HomeMy WebLinkAbout12680RESOLUTION NO. 12680
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE SOUTHERN COLORADO
SOAP BOX DERBY, INC., FOR THE USE OF JOPLIN
AVENUE FROM 4TH STREET TO BEECH STREET TO
CONDUCT THE 2013 REGIONAL SOAP BOX DERBY
RACE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Southern Colorado
th
Soap Box Derby, Inc., for the use of Joplin Avenue from 4 Street to Beech Street for
the purpose of conducting a soap box derby race. The period of the Revocable Permit
will be June 8, 15, and 22, 2013 from 6:00 a.m. to 7:00 p.m.
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 28, 2013
BY: Sandy Daff
Background Paper for Proposed
RESOLUTION
DATE: MAY 28, 2013AGENDA ITEM # M-4
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
THE SOUTHERN COLORADO SOAP BOX DERBY, INC., FOR THE USE OF JOPLIN
AVENUE FROM 4TH STREET TO BEECH STREET TO CONDUCT THE 2013
REGIONAL SOAP BOX DERBY RACE
ISSUE
Should City Council issue a Revocable Permit to the Southern Colorado Soap Box
Derby, Inc., for the use of Joplin Avenue from 4th Street to Beech Street for the purpose
of conducting a soap box derby race?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The Southern Colorado Soap Box Derby, Inc., has requested the closure of Joplin
Avenue from 4th Street to Catalpa Street on June 8, 15, and 22, 2013, from 6:00 a.m. to
7:00 p.m., to conduct a regional soap box derby 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: Southern Colorado Soap Box Derby, Inc., P.O. Box
8876 Pueblo, CO 81005 (719) 924 -2990
2. Permitted Area: Joplin Avenue between 4 Street and Beech Street
3. Purpose of Revocable Permit: Soap Box Derby, Inc
4. Authorized Improvements:
5. Commencement Date: June 08 2013 Time: 6:00 a.m. to 7:00 p.m.
6. Ending Date: June 15. 2013 Time: 6:00 a.m. to 7:00 p.m.
June 22, 2013 (rainday) Time: 6:00 a.m. to 7:00 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
(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. 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:
(1) 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: (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 (1) 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 I(0441 day of M( , 20 1 3 .
PERMITT_EE:
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Notary Publ
APPROVED this 28th day of Ma , 2013 •
PUEB • : unicip. 1 orporat•.
BY Asa. - , -
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CA - 7/22/03
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SOUTHERN COLORADO SOAP BOX DERBY, INC.
05 -06 -13
Pueblo City Council
1 City Hall Place
Pueblo, Colorado 81003
Attn: Revocable Permit Review Committee
RE: Letter of Intent to close off City streets and race the Soap Box Derby on Joplin Ave.
To whom it may concern:
The Southern Colorado Soap Box Derby, Inc. is applying for a "revocable permit” to
have the Regional race down Joplin Avenue just south of 4t St. The race day is June
15 2013 with the trial date of June 8 and rain date of June 22" Therefore this permit
should apply for all three days. The time of closures will be from 6:00 am until 7:00 p.m.
on June 8t and June 15t and if needed June 22'. We have also applied for a permit with
CDOT due to the fact that Joplin St. is State Highway 227.
It is our intention to barricade Joplin Ave. at 4 St., and to direct traffic south on Iola
Ave. and Kingston Ave. Barricades will also be installed on Joplin Ave. at Catalpa Ave.
and north bound traffic will be detoured up Kingston Ave. To prevent traffic between
Iola Ave. and Kingston Ave., barricades will be installed on East 3rd Street, East 2°
Street, East 1' Street, East River Street, East Ash Street and East Beech Street.
Included with this letter is the Revocable Permit application, a plat of the proposed race
track and the adjoining streets and a copy of our Certificate of Liability Insurance, a copy
of the application that was submitted to CDOT, the application fee, and the application
deposit.
If you should have any questions about this application, or our Soap Box Derby Race,
please call Tawnya Stringer at (719)924 -2990 or Lysa Willis (71 9)251 -6765.
Sincerely,
Tawnya Stinger, President,
Southern Colorado Soap Box Derby
A EI CERTIFICATE OF LIABILITY INSURANCE I DATE(MIDON""'
o1n 612013
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 POUCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED, the policy(les) 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:
200 PUBLIC SQUARE, SUITE 1000 ( N o. Ext) i FAX Not
CLEVELAND, OH 44114 -1824 E-MAIL
Attn: develand.certrequest@marsh.com
INSURERS) AFFORDING COVERAGE NAIC B
782373- ALL - GLXS -12 -13 S A , Granite State Insurance Co 23809
INSURED INSURER B : National Union FUe Ms Co Pittsburgh PA 19445
International Soap Box Derby, Inc.
P.O. Box 7225 INSURER C :
Akron, OH 44306 -7225
INSURER D
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: CLE 003784340 - 17 REVISION NUMBER: 16
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE INNRR wvn POUCY NUMBER IM IMMIPDWYYY) LIMurs
A GENERAL UABIUTY 02 - - 027561938 - 1/000 11/18/2012 11/18/2013 EACHGCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY occurrence)
TO RENTED 1,000,000
( PREMISES (Ea eence) $
CLAIMS-MADE i X OCCUR MED EXP (My one person) $ N/A
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE UMrT APPUES PER PRODUCTS - COMP/OP AGG $ 3,000,000
POLICY n T n LOC $
AUTOMOBILE UABILny COOMBINE LIMIT $
(Ea accid
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED SCHEDULED BODILY INJURY (Per accident) $
AUTOS AUTOS _
HIRED AUTOS _
NON-OWNED (Per a�ent)
B UMBRELLA uAB X OCCUR 29 - UD - 012856625 - 1/000 11118/2012 11/1 8/2013 EACH OCCURRENCE $ 2,000,000
X EXCESS UAB CLAIMS - MADE AGGREGATE $ 2,000,000
DED I I RETENTION $ $
WORKERS COMPENSATION I TORY LIMITS ri I I N-
AND EMPLOYERS' LIABILITY ER
ANY PROPRIETORIPARTNER/EXECUTNE YIN E.L EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? n N/A
y ( I Man In E.L DISEASE - EA EMPLOYEE $
DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedds, If mere space Is required) -
Certificate Holder(s) named below shall be an addhlhonal insured as pertains to the Licensee, sponsorship or running of your All American Soap Box Derby Event to be run on the following date(s):TRIAL RUN DATE
(S): 6/8/2013 RALLY/RACE DATE(S): 6/15/2013 RAIN DATE(S): 6/22/2013.
City of Pueblo and the Colorado Department of Transportation
CERTIFICATE HOLDER CANCELLATION
Southern Colorado Soap Box Derby, Inc. SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
PO Box 8876 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Pueblo, CO 81006 ACCORDANCE WITH THE POUCY PROVISIONS.
AUTHORIZED REPRESENTATIVE
of Marsh USA Inc.
Marie Burge
1988 -2010 ACORD CORPORATION. All Tights reserved.
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