HomeMy WebLinkAbout12538RESOLUTION NO. 12538
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY FOR USE OF
VICTORIA AVENUE BETWEEN GREENWOOD AVENUE
TH
AND D STREET TO CONDUCT THE 13 ANNUAL
HOLIDAY LIGHTING EXTRAVAGANZA
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Historic
Arkansas Riverwalk of Pueblo Authority for the use of Victoria Avenue from D Street to
Greenwood Avenue on November 23, 2012 from 4:00 p.m. to 10:00 p.m. for the
th
purpose of conducting the 13 Annual Holiday Lighting Extravaganza.
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: November 12, 2012
BY: Sandy Daff
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: NOVEMBER 12, 2012AGENDA ITEM # M-6
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY FOR USE OF
VICTORIA AVENUE BETWEEN GREENWOOD AVENUE AND D STREET TO
TH
CONDUCT THE 13 ANNUAL HOLIDAY LIGHTING EXTRAVAGANZA
ISSUE
Should City Council issue a Revocable Permit to the Historic Arkansas Riverwalk of
Pueblo Authority for the purpose of conducting a Holiday Lighting Extravaganza?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The Historic Arkansas Riverwalk of Pueblo Authority has requested the use of Victoria
Avenue between D Street and Greenwood Avenue to hold a Holiday Lighting
Extravaganza on November 23, 2012 from 4:00 p.m. until 10:00 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: Historic Arkansas Riverwalk of Pueblo Authority , 200
West First Street, Suite 303, Pueblo, CO 81003, (719)595 -0242
2. Permitted Area: Victoria Avenue from D Street to Greenwood Avenue; Greenwood Avenue from Victoria to
2 " Street
3. Purpose of Revocable Permit: 13 Annual Holiday Lighting Extravaganza
4. Authorized Improvements:
5. Commencement Date: November 23 2012 Time: 4:00 p.m.
6. Ending Date: November 23 2012 Time: 10:00 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 cafes 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) 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 , , Y _ day of N0 d PJvi , 20 je9•1 .
PERMITTEE:
Organizatio . ARP Authorit
By:� /
T e: HARP Authont 'resi. -
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.. 7 441 The foregoing instru .-nt wa .c owledged before me the day of k\ijj� • �� , 20 4,2_ by
Ga Anzuini `�/ ■11111 as H • ' '_ Autho it President
My commission expires February 04.2014 �, •, ;; . ••
My commission expires:
[SEAL] � i• 11 �_ 0 s
otary Public • • CHIRISI1NE
APPROVED this I d ay of 1 pste aM��( , 20 (a .
P 0, . Mu • . al C• .oration OF COV° Q` dos
By
Presid- t of e C' y Council
CA - 4/6/10
"■1 -1 0 rN) > — I CA Z < 1 1
--' = 0 1 •,..„
0 0 0 0 -71
o a o
5 A o >
0.)
C A ) , 0 Wi
0 0 czo 0 --i 0 <
0 —I M 1
13 -1 0
0
0
o K m m
_, 3RD STREET M
0
Z
O5 2ND STREET 0 >
Z
1 ,1 '
03S010
avow
03S010 0
CIVOLI ,
m.o. Ill
tg MA3 M iS7
Z Si
0 (4 > 4 I I
0 I I
• °P -444
ilg . ■
,
, i l l k
■
--1
, 1 /
rn
m if ; 1 t
--,
17
•
-IJNIC.4N- A-V-E
1 1 1
3� s
&`Ills IOIllf it KANSAS,,
iZIVE13WAlt, Historic Arkansas Riverwalk of Pueblo
�4 PU B LOB
200 West First Street, Suit 303
Pueblo, Colorado 81003
Telephone: (719) 595 -0242 Fax: (719) 583 -4696
www.puebloharp.com
4
October 9, 2012
To Whom It May Concern:
The HARP Authority will be hosting its "12` Annual Holiday Lighting Extravaganza" on Friday, November 23, 2012.
The event will be held from 5pm to 8pm from the Riverwalk Welcome Center to Lake Elizabeth area. This event will
feature a holiday lighting ceremony, holiday concert series, boat rides, and fireworks.
It is necessary to close streets surrounding the area to assure the safety of the pedestrians attending the event to watch
the fireworks show. We are asking for the following street to be closed: "Victoria Ave. between the intersection of
Victoria and Greenwood and HARP Market Place and Victoria on Friday, November 23, 2012 beginning at 4:OOp.m.
through 10:OOp.m.
A -1 Rental will barricade and close the area listed above: "Victoria Ave. between the intersection of Victoria and
Greenwood and HARP Market Place and Victoria. A map showing the requested street closure is attached, along with
the $50 permit fee, $500 deposit and certificate of insurance to allow for the street closure.
Thank you,
q{ 466f/f;V.
Kevin Ortiz
Director of Marketing and Special Events
ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY)
10/19/2012
PRODUCER LIC #N /A 1- 303 - 757 -5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80209 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CIRSA
Historic Arkansas Riverwalk of Pueblo Authority
c/o HUB international INSURER B:
P.O. Box 58
INSURER C:
Pueblo, CO 81002 INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM /DD/YY) DATE (MM /DD/YY)
A GENERAL LIABILITY LIAB 01 -2012 01/01/12 01/01/13 EACH OCCURRENCE $ 5,000,000 _
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 5, 000, 000
X CLAIMS MADE OCCUR MED EXP (Any one person) $ 0
X $10m E &O Aggregate PERSONAL 8, ADV INJURY $ 5,000,000
GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 5,000,000
POLICY PRO- LOC
.IFCT
A AUTOMOBILE LIABILITY LIAB 01 -2012 01/01/12 01/01/13
COMBINED SINGLE LIMIT $ 1, 500, 000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
OCCUR CLAIMS MADE AGGREGATE $ _
_ $
DEDUCTIBLE $
RETENTION $ $
WC STATU- OTH-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATION S /LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
Certificate Holder is Additional Insured on Liability Policies if required by contract.
With respect to Holiday Lighting event on Nov. 23, 2012 - street closures and fireworks
CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Permit Dept IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
1 City Hall Place
REPRESENTATIVES.
Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE — 1/1 ",t 7/4 USA ��
ACORD 25-S (7/97) brastetter 0 ACORD CORPORATION 1988
29774130