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HomeMy WebLinkAbout12650RESOLUTION NO. 12650 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY, GREAT WEST DIVISION, INC., FOR THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE ON JUNE 7 AND JUNE 8, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to American Cancer Society, Great West Division, Inc., for the use of Orman Avenue between Marilyn Place and Arthur Street from June 7, 2013, at 12 Noon through June 8, 2013, at 10:00 a.m. to host the Relay for Life race. 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 22, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: APRIL 22, 2013 AGENDA ITEM # M-7 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY, GREAT WEST DIVISION, INC., FOR THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET TO HOST THE RELAY FOR LIFE RACE ON JUNE 7 AND JUNE 8, 2013 ISSUE Should City Council issue a Revocable Permit to the American Cancer Society, Great West Division, Inc., for the use of the public right-of-way located at Orman Avenue between Marilyn Place and Arthur Street to host a cancer awareness fundraiser? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The American Cancer Society, Great West Division, Inc., has requested the closure of Orman Avenue between Marilyn Place and Arthur Street from June 7, 2013, at 12 Noon through June 8, 2013, at 10:00 a.m. to host the Relay for Life race. 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: American Cancer Society, Great West Division, Inc., 1445 N Union Avenue, Colorado Springs, CO 80909 2. Permitted Area: Orman Avenue between Marilyn Place and Arthur Street 3. Purpose of Revocable Permit: Relay for Life 4. Authorized Improvements: 5. Commencement Date: June 7 2013 Time: 12:00 p.m. 6. Ending Date: June 8 2013 Time: 10:00 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 - 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 day of 01 , 20 l ANDREA C REYNOLDS PERMITTEE: NOTARY PUBLIC Organizatio : America ncer Society, Great West Division, Inc. STATE OF COLORADO ' BY: �; .L - tiff r L _ 41, - e' My Commission Expires 08/21/2013 — ' Title: Community Relationship Manager STATE OF COLORADO ) COUNTY OF ) ss.. f vak&D SThe - foregoing instrument was acknowledged before me the day of 4.....' A , 20 12 by ' S‘ Q 'k` kak.O.Oad as 0.._Omrn u0ni`y ‘AetiCi on m VI . My commission expires: A ) (al i (0� • � [SEAL] 1. \ , N tary Public APPROVED this 22nd day of Apr I - - . — ' 0, a M.umc • . 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Cl M EN I >I I I d • , c 1 1 - .0 RIP 1 , .... , 2 E 2 d ; o .cx u • a o e c4 2 DI e 51 ,. 1 • F2 (?,1 . o -. , , t „ I , , , ,4.,,, , ,,.. .., .1...r 4 , ,, ,, ,,, „ ,, • •, ..:.......: ......;,:.:;::!...;. : .0 : . : . ; . : . : .. x . c . x . ; ., ,.. ,. - .,",' , , , -- ;.:÷x.).:.:.:4',:e1..: :...„ ,x ii ', 't ::•.1.:1:•:•:.:•:•:•:•:•:•:•:•:•:•:•:•:+:4,4•:•:•:•:•:•: in • , ro -, pm , . . 0 0 • ..: e Qs ee, ., 411 t , .. 4 ■ / ci '4 4 A ! , 1* , z ' .., . ° City of Pueblo c/o Bella Trujillo 211 East D Street Pueblo CO 81004 April, 08 2013 To Whom It May Concern: The Relay For Life of Pueblo committee would like to request the support of the City of Pueblo as it holds its annual Relay For Life at Pueblo Community College, to take place June 07, 2013. The mission of Relay For Life of Pueblo is to celebrate cancer survivors, remember those lost to the disease, and fight back through advocacy, awareness and fundraising. This family- friendly event promotes health and solidarity among the Pueblo community. The committee hereby requests the street closure of Orman Avenue, from Marilyn Place to Arthur Street. A total of $550 will be remitted to the City: $50 for street closure permit and $500 as street closure deposit. Closure must begin at 10:00 am on June 7th, and expire at 10:00 am on June 8, due to set -up, tear -down and clean -up activities to be completed by the committee and other volunteers. If there are any questions or concerns, please contact Sheila Chehelakhtarani, Laurie Scoleri or Martin Santistevan (contact information below). Kind Regards, ( 444 1 Sheila Chehelakhtarani, American Cancer Society community relationship manager sheila.chehelakhtarani@ cancer.org, 719.630.4967 Laurie Scoleri, Relay For Life of Pueblo volunteer event chair relayforlifepueblo @yahoo.com, 719.549.3924 CC: Martin Santistevan, Relay For Life of Pueblo volunteer logistics chair martin.a.santistevan @usar.army.mil, 719.250.6233 ,p 139199 AWD CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DDIYYYY) mss./ 1/29/2013 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 Andy Adams NAME: Y Commercial Lines — (404) 923 -3700 PHONE 404 - 923 -3526 FAX 877- 362 -9069 _(A/C. No, Est): (A/C, No): Wells Fargo Insurance Services USA, Inc. E -MAIL we andrew.adams llsfar o.com ADDRESS: @ g 3475 Piedmont Road NE, Suite 800 INSURER(S) AFFORDING COVERAGE NAIC # Atlanta, GA 30305 -2886 INSURERA: Federal Insurance Company 20281 INSURED INSURER B : Pacific Indemnity Company 20346 American Cancer Society, Inc. INSURER C 250 Williams Street INSURER D : INSURER E : Atlanta, GA 30303 INSURER F : COVERAGES CERTIFICATE NUMBER: 5532904 REVISION NUMBER: See below 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR )QIVD POLICY NUMBER (MM /DD/YYYY) (MMIDDIYYYY) A GENERAL LIABILITY 35943463 09/01/2012 09/01/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 2,500 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 25,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 X POLICY PROT - LOC $ JEC A AUTOMOBILE LIABILITY 73563471 09/01/2012 09/01!2013 E ac C OMB ci INE de D n t) SIN $ GLE LIMIT 1,000,000 ( X ANY AUTO 73563476- Puerto Rico BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 73563477- Hawaii BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION x WC STATU- OTH- B AND EMPLOYERS' LIABILITY Y/ N 71741355 09/01/2012 09/01/2013 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N N I A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Certificate holder is included as an additional insured in accordance with the terms and conditions of the general liability policy. Re: Relay For Life of Pueblo on June 7 at 12 pm to June 8 at 10am, 2013 at Pueblo Community College, 900 W Orman Ave., Pueblo, CO 81004. CERTIFICATE HOLDER CANCELLATION Pueblo Community College • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE J. Zarr THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 900 W. Orman Ave. Pueblo, CO 81004 AUTHORIZED REPRESENTATIVE 9( I The ACORD name and logo are registered marks of ACORD © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)