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Home My WebLink About12776RESOLUTION NO. 12776 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON-PROFIT CORPORATION, FOR THE USE OF SPAULDING AVENUE AND ST 31 STREET TO HOST THE 2013 CORPORATE CUP 5K RUN/WALK AND THE MILE RUN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Young Men’s Christian st Association of Pueblo for the use of Spaulding Avenue and 31 Street on September 14, 2013, from 6:45 a.m. until 8:45 a.m. and September 19, 2013 from 5:00 p.m. until 7:00 p.m. to host the 2013 Corporate Cup 5K Run/Walk and Mile Run. 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: September 9, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 9, 2013 AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON-PROFIT ST CORPORATION, FOR THE USE OF SPAULDING AVENUE AND 31 STREET TO HOST THE 2013 CORPORATE CUP 5K RUN/WALK AND THE MILE RUN ISSUE Should City Council issue a Revocable Permit to the Young Men's Christian Association of Pueblo, a Colorado non-profit corporation, for the use of the public right-of-way located at st Spaulding Avenue and 31 Street to host the 2013 Corporate Cup 5K Run/Walk and the Mile Run? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Young Men’s Christian Association of Pueblo, a Colorado non-profit corporation, has st requested the closure of Spaulding Avenue and 31 Street on September 14, 2013, from 6:45 a.m. until 8:45 a.m. to host the 2013 Corporate Cup 5K Run/Walk, also on September 19, 2013, from 5:00 p.m. until 7:00 p.m. to host the Corporate Cup Mile Run. 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: The Young Men's Christian Association of Pueblo, 3200 Spaulding Avenue, Pueblo, CO 81008, (719) 543 -5151 2. Permitted Area: Spaulding Avenue and 31 Street 3. Purpose of Revocable Permit: Corporate Cup 2013 — 5K Walk/Run and Mile Run 4. Authorized Improvements: 5. Commencement Date: September 14. 2013 Time: 6:45 a.m. September 19. 2013 5:00 p.m. 6. Ending Date: September 14, 2013 Time: 8:45 a.m. 7. September 19, 2013 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 — 4/6/10 t 1 (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 3 u) day of , 20 13 • PERMITTEE: Organization: YMd4 .f I D f o By: At•dri 4 Pub Title: cr.( Pan i214-t —YAAcA .f STATE OF COLORADO ) COUNTY OF PUEBLO ) ss .. ` 1 , The foregoing instrument was acknowledged before me the L day of , 20 13 by \ I w r �{ as 1 1 W ic1i • `� My co fff b5cj 1- f 1C .9‘3) )- STATE OF COLORADO Ofbfla rL�� J � ' [ S E KQ.T�RY I D 20094005563 COMMISSION EXPIRES FEB. 23, 2017 Notary Public APPROVED this 9th day of September , 20 13 • PU 0, a .. unicipal Corp; ion By Presiden Presiden • - ity Council CA — 4/6110 E 0 u C I 7 I O ,4l, 3 r—'.... „ e. ,,, I,I, .=. I iI ' .,, I. z y U 1 I 11 1 a 0 o 1 1 It U _ . I' I Z O Q p 1-- 1 } 1% 1. V! A ` a tg tg i . } 111 1'; mo d m - �c U I I i ¢ Q ? -. m O U g N I i a I V J ... Q '' a CO Q v CNI CI _ _ - k+ 1..L1 1 I, �' 1- i LLJ _ , w Z m p m g o o cn CD CI LL.1 U > Q I II O 1 w 0 0 ,: o z 0 o op Cr) tt El cc 0 l :fi 1., LL. K o O c.; /I _. h u_ m U w u-, / /1 Q rn / o .,.. y . a q f y s ., �^ . _ , a, ,� ,� �,ee . t ti � , r r ,:i's: g -, A ' : p tr I; ! tliAtti ............ .... vo r O 5b op VONA \\*N 3AV ONI41f1NdS CD 0 rw FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING the FOR SOCIAL RESPONSIBILITY July 12' 2013 Pueblo City Council 1 City Hall Pueblo, CO. 81003 Dear City Council Members, The 29' Annual Pueblo YMCA Corporate Cup is just around the corner. Last year the Corporate Cup impacted over 22 companies and over 3,000 participants by promoting healthy lifestyles in our community. This year we are excited about the potential of reaching more people than ever as we continue promoting a commitment to health, fitness and wellness activities through our annual event. The first event is the 5K Run /Walk which will take place on September l4` 2013. It starts and ends at the YMCA Community Campus, 3200 Spalding Ave. The event begins at 7:45 a.m. The second event is The Mile Run which will take place on September 19 2013. It starts and ends at the YMCA Community Campus, 3200 Spalding Ave. The event begins at 6:00 p.m. We are requesting a revocable permit for these events which would enable us to close one lane of Spaulding Ave from 6:45 a.m. to 8:45 a.m. on September 14` and from 5:00 p.m. to 7:00 p.m. on September 19` We do not anticipate this causing any inconvenience as we have done it in years past with no issues. Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Sincerely, Qz . Victoria Esquibel Health and Wellness Director YMCA of Pueblo 719.543.5151 Ext. 321 vesquibel @puebloymca.org YMCA OF PUEBLO 3200 E. Spaulding Avenue, Pueblo CO 81008 -2279 P 719 543 5151 F 719 544 3780 www.puebloymca.org Client#: 158602 YMCAPUEB ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 DATE (M ") 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 certificate holder Is an ADDITIONAL. INSURED, the poiicy(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 NAME: Teri Borgstedt .n HUB International Ins Svcs Inc PHONE 719- 546.6837 FAX 86 1414 W 4th St i A No, E N): � , Noi 8669082103 P.O. Box 58 ADDRESS: teri. borgstedtc@hubinternational.com PRODUCER Pueblo, CO 81002 CUSTOMER ID INSURER(S) AFFORDING COVERAGE NAIG a _ INSURED INSURER AI Philadelphia Insurance Company 23850 The Young Men's Christian Association of INSURER e: Pinnacol Assurance Company 41190 Pueblo aka YMCA of Pueblo INSURER C 3200 Spaulding INSURER Pueblo, CO 81008 INSURER E INSURER F : 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. 1N3R ADDL SUBW POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IVVD POLICY NUMBER IMM(DD /YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY PHPK662260 12/31/2010 12/31/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY t aC� „ $100 000 CLAIMS -MADE 15 OCCUR MED EXP (An one person) $5 000 PERSONAL & ADV INJURY 81 000 000 GENERAL AGGREGATE $2 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2 000 000 POLICY O CT L O r . $ A AUTOMOBILE LIABILITY PHPK662260 12/31/2010 12/31/2011 COMBINED SINGLE LIMIT X ANY AUTO (Es acddenl) $ 1,000,000 '--' BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per eccklenl) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Peracddenl) $ X NON-OWNED AUTOS $ $ A UMBRELLA LIAR OCCUR PHUB329985 12/31/2010 12/31/2011 EACH OCCURRENCE $3 000 000 EXCESS LJAB CLAIMS -MADE AGGREGATE s3,000 DEDUCTIBLE _ $ X RETENTION $ 10000 $ B WORKERS COMPENSATION 596752 10/01/2010 10/01/2011 X W S TATU- O1H- AND EMPLOYERS' LIABILITY Y I N 1 r --- ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L DISEASE • EA EMPLOYEE s500,000 If yes, describe under DESCRIPTION OF OPERATIONS bellow El. DISEASE • POLICY LIMIT $500,000 A Package - Co PHPK662260 12/31/2010 12/31 /2011 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) YMCA Corporate Cup 9/22/2011 CERTIFICATE HOLDER CANCELLATION City of Pueblo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1 CI Hall Place THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE 01988.2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009!09) 1 of 1 The ACORD name and logo are registered merits of ACORD #S1307042/M1150171 TB01