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HomeMy WebLinkAbout12634RESOLUTION NO. 12634 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE BISHOP OF PUEBLO, A CORPORATION SOLE, ON BEHALF OF ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET AND ROUTT AVENUE TO CONDUCT A CHURCH FESTIVAL FROM MAY 31, 2013, THROUGH JUNE 2, 2013 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 St. Francis Xavier Church, for the use of the 1700 Block of Spruce Street and Logan Street between Pine Street and Routt Street for the purpose of conducting a church festival. The period of the Revocable Permit will be from 5:00 p.m. on May 31, 2013 until 11:00 p.m., on June 2, 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: April 8, 2013 BY: Ami Nawrocki Background Paper for Proposed RESOLUTION DATE: April 8, 2013 AGENDA 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 ST. FRANCIS XAVIER CHURCH FOR THE USE OF THE 1700 BLOCK OF SPRUCE STREET AND LOGAN STREET BETWEEN PINE STREET AND ROUTT AVENUE TO CONDUCT A CHURCH FESTIVAL FROM MAY 31, 2013, THROUGH JUNE 2, 2013 ISSUE Should City Council issue a Revocable Permit to the Bishop of Pueblo, a Corporation Sole, on behalf of St. Francis Xavier Church for the use of the 1700 Block of Spruce and Logan Street between Pine Street and Routt Avenue 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 St. Francis Xavier Church is requesting a Revocable Permit to use public roadways around the church to conduct a church festival. The period of the Revocable Permit will be from 5:00 p.m. on May 31, 2013, until 11:00 p.m., on June 2, 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: The Bishop of Pueblo, a Corporation Sole, on behalf of St. Francis Xavier Church, 1725 Spruce St, Pueblo, CO 81004, (719) 564 -1125 2. Permitted Area: 1700 Block of Spruce Street and Logan Street between Pine Street & Routt Street 3. Purpose of Revocable Permit: Church Festival 4. Authorized Improvements: 5. Commencement Date: May 31. 2013 Time: 5:00 p.m. 6. Ending Date: June 02 2013 Time: 11:00 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 S500.00 ( "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 Pennittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Pennittee 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 / / day of A/ �t'L' !'i , 20 /3 . PERMITI'EE: � Organization: (5 t /r2 /tr fS , l% (' .- eh ��� C By /-/� • )43 GI `" CA ~(-f1 A-L /f 714 { y �. Title: P, s TG r `- STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. • / The foregoing instrument was acknowledged before . A 1:1 day of /L l 207 by Z My commission expires: _ McCuii ir ka I [SEAL] � e . 0 . _ .:CIA,- , // • Notary Publi A APPROVED this P day of A r i ` , 20 13 . 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I.:,h.r -.. .......Yit..„:"..,..;:i!".: ' C" • , , G T,S `,, J �'n `' • 00! `' ,, k M, t ,To u. k �t.' -... s 1� j , i. §"' 4. r ^ii.k x ,.. i yi"a o.... °ia i�d'„ i., ¢ r s 1 +� itp t'� i 'xuS�' if.N � u1441$ �. a:a / 0. 0 n 8 0 3 St. Francis Xavier Church 611 Logan ❖ Pueblo, CO 81004 + (719) 564 -1125 March 1, 2013 To Whom It May Concern: I do hereby grant permission for Saint Francis Xavier Parish to use the Property located at 1725 Spruce, Pueblo, Colorado for a special event permit (Church Festival) on Friday, May 31, 2013 5:OOpm- 11:OOpm, Saturday, June 1, 2013 from 11:OOam- 11:OOpm and Sunday, June 2, 2013, from 11:OOam- 11:OOpm. Sincerely, - /'` ) I '-' r Re Uj Ok ahialam, CSSp Parish Administer St Francis Xavier Church The foregoing instrument was acknowledged before me this 1 �t day of "ilt -trk- 2013 r A .0 Notary Public e l c , i : n ®° 4.3C) (.U. e >V,' I''-: C) Address Co 8 ( b `"7` My Commission Expires 4 3Q). 1 3 Certificate of Coverage Date: 3/7/2013 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 St. Francis Xavier Church OMAHA, NE 68154 611 Logan Avenue Pueblo, CO 81004 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. Type of Coverage Certificate Number Coverage Effective Coverage Expiration Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate a Occurrence Products- Comp /OP Agg 8590 7/1/2012 7/1/2013 111 Claims Made Personal & Adv Injury Fire Dam age (Any one fire) Med Exp (Any one person) Excess Liability Each Occurrence 500,000 8590 7/1/2012 7/1/2013 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of Operations /Locations/VehicleslSpedal 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 St. Francis Xavier's Church Festival to be held at 611 Logan Street & 1700 Block of Spruce (Street Closed) on May 31 -June 2, 2013. 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, CO 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 0171000636 ( I.