Loading...
HomeMy WebLinkAbout12790RESOLUTION NO. 12790 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CHURCH OF ASCENSION & HOLY TRINITY – THE PRESCHOOL AT ASCENSION, FOR THE TH USE OF 18 STREET BETWEEN GRAND AVENUE AND GREENWOOD AVENUE TO CONDUCT A SCHOOL AND CHURCH EVENT ON SEPTEMBER 28, 2013, FROM 12:00 P.M. TO 9:00 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 Church of Ascension & th Holy Trinity – The Preschool of Ascension, for the use of 18 Street between Grand Avenue and Greenwood Avenue for the purpose of conducting a school and church event. The period of the Revocable Permit will be from 12:00 p.m. to 9:00 p.m. on September 28, 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. 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 23, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: SEPTEMBER 23, 2013 AGENDA ITEM # M-9 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE CHURCH OF ASCENSION & HOLY TRINITY – THE PRESCHOOL AT ASCENSION, FOR TH THE USE OF 18 STREET BETWEEN GRAND AVENUE AND GREENWOOD AVENUE TO CONDUCT A SCHOOL AND CHURCH EVENT ON SEPTEMBER 28, 2013, FROM 12:00 P.M. TO 9:00 P.M. ISSUE Should City Council issue a Revocable Permit to the Church of Ascension & Holy Trinity - The th Preschool at Ascension, for the use of 18 Street between Grand Avenue and Greenwood Avenue for the purpose of conducting a school and church event? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Church of Ascension & Holy Trinity – The Preschool at Ascension, is requesting a Revocable Permit to use public roadways around the church to conduct a school and church event. The period of the Revocable Permit will be from 12:00 p.m. to 9:00 p.m., on September 28, 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: Church of Ascension & Holy Trinity — The Preschool at Ascension, 420 W 18t Street, Pueblo, CO 81003 (719) 543 -4253 2. Permitted Area: 18` Street from Grand Avenue to Greenwood Avenue 3. Purpose of Revocable Permit: School and Church Event 4. Authorized Improvements: 5. Commencement Date: September 28 2013 Time: 12:00 p.m. 6. Ending Date: September 28 2013 Time: 9:00 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 L• day of 5Ppleill her , 20 )3 . PERMITI'EE: J Organization: !-0J J2,s /?y') 1kl y Tri ' itt ;L;j By: C h ris 4r 1--L //JJ otrrA , Title: I ��� 0 - ) r= /- r /' STA F l OU ¢Q R�1�DO) Ct3'Guct OF'PTJ1p,L,O ) ss.. Thna i r iruent was acknowledged before me the ( day of t , 20 X.g by as My o i ssion e i 8 s Z fL [SEAL] Notary Public APPROVED this (2 4 {9k day of i-eXYN y , 20 . PUE: nicipal Co .tion By President of the City Council CA — 4/6/10 The Church of Ascension & Holy Trinity Ascension Preschool & Kindergarten 420 West 18th Street Pueblo, CO 81003 * Phone: 719 -543 -4253 * Fax 719 - 546 -1024 Email: apreschoo106 @yahoo.com * Web: www.ascensionpueblol.org /ascension September 3rd, 2013 To whom it may Concern: We are requesting to close off 18th Street between Grand and Greenwood for a School /Church Event that we will be held on the 28th day of September 2013 from the hours of 12:OOpm until 9:00pm. We are planning for approximately 300 people in attendance and for the safety of the number of young children involved; we think it would be best to have the street closed for this one day event. This will NOT include the SALE of food or alcoholic beverages If I can be of further assistance, please do not hesitate to contact me. Respectfully submitted, Christine Steele, Preschool Director & Event Coordinator 420 W. 18th St. Pueblo, CO 81003 719.404.0726 O P ' Ci HP • THE CHURCH INSURANCE COMPANY P I et O. Box 5000 i llUP Of VERMONT Bennington, Vermont 05201 DIOCESAN PROGRAM CERTIFICATE C ai 800.223.5705 Certificate Number: VPP0007768 Master Policy Number: VPP0007821 Diocese Number: 051 Participant: Church Of The Ascension Diocese of: The Episc Church Center of Colorado Mailing Address: 420 W 18th St Agency: CM of Vermont Region: 07 Pueblo, CO 81003 -2625 Service: 1-800-293-3525 Certificate Period: From 08/01/2012 To 08/01/2013 In return for the payment of the premium and subject to all terms and conditions, we agree with you to provide the insurance as stated in your Diocesan policy. Description: Limit: Blanket Buildings and Contents $214,493,500 Flood Included Foreign and Domestic Terrorism Included Water Backup and Overflow $100,000 Equipment Breakdown $25,000,000 Fine Arts $1,000,000 Ordinance or Law $500,000 Commercial Liability per Occurrence $1 ,000,000 Aggregate $5,000,000 Pastoral Counseling Included Hired and Non -Owned Auto Included Products /Completed Work Liability Included Personal Injury/Advertising Injury $1,000,000 Employee Benefits Liability $1,000,000 Fire Legal Liability $1,000,000 Medical Payments $25,000 Sexual Misconduct Liability per Occurrence $1,000,000 Aggregate $2,000,000 Directors' and Officers' Liability $1,000,000 Educator's E &O Included Employment Practices Liability $1,000,000 Accident Medical Expense per Occurrence $15,000 Aggregate $60,000 (Limits continued on next page) (See Specific Coverage sections for complete descriptions of coverage, definitions, retentions, deductible, schedules, exclusions and limits.) VP 0001 10 03 Field Offir.P Cnnv U THE CHURCH INSURANCE COMPANY z iu aoutn street P.O. Box 5000 Of VERMONT Bennington, Vermont 05201 Seic: 800.293.3525 DIOCESAN PROGRAM CERTIFICATE Claims. 00.2 3.5 05 Certificate Number: VPP0007768 Master Policy Number: VPP0007821 Diocese Number: 051 Participant: Church Of The Ascension Diocese of: The Episc Church Center of Colorado Mailing Address: Agency: CIC of Vermont 420 W 18th St Region: 07 Pueblo, CO 81003 -2625 Service: 1-800-293-3525 Certificate Period: From 08/01/2012 To 08/01/2013 Description: Limit: Crime Insuring Clauses Employee Theft Coverage $50,000 Premises Coverage $25,000 In Transit Coverage $25,000 Forgery Coverage $50,000 Computer Fraud Coverage $50,000 Funds Transfer Fraud Coverage $50,000 Money Orders and Counterfeit Currency Fraud Coverage $25,000 Credit Card Fraud Coverage $25,000 Client Coverage N/A Expense Coverage N/A (Retention of 1% of the applicable Limit applies to all Crime Coverage) Commercial Umbrella per Occurrence $4,000,000 Aggregate $4,000,000 Sexual Misconduct per Occurrence $1,000,000 Aggregate $1,000,000 Retained Limit (applies only to Coverage U) $10,000 Underlying Insurance for Umbrella Commercial Liability Church Insurance Company Auto Liability Liberty Mutual Insurance Employers Liability Limits Liberty Mutual Insurance Directors and Officers Liability Church Insurance Company (See Specific Coverage sections for complete descriptions of coverage, definitions, retentions, deductible, schedules, exclusions and limits.) VP 0001 10 03 Pi 1,1 ",„, •. - _ ._ . .