HomeMy WebLinkAbout12906RESOLUTION NO. 12906
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO FOUNDATION FOR THE USE OF
ALAN HAMEL AVENUE BETWEEN UNION AVENUE AND
SANTA FE AVENUE, MAIN STREET BETWEEN RICHMOND
AVENUE AND D STREET, AND RICHMOND AVENUE
TH
BETWEEN MAIN STREET AND THE ALLEY TO HOST THE 14
ANNUAL BOATS, BANDS AND BAR-B-QUE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the HARP Foundation for
the use of Alan Hamel Avenue between Union Avenue and Santa Fe Avenue, Main Street
between Richmond Avenue and D Street, and Richmond Avenue between Main Street and the
alley from June 4, 2014 at 5:30 p.m. through June 8, 2014 at 1:00 p.m. for the purpose of the
th
14 Annual Boats, Bands, and Bar-B-Que.
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: _ March 10, 2014
BY: Ami Nawrocki
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: MARCH 10, 2014 AGENDA ITEM # M-2
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE
HISTORIC ARKANSAS RIVERWALK OF PUEBLO FOUNDATION FOR THE USE OF ALAN
HAMEL AVENUE BETWEEN UNION AVENUE AND SANTA FE AVENUE, MAIN STREET
BETWEEN RICHMOND AVENUE AND D STREET, AND RICHMOND AVENUE BETWEEN
TH
MAIN STREET AND THE ALLEY TO HOST THE 14 ANNUAL BOATS, BANDS AND BAR-B-
QUE
ISSUE
Should City Council issue a Revocable Permit to the HARP Foundation for the use of the public
right-of-way located at Alan Hamel Avenue between Union Avenue and Santa Fe Avenue, Main
Street between Richmond Avenue and D Street, and Richmond Avenue between Main Street
th
and the alley for the 14 Annual Boats, Bands, and Bar-B-Que?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval.
BACKGROUND
The HARP Foundation has requested the closures of Alan Hamel Avenue between Union
Avenue and Santa Fe Avenue, Main Street between Richmond Avenue and D Street, and
Richmond Avenue between Main Street and the alley from June 4, 2014, at 5:30 p.m. through
th
June 8, 2014, at 1:00 p.m. to conduct the 14 Annual Boats, Bands, and Bar-B-Que.
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: Historic Arkansas Riverwalk of Pueblo Foundation , 200
West First Street, Suite 303, Pueblo, CO 81003, (719)595 -0242
2. Permitted Area: Alan Hamel Avenue between Union Avenue and Santa Fe Avenue, Main Street between D
Street and Richmond Avenue, Richmond Avenue between Main Street and the alley.
3. Purpose of Revocable Permit: 14 Annual Boats, Bands and BBQ
4. Authorized Improvements:
5. Commencement Date: June 4 2014 Time: 5:30 p.m.
6. Ending Date: Juner 8 2014 Time: 1:00 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 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 day of 3 L, c". 4 r. , 20 /1 .
M163 uolsslwwoO IN
Oavaoloo 40 3IYIS Irl' EE:
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Title: P S 1l
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STATE OF COLORADO )
COUNTY OF PUEBLO ) ss..
The foregoing instrument was acknowledged before me the 02 3 day of / , 20 /7' by
LA . t_ b. (7r ! as •
My corm ilEiWeT reSe Y: y
NOTARY 6 -U /
E S E A L IBTATE OF COLORADO �d
No ry Public
My Commission Expires......... /........
APPROVED this 10th day of March , 20 14
PUEBLO, . Municipal Corporation
By EL/ _
Pry ent of the City Council 1'
CA — 4/6/10
I1rs IoI IC ARKANSAS >;,.
E W AI, K : Historic Arkansas Riverwalk of Pueblo
PUBLO
125 Riverwalk Place
Pueblo, Colorado 81003
719 -595 -0242 Fax: (719) 583 -4696
www.puebloriverwalk.org
4
January 21, 2014
To Whom It May Concern:
The HARP Foundation will be hosting its 14 Annual Boats, Bands & Bar -B -Que event on Friday, June 6 and
Saturday, June 7, 2014. This event will feature a nationally- sanctioned, state championship BBQ contest, all -day
concerts, boat rides, retail vendors, a Friday and Saturday night concert by a to- be- determined performing group and
more! Hours on Friday, June 6 are from 5:00 p.m. to 11:00 p.m. and on Saturday, June 8 from 10:00 a.m. to 11:00
p.m. Last year, approximately 35,000 people attended Boats, Bands and Bar -B -Que.
It is necessary to close streets surrounding the festival area because vendors and barbeque competitors will be staged
on Alan Hamel Avenue, Main Street and Richmond Avenue. The street closure will ensure the safety of visitors and
vendors attending the festival. We are asking for Richmond Avenue and Alan Hamel Avenue to be closed from
Wednesday, June 4, 2014 at 5:30 p.m. until Sunday, June 8, 2014 at 11:59 p.m. We are also asking that Main Street be
closed from Wednesday, June 4, 2014 at 5:30 p.m. until Sunday, June 9, 2013 at 11:59 p.m. We would like to prepare
infrastructure on Wednesday and Thursday to be prepared to set up the event and all of our vendors on Friday
morning.
A -1 Barricade and Sign company will close the streets at "Alan Hamel Avenue between Union Avenue and Santa Fe
Avenue, Main Street between "D" Street and Richmond Avenue, Richmond Avenue between Main Street and the
Alley, and the Riverwalk area between." A map showing the requested street closure is attached, along with the $50
fee, $500 deposit and certificate of insurance to allow for the street closure.
Thank ou,
J � �
Christine Pittman
Recreation, Entertainment and Operations Manager
1
ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYY)
12/187203.3
PRODUCER LIC $N /A 1 - 303 757 - 5475 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
CIRSA ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3665 Cherry Creek North Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Denver, CO 80209 INSURERS AFFORDING COVERAGE
INSURED INSURER A: CIRSA
Historic Arkansas Riverwalk of Pueblo Authority
INSURER B:
c/o HUB International Insurance Services
INSURER C,
P.O. Box 58
Pueblo, CO 81002 INSURER D
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INBR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE (MM/DD /YYI DATE IMMIDD /YYI LIMITS
A GENERAL LIABILITY LIAB 01 - 2014 01/01/14 01/01/15 EACH OCCURRENCE $ 5, 000 , 000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ 5,000,000
X CLAIMS MADE OCCUR MED EXP (Any one person) $ 0
X $10m POL E &0 Aggregate PERSONAL &ADV INJURY $ 5,000,000
GENERAL AGGREGATE _$
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 5,000,000
POLICY ,PRO LOC
A AUTOMOBILE LIABILITY LIAB 01 - 2014 01/01/14 01/01/15
COMBINED SINGLE LIMIT $ 5,000,000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
NON -OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY. AGG $
EXCESS LIABILITY EACH OCCURRENCE _ $
7 OCCUR CLAIMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $ $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS' LIABILITY
TORYI IMITS ER
E . EACH ACCIDENT $
E L DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate Holder is Additional Insured on Liability Policies if required by contract.
As respects Boats, Bands and BBQ held annually in June. The HARP Foundation is an insured under
the above coverages.
CERTIFICATE HOLDER Y ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Pueblo DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Belinda Kimball
200 S. Main IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE
USA 2L L• c h�;r.�r /L
ACORD 25 -S (7/97) cwegman O ACORD CORPORATION 1988
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