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12652
RESOLUTION NO. 12652 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CHAVEZ/HUERTA K-12 PREPARATORY ACADEMY, FOR THE USE OF THE 2700 TH BLOCK OF WEST 18 STREET, TO CONDUCT A SCHOOL COMMUNITY EVENT ON MAY 3, 2013, FROM 2:00 P.M. TO 10:00 P.M. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Chavez/Huerta th K-12 Preparatory Academy, for the use of the 2700 block of West 18 Street for the purpose of conducting a school community event. The period of the Revocable Permit will be from 2:00 p.m. to 10:00 p.m. on May 3, 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 22, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: APRIL 22, 2013 AGENDA ITEM # M-9 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CHAVEZ/HUERTA K-12 PREPARATORY ACADEMY, FOR THE USE OF THE 2700 TH BLOCK OF WEST 18 STREET, TO CONDUCT A SCHOOL COMMUNITY EVENT ON MAY 3, 2013, FROM 2:00 P.M. TO 10:00 P.M. ISSUE Should City Council issue a Revocable Permit to the Chavez/Huerta K-12 Preparatory th Academy for the use of the 2700 block of West 18 Street for the purpose of conducting a school community event? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND Chavez/Huerta K-12 Preparatory Academy is requesting a Revocable Permit to use public roadways around the school to conduct a school community event. The period of the Revocable Permit will be from 2:00 p.m. to 10:00 p.m., on May 3, 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: Chavez -Huerta K -12 Preparatory Academy, 2727 West 18 Street, Pueblo, CO 81003, (719) 671 -1512 2. Permitted Area: 2700 block of West 18` Street 3. Purpose of Revocable Permit: School Community Event 4. Authorized Improvements: 5. Commencement Date: May 3 2013 Time: 2:00 p.m. 6. Ending Date: May 3 2013 Time: 10:00 gym. 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 8 r H day of 4 PR XL , 20 13 . PERMITTEE: Organization: CNA V CZ // � ER TA ! IQ E P 1 CA2 4iy By: C4F V at f ea__ Title: E'(ECKTtYE ,DIQECTo STATE OF COLORADO ) COUNTY OF PUEBLO ) SS.. p The foregoing instrument was acknowledged before me the O #11 day of Apr I 1 , 20 3 by Jo V. tA i C(U Z as Dc-e—C In t (Q C.,I-r) r My commission expires: ICS ( z Co I 1 3 . • [SEAL] ` ON R `` — otary Public + �J ....... ,it . APPROVED this ' sTAQ I , pril 2013 . (0 • • .. P :. i , a Munici ' 1 ' I rporation • 0 • : % ( +! 1 d ° •• AVB`.G O -• ' • ent of the City Council 1‘1) • • . CA – 4/6/10 %‘‘. OF C fly Commission Expires_/ i/ CHA\/E7 H ERTA K -12 PREPARATORY ACADEMY City of Pueblo Department of Public works 211 East D Street Pueblo, CO 81003 April 2, 2013 To Whom It May Concern, We are asking permission to utilize the 2700 block of 18 street for a school community event. The area of 18` street in front of Delores Huerta Preparatory High School will be closed off to allow for a car show for our annual CHPA (formerly CCA) Day celebration on May 3, 2013. We will need to close the street starting at 2:00 pm until 10:00 pm on the day of the event. We appreciate your time and consideration and thank you in advance for helpin • with this event. Sincerely, Arlen T. • • ue110 Director of Operations and Instructional Philosophy Chavez /Huerta K -12 Preparatory Academy Building a Legacy of Success Client#: 695456 CHAVHUER ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) a/o2/2013 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((es) 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 NQNEACT Melinda Grant HUB International Ins Svcs Inc (A/ /C,, No, Ext): 719 -546 -6829 FAX No): 866- 908 -2103 1414 W 4th St E-MAIL g ADDRESS: m elinda. rant hubinternational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIL # Pueblo, CO 81002 INSURER A: Philadelphia Insurance Company 23850 INSURED INSURER B : Pinnacol Assurance Company 41190 Chavez Huerta K12 Preparatory Academy INSURER C : 2727 W 18th Street INSURER D : Pueblo, CO 81003 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 I5 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSR SUBR POLICY NUMBER (MMIDD (MNWDY/YYYYVV) LIMITS A GENERAL LIABILITY PHPK888324 07/01/2012 07/01/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREEaE $100,000 CLAIMS -MADE X 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 $ 2,000,000 POLICY JET LOC $ A AUTOMOBILE LIABILITY PHPK888324 07/01/2012 07/01/2013 (Ee a xl deo LIMIT 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNE PROPERTY DAMAGE $ AUTOS (Per acddent) A x UMBRELLA UAB X OCCUR PHUB388745 07/01/2012 07/01/2013 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $2,000,000 DED X RETENTION $10,000 $ B WORKERS COMPENSATION 4060176 07/01/2012 07/01/2013 X T"ORYTLIMirS ERH AND EMPLOYERS' LIABILITY OFFICER/MEMBER O R EXR N E ECUTIVE Y / N N / A E.L. EACH ACCIDENT $500,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) R; CCA Day Festivities CERTIFICATE HOLDER CANCELLATION DESCRE ANY City of Pueblo- Publics Works THE SHOULD EXPIRAT DATE V T EREOF NOTICE WILL C BE C DELIVERED N PO Box 1427 ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81002 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 #S2185229/M1736199 SB04