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12651
RESOLUTION NO. 12651 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY, COLORADO-WYOMING CHAPTER, FOR THE USE OF LAKESHORE AVENUE BETWEEN HIGHLAND AVENUE AND ILLINOIS AVENUE TO HOST WALK MS PUEBLO EVENT ON MAY 11, 2013 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the National Multiple Sclerosis Society, Colorado-Wyoming Chapter, for the use of Lakeshore Avenue between Highland Avenue and Illinois Avenue on May 11, 2013, from 4:00 A.M. to 2:00 P.M. to host the Walk MS Pueblo event. 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-8 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY, COLORADO-WYOMING CHAPTER, FOR THE USE OF LAKESHORE AVENUE BETWEEN HIGHLAND AVENUE AND ILLINOIS AVENUE TO HOST WALK MS PUEBLO EVENT ON MAY 11, 2013 ISSUE Should City Council issue a Revocable Permit to the National Multiple Sclerosis Society, Colorado-Wyoming Chapter, for the use of the public right-of-way located at Lakeshore Avenue between Highland Avenue and Illinois Avenue to host a Multiple Sclerosis awareness fundraiser? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The National Multiple Sclerosis Society, Colorado-Wyoming Chapter, has requested the closure of Lakeshore Avenue between Highland Avenue and Illinois Avenue on May 11, 2013, from 4:00 A.M. to 2:00 PM, to host the Walk MS Pueblo Event. 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: National Multiple Sclerosis Society, Colorado - Wyoming Chapter,611 North Weber Street, Suite 101, Colorado Springs, CO 80903 2. Permitted Area: Lakeshore Avenue between Highland Avenue and Illinois Avenue 3. Purpose of Revocable Permit: Walk MS Pueblo 4. Authorized Improvements: 5. Commencement Date: May 11, 2013 Time: 4:00 a.m. 6. Ending Date: May 11, 2013 Time: 2:00 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 (1) 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). (I) 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: (1) 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 \DO\ day of ?Y11 , 20 13 . PERMITTEE: Organization: I \ O \ ► na, . � � k . • By: (t`S{ 0‘.� Title: w kV\ u. STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrume was acknowledged before me the /0 Hi day of ifs 1 , 20 by _al i _ � � t _ J �� as C MAY\I - . ■`(990,0A My commission expires: 09 ",,20/(0 // [SEAL] �G_l._� / /,.` A. , Notary Public MARIA D JMALWtiOOD APPROVED this 22nd day of April 20 13 . NOTARY PUBLIC : rporation OS ree City Council CA — 4/6/10 3 walk 44, Executive Committee Brandt Wilkins, Chair April 10 r 2013 Wet Paint Communications Kyle Ocasek, Chair Elect Point B Rob Hartnett, Treasurer Rothstein Kass Katy Spritzer, Secretary Pepper Whittlef Dividend Capital Total Realty Trust Traffic Engineer Marley Hodgson City of Pueblo Mad Greens — Inspired Eats Frank Montelro 1 City Hall Place MacDermid Jo Wilson Pueblo, CO 81003 TransFirst, LLC Carrie H. Nolan, President Emeritus Trustees: Dear Ms. Whittlef: George Garmany, M.D. Ralph Holden David Lord Janet Savage The National Multiple Sclerosis Society, Colorado - Wyoming Chapter Programs Comprehensive programs respectfully submits the enclosed Revocable Permit Application for the and advocacy to assist and empower May 11, 2013 Walk MS Pueblo event, which is to take place at Lake people affected by MS Research Minnequa Athletic Complex. Ensuring that the best and most promising research is funded This event is a fundraiser for the National MS Society and proceeds benefit Events in 2013 the more than 350 eo le living with MS in Pueblo County. Set-up will To support programs and p p g y p research begin at approximately 4 a.m., registration will open at 7:30 a.m., and the Walk MS Pueblo, May 11 Walk will commence at 9:30 a.m. We will begin breaking down around Colorado Springs, May 18 Bike MS Noon and expect everything to be cleaned up by 2 p.m. Colorado, June 29 -30 Wyoming, August 17 -18 Hike MS I am in the process of working with a local barricade company to submit a Copper Mountain, July 27 MuckFestMS traffic control plan and will submit it as soon as possible. We anticipate Denver, September 21 closing six intersections along Lakeshore Avenue and re- directing traffic around the basketball courts for event parking purposes, all of which will be outlined in the traffic control plan. Our organization intends to follow all rules and regulations as defined in the Revocable Permit Application to 611 North Weber Street Suite 10f;/,‘ Colorado Springs, CO 80903' Tel 719 634 -2984 1 i890,3441,-4867 , www cureMSco wy orgi S;, Se" ;a. Page 1 of 2 k = :.rw ensure the safety of our participants, as well as anyone else affected by our event. If there are any questions or concerns, please do not hesitate to get in touch with me by email at Chelsea.Hixson @nmss.org or via phone at 719- 634 -2984 ext. 15303. I can also be reached on my cell phone at 303 -263- 5811. Sincerely, Chelsea Hixson Community Outreach Manager, Southern Colorado Tax ID No. 13- 5661935 Page 2 of 2 AC® ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/VYYY) L..-- 04/1112013 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 pollcy(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 MARSH USA, INC. NAME: 445 SOUTH STREET A/ C No. Ext): (A /C, No): MORRISTOWN, NJ 07960 -6454 E - MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 123456- Stand- -12 -13 COLOR INSURERA : Federal Insurance Company 20281 INSURED INSURER B : Great Northern Insurance Company 20303 NATIONAL MULTIPLE SCLEROSIS SOCIETY COLORADO - WYOMING CHAPTER INSURER C : ACE Property & Casualty Insurance Company 20699 SOUTH COLORADO O INSURER o : Employers Insurance Company Of Wausau 21458 611 N WEBER, SUITE 101 COLORADO SPRINGS, CO 80903 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: NYC - 006610192 - 02 REVISION NUMBER:2 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 WVD POLICY NUMBER (MM /DD/YYYY) IMM /DD/YYYYI A GENERAL LIABILITY 3583 - - 12/31/2012 12/31/2013 EACH OCCURRENCE $ 1,000,000 X DAMA E TO RENTED 1,000,000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG$ 1,000,000 POLICY Pj1 4 X LOC $ B AUTOMOBILE LIABILITY (12)7353 - - 12/31/2012 12/31/2013 COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ X AUTOS AUTOS X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) Comp /Coll Deductible $ 1,000 C X UMBRELLA LIAB X OCCUR M00552835 022 12/31/2012 12/31/2013 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 5,000,000 DED RETENTION $ $ D WORKERS COMPENSATION WCC 12/31/2012 12/31/2013 X WC STATU - OTH AND EMPLOYERS' LIABILITY TORY I IMITS ER ANY PROPRIETOR /PARTNER /EXECUTIVE Y / N E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1'000'000 If yea, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: MS WALK CITY OF PUEBLO IS ADDED AS ADDITIONAL INSURED EXCLUDING WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY POLICY AS REQUIRED BY WRITTEN CONTRACT BUT LIMITED TO THE OPERATIONS OF THE INSURED UNDER SAID CONTRACT, AND ALWAYS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION CITY OF PUEBLO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 CITY HALL PLACE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PUEBLO, CO 61003 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ., otcLua I•-■ .,�4.... L4. -u- ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD