru Monday, September 26 at 7:00 AM t Union Ave from 1 at Street to B Street /AYr•rAeerpaemmhoamay..mwammo THE GREATER" PALO CHAMBEEZ M Business 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber.org August 27, 2012 Jim Munch Interim City Manager City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Mr. Munch: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 18 Annual Chile and Frijoles Festival. The dates and hours of the festival are as follows; Friday, September 21, 2012 from 3:00 PM until 11:30 PM, Saturday, September 22, 2012 from 8:00 AM until 11:30 PM, and Sunday September 23, 2012 from 8:00 AM until 7:00 PM. We are requesting to close the following streets parking lots for sit up and take down. Convention Center overflow parking lot between Union Ave. and South Main from 9:00 AM Monday September 17, 2012 to 5:00 PM Tuesday September 25, 2012. Grand Ave from 1 Street to Victoria from 8:00 AM Tuesday September 18, 2012 to 5:00 PM Monday September 24, 2012 to put up and take down an entertainment tent. D Street from Victoria to Union from 6 AM Wednesday September 19, 2012 to Noon Tuesday September 25, 2012 to put up and take down an entertainment tent. Grand Ave. from Victoria to Union from 6:00 AM Thursday September 20, 2012 to 5:00 PM Monday September 24, 2012 to stage and put up the farmers market. C Streets from Victoria to Union from 6:00 AM Thursday September 20, 2012 to 5:00 PM Monday September 24, 2012 to put up and take down an entertainment tent. Union Ave from 1 Street to B Street and C and D Street from Union to South Main at 5:00 AM on Friday September 21, 2012 to 7:00 AM Monday September 24, 2012. We will put barricades and caution tape around the landscaping in the island on Union from 1S to Grand. No vendors will be allowed to use tent stakes and all waste will be collected throughout the festival and disposed of in dumpsters provided by the Chamber. Sincerely 1 Rod Sly off Serving Pueblo County since 1910 Client#: 169884 GREAPUEB ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/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 CONTACT Susan Huertas NAME: HUB International Ins Svcs Inc PHONE 719 -6831 FAX 866- 908 -2103 INC. No, Exit: (A/C, No): 1414 W 4th St E-MAIL DSS: susan.huertas @hubinternational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIC I Pueblo, CO 81002 INSURER A: Philadelphia Insurance Company 23850 INSURED INSURER B: The Pueblo Chamber of Commerce INSURER C : 302 N Santa Fe Avenue INSURER 0 : 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. IN RR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD (MM /DD UMRS A GENERAL LIABILITY PHPK808819 12125/2011 12/25/2012, EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAry�A4�E Tp RENTED P REMISES { Ea occurrenre $100,000 CLAIMS -MADE X OCCUR MED EXP Any ono porson) $0 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGORCCATC LIMIT APPLIES PER. PRODUCTS - cow/ or ACC '6 3,000,000 ^I POLICY JEST r LOC ^ $ A AU LIABILITY PHPK808819 12125/2011 12/25/2012 j aacodenlj'NGLELIMN 1,000,000 - ANY AUTO BODILY INJURY (Por porson) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ __ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ X HIREDAUTCS AUTOS (Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE _ $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED ' RETENTION $ $ WORKERS COMPENSATION WC STATU- I I CTH- AND EMPLOYERS' LIABILITY Y / N - WRY 1 IMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFF CER/MEMBER EXCLUDED? U N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If DESCRIPTION describe under IPTION OF OPERATIONS bolow E.L. DISEASE - POLICY LIMIT $ DSCIPTIO DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, AddNional Remarks Schedule, it 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 DEUVERED IN P.O. Box 1427 ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81002 , AUTHORIZED REPRESENTATIVE a t , . e . . .a . '') -4 I O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 o f 1 The ACORD name and logo are registered marks of ACORD #S1642549!M 1471313 SHO1