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HomeMy WebLinkAbout12670RESOLUTION NO. 12670 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF ST COMMERCE FOR THE USE OF UNION AVENUE FROM 1 STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRSTSTREET TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TH TO MAIN STREET TO HOST THE 5 ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street, C Street from Victoria Avenue to Main Street, D Street from Victoria Avenue to Main Street, and Grand Avenue from First Street to Main Street from May 13, 2013 at 7:00 a.m. until May 20, 2013, at 5:00 p.m. to th conduct the 5 Annual Wild Wild West Fest. 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: May 13, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: MAY 13, 2013 AGENDA ITEM # M-18 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ST PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM 1 STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, GRAND AVENUE FROM FIRST STREET TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TO MAIN TH STREET TO HOST THE 5 ANNUAL WILD WILD WEST FEST ISSUE Should City Council issue a Revocable Permit to Pueblo Chamber of Commerce for the use of the public right-of-way located on portions of Union Avenue, C Street, D Street, and Grand Avenue to host the Wild Wild West Fest? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Pueblo Chamber of Commerce has requested the use of the right-of-away located on portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue from May 13, th 2013 at 7:00 a.m. until May 20, 2013 at 5:00 p.m. to conduct the 5 Annual Wild Wild West Fest. 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 Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719) 542 -1704 2. Permitted Area: Union Ave from 1St St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from l St to Main St and from Main Street to Santa Fe Avenue 3. Purpose of Revocable Permit: Wild Wild West Fest 4. Authorized Improvements: 5. Commencement Date: May 13,2013 Time: 7:00 a.m. 6. Ending Date: May 20, 2013 Time: 5:00 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- 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 19 day of Ole , 20 e . PERMI iTEE: -� � � � Organization: r�i tb�D O f By S f F Title d rS �£Z1, STA'FE`OF_COLORADO ) COUNT Y OF PUEBLO ) ss.. 4-1 The foregoing instrument before me the / Q day of �'l ,sa nstrument was acknowledged , 20 /3 by as 'Pier M commission ex ires / /� �� / s, • Y P t(j/ [SEAL] Notary Public APPROVED this 13th day of M , 20 1 • PU : • : unicipa Co • : tion Council CA — 4/6/10 i f ,, s t, ,, � ,t 5 N Elizabeth St E 1st St W1stSt r r t Y , '' ri � A a• � . r ay c n ' �`� E. HB; „e rrM1� iYaAa "" O , tri a Pke Sr I L L Wild Wild West Fest 2013 N ., y ea Monday, May 13 at 7 am thru Monday, May 20 at 5 pm Wednesday, May 15 at 7 am thru Monday May 20 at 5 pm r, .:- - Thursday, May 16 at 7 am thru Monday, May 20 at 5 pm nti Friday, May 17 at 6 am thru Monday, May 20 at 7 am 1 E lTRTM V LO C ER, 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber.org April 22, 2013 Sam Azad City Manager City of Pueblo Pueblo, CO 81003 Dear Mr zad: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the annual Wild Wild West Festival. The Festival will begin on Friday, May 17, 2013 and conclude on Sunday, May 19, 2013. Our set up will begin on Monday, May 13, 2013 and be completed and cleaned up on Monday, May 20, 2013. The following are the proposed street closures for the festival. • Grand from 1 Street to Union Ave. 7:00 AM Monday, May 13, 2013 to 5:00 PM Monday, May 20, 2013. Purpose: To set up carnival rides. o D Street from Victoria to Union Ave. 7:00 AM Wednesday, May 15, 2013 to 5:00 PM Monday, May 20, 2013. Purpose: To set up an entertainment tent. • El Pueblo History Museum parking lot from Grand to Union 7:00 AM Wednesday, May 15, 2013 to 5:00 PM Monday, May 20, 2013. Purpose: To set up carnival rides. o C Street from Victoria to Union Ave. 7:00 AM Thursday, May 16, 2013 to 5:00 PM Monday, May 20, 2013. Purpose: To set up an entertainment tent. • Union Ave. from 1 Street to B Street and C Street, D Street and Grand from Union to South Main and the City Parking lot from Union to South Main in front of Angelo's and the Eco Walk building From 6:00 AM Friday, May 17, 2013 to 7:00 AM Monday, May 20, 2013. Purpose: for vendor set up and the Festival. o The City Parking Lot along Victoria and Greenwood (PBR) from Friday, May 17, 2013 to Sunday, May 19, 2013 for a Handicap Parking only and a shuttle drop of and pick up. We will have security at the entrance verifying Handicap permits. In addition to these closures we will be closing the Urban Renewal and SRDA parking lots at, the Pueblo Convention Center overflow parking lot between Union Ave. and Central Main from Tuesday, May 14, 2013 to Monday, May 20, 2013 to set up an entertainment tent. Also we will close half of the parking lot where the Health Department was located as well as the SRDA lot along Grand from Monday, May 13, 2013 until Monday, May 20, 2013 to set up carnival rides. We will work with SRDA and the Memorial Hall Contractors to issue permits for the remainder of the lot and we will have a parking lot attendant on duty from 7:00 AM until 4:00 PM from Monday May 13, 2013 to Friday May 17, 2013. Serving Pueblo County since 1912 ( GREATER" LLO CHAMBER. w m ean B 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 543 -4851 fax • www.pueblochamber.org We will protect the landscaping in the island areas on Union Ave. with Caution Tape and Barricades. We will not allow any vendors to use tent stakes and all waste will be collect and disposed of by the Chamber and our volunteers. Thank you for your consideration of this request. Sincerely, Rod Slyhoff President and CEO Serving Pueblo County since 1912 Client#: 169884 PUEBCHAMI ACOR ®TM CERTIFICATE OF LIABILITY INSURANCE ATE (MMIDDIYYYY) NCE 3/06/2013 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 Susan Huertas NAME: HUB International Ins Svcs Inc PHONE 719 - 546 - 6831 FAX 866- 908 -2103 (A/C, No, Ext): (AIC, No): 1414 W 4th St ADDRESS: susan.huertas@hubinternational.com P.O. Box 58 INSURER(S) AFFORDING COVERAGE NAIC # Pueblo, CO 81002 INSURERA: Tokio Marine Specialty lnsuranc 23850 INSURED INSURER B : The Pueblo Chamber of Commerce INSURER C : and Greater Pueblo Chamber Foundation INSURER D : 302 N Santa Fe Avenue INSURER E : Pueblo, CO 81003 -4102 INSURER F CA Resident 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. T TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/ (MM /DDYIYYYY) LIMITS A GENERAL LIABILITY PHPK962548 12/25/2012 12/25/20131 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES (EaExcurr °nce) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $0 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 POLICY PE� LOC $ A AUTOMOBILE LIABILI 9Y PHPK962548 12/25/2012 12/25/2013 (Ea a BcideDtj INGLE LIMIT A1,000r000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY X HIRED AUTOS X AUTOAWNED (Per accident) DAMAGE $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS - MADE AGGREGATE DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N TORY LIMITS FR ANY PROPRIETOR/PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 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) RE: Wild West CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1 City Hall Place ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 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 #S2142426/M2142213 JHO2