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HomeMy WebLinkAbout12596RESOLUTION NO. 12596 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO CRIME STOPPERS, INC., FOR THE USE OF THE 100 BLOCK OF WEST "B" STREET FOR THE PURPOSE OF CONDUCTING THE "B" STREET BASH ON JUNE 7, 14, 21, AND 28, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Pueblo Crime Stoppers, Inc., for the use of the 100 Block of West “B” Street from 4:00 p.m. on Friday until 8:00 a.m. on the following Saturday to conduct the “B” Street Bash. The event will be held four Fridays: June 7, June 14, June 21, and June 28, 2013. 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: February 25, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: FEBRUARY 25, 2013AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO CRIME STOPPERS, INC., FOR THE USE OF THE 100 BLOCK OF WEST "B" STREET FOR THE PURPOSE OF CONDUCTING THE "B" STREET BASH ON JUNE 7, 14, 21, AND 28, 2013 ISSUE Should City Council issue a Revocable Permit to Pueblo Crime Stoppers, Inc., for the use of the 100 Block of West "B" Street? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Pueblo Crime Stoppers, Inc., is requesting the use of the 100 Block West “B” Street from 4:00 p.m. on Friday until 8:00 a.m. on Saturday to conduct the annual "B" Street Bash. The event will be held on June 7, June 14, June 21, and June 28, 2013. 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 Crime Stoppers, Inc., 200 S. Main Street, Pueblo, CO 81003, (719)543-2040 2. Permitted Area: 100 Block West `B' Street 3. Purpose of Revocable Permit: `B' Street Bash 4. Authorized Improvements: 5. Commencement Date: June 7 4 21 28 2013 Time: 4:00 p.m. 6. Ending Date: June 8 15 22 29 2013 Time: 8:00 a.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 — 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: (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 I day of , 20 43. PERMITTEE: Organization: Pcc,t, 1 o CM ri 540p0 .42,5-, y t By: Title: Cv-( -4 C 0 R p. STATE OF COLORADO ) COUNTY! ' BLO ) ss..� Th : • `:t was acknowledged before me the (cJ day of 1 , 2013 by ■rs�r' ..�5 as EL ✓1 ('fir,(/, �J i ham. +G 1P y mm ex r --- - 1111MI 4 11 '••. ®�. Notary Public 1 1 t QC' • ,. np,v APPR• ‘;.. 25th day of February , 2013 . PUEBLO � s�' ic Corpo °. ion B `..ra esident o "i'itty Council CA — 4/6/10 fEl .ii pa l c.,,, .._.. At le �Nza a 40 B 4 @ sck pp Jo 1-1 11 m.: 4ill f _ it, II P O T 1 x M§ k p D m o 4 VICTORIA ST 'ii 2 rsI. . --- ,_, <El> _._ , UNION AVE PUEBLO CRIME STOPPERS, INC. 200 S. Main Street P.O. Box 21 Pueblo, CO 81002 February 13, 2013 City of Pueblo 211 East D Street Pueblo, CO 81003 To Whom it May Concern: This letter is to request a revocable permit for Pueblo Crime Stoppers, Inc. It is the intention of our organization to continue the "B" Street Bash to raise money to assist Pueblo Law Enforcement in arresting and convicting criminals. This event will be held each Friday in June, 2013 on June 7, 14, 21 and 28` Sincerely, Vh/O>C)f Warren Montoya Treasurer Pueblo Crime Stoppers, Inc. Client#: 160032 PUEBCRIM ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 5/16/2012 THIS CERTIFICATE I8 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: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WANED, 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 aCT Leann Chavez HUB International Ins Svcs Inc Tel ma 719 - 546 - 6833. J FA Na): 866-908-2103 1414 W 4th St ADDRESS: Ieann.chavez a@hubinternational.com P.O. Box 58 Pueblo, CO 81002 INSURER(S) AFFORDING COVERAGE NAICA INSURER A: Atlantic Casualty Insurance Com INSURED INSURER 8 : Pinnacol Assurance Company 41190 Pueblo Crime Stoppers 130 Central Main INSURER C: Pueblo, CO 81003 INSURER D : 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. yNgg EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (h) AM^ UNITS A GENERALUABILITY X NN240050 06101/2012 06/01/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY IM o ice ) $ 100,000 CLAIMS -MADE ( X1 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY n ,1 [1 LOC $ AUTOMOBILE UABIUTY - C=OMBINED SiNOLE LIMIT (Ea acddanll $ — ANY AUTO BODILY INJURY (Per person) $ ALL OWNED -- SCHEDULED _ _ AUTOS , AUTOS BODILY INJURY (Per sodden!) $ HIRED AUTOS ANON-OWNED PROPERTY DAMAGE $ (Per acddent) $ UMBRELLA L.IAB — OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ _ DED 1 RETENTION $ $ B WORKERS COMPENSATION 4132056 06/01/2012 06/01/2013 X IwcsrATU- 1 MT- AND EMPLOYERS' LIABILITY Y / N Tl1RY 1 IMRS FR OOF CC U N 1 A E.L. EACH ACCIDENT $100,000 (Mandatory M NH) E.L. DISEASE - EA EMPLOYEE $100,000 If de salbe under DESCRIPTION C OPERATION bebw E.L. DISEASE - POLICY LIMIT $500,000 A Liquor Uability NN240050 06/01/2012 06/01/2013 $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Romarks Schedule, It more space Is required) RE: B Street Bash - June 1, June 8, June 15, June 22, June 292012 E &J Gallo Winery, employees, directors and subsidiaries thereof are listed as Additional Insured on those liability policies illustrated on this certificate. CERTIFICATE HOLDER CANCELLATION E &J Gallo Winery SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management Dept ACCORDANCE W)TH THE POLICY PROVISIONS. 600 Yosemite Blvd Modesto, CA 95354 AUTHORIZED REPRESENTATIVE © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1677241/M1677220 JHO2