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HomeMy WebLinkAbout12907 Background Paper for Proposed RESOLUTION DATE: MARCH 10, 2014 AGENDA ITEM # M-3 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE OUTLAWS ROD & CUSTOM CLUB FOR THE USE OF VICTORIA AVENUE FROM C STREET ST TO GREENWOOD STREET, GREENWOOD STREET FROM VICTORIA AVENUE TO 1 STREET/ELIZABETH STREET, AND D STREET FROM UNION AVENUE TO LAMKIN STREET ON MAY 3, 2014, TO HOST A CAR SHOW ISSUE Should City Council issue a Revocable Permit to the Outlaws Rod & Custom Club for the use of the public right-of-way located at Victoria Avenue from C Street to Greenwood Street, st Greenwood Street from Victoria Avenue to 1 Street/Elizabeth Street, and D Street from Union Avenue to Lamkin Street for a car show? RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND The Outlaws Rod & Custom Club has requested the closure of Victoria Avenue from C Street to st Greenwood Street, Greenwood Street from Victoria Avenue to 1 Street/Elizabeth Street, and D Street from Union Avenue to Lamkin Street on May 3, 2014 from 6:00 a.m. to 6:00 p.m. to host a car show. FINANCIAL IMPACT None. RESOLUTION NO. 12907 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE OUTLAWS ROD & CUSTOM CLUB FOR THE USE OF VICTORIA AVENUE FROM C STREET TO GREENWOOD STREET, GREENWOOD STREET FROM ST VICTORIA AVENUE TO 1 STREET/ELIZABETH STREET, AND D STREET FROM UNION AVENUE TO LAMKIN STREET ON MAY 3, 2014, TO HOST A CAR SHOW BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Outlaws Rod & Custom Club for the use of Victoria Avenue from C Street to Greenwood Street, Greenwood Street from st Victoria Avenue to 1 Street/Elizabeth Street, and D Street from Union Avenue to Lamkin Street on May 3, 2014, from 6:00 a.m. to 6:00 p.m. to host a car show. 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 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: Outlaws Rod & Custom Club, P.O. Box 7411, Pueblo West, CO 81007 2. Permitted Area: Victoria Avenue from C Street to Greenwood Street, Greenwood Street from Victoria Avenue to 1 Street/Elizabeth Street, and D Street from Union Avenue to Lamkin Street 3. Purpose of Revocable Permit: Car Show 4. Authorized Improvements: 5. Commencement Date: May 3 2014 Time: 6:00 a.m. 6. Ending Date: May 3 2014 Time: 6:00 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. L. Signed in Pueblo, Colorado this 1 D day of D , 20 (3 • PERMITTEE: I By: � Title: R te STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrument was acknowledged before me the / D day of —� , 20 (3 by • L, ( (' A -sIZ - T G<1oe, as Pk LAS r)C7v r • M • ; - �� IN' NOTARY PUBLIC h • 1 A. k1x I [s E A I g - ATE OF COLORADO Notary Public NOTARY ID 20094005563 COMMISSION EXPIFIWFWB. 23; 2017 APrtzt7vEi rthts lOtli cluref March , 20 14 . PUEBLO, , unicipal Corporation By d / / Si . / i A A President of the City Council CA — 4/6/10 W 3RD ST i cn i i 1— w CO 0 O N W 2ND ST p w r / A R1- W 1ST ST r ` , : 5b p`Iki i�, '1 - ■ fi* Gj taw • ` /'' b{ r f J� ' PP O� O �� /-0--'` o ks„. / .....,,..- e - . . - February 15, 2013 LETTER OF INTENT The Outlaws Rod and Custom Club would like to have a Car Show on Maya, 2019. The show will be 6:00 A.M. to 6:00 P.M. Thank you, The Outlaws Rod and Custom Club 2/24/2014 12:34 PM FROM: Centennial - Insurance 1.2entennial Insurance TO: 7195232294 PAGE: 001 OF 001 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE o a 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 pollcy(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 Christine Mize Nam; CENTENNIAL INSURANCE AGENCY, LLC. (wc Foi: (719) 544 -1111 �J Nok (71.9)545 -5120 1515 Fortino Blvd. 2nd Floor ApoR ,cmize @centennial- ins.00m INSURERS) AFFORDING COVERAGE MAC. Pueblo CO 81008 INSURER A :American States Ins INSURED INSURER B Outlaws Rod & Custom Club, DBA: c/o Ted INSURER C: PO Box 2462 INSURER D INSURER E : Pueblo CO 81004 INSURERF: COVERAGES CERTIFICATE NUMBER:2014 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. I LTR TYPE OF INSURANCE O MR WV POLICY NUMBER IMM /D Y WYY`Y1 IMMN Y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE 70 RENTED PREMISES (Ea occurrence) $ 1,000,000 A CLAIMS -MADE I X I OCCUR 01C12576995 9/15/2013 9/15/2014 MED EXP (Any one person) $ 10, 000 PERSONAL & ADV INJURY $ 1 , 000, 000 GENERAL AGGREGATE $ 2 , 000, 000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 --- X1 POLICY I 1 gri FI LOC $ AUTOMOBILE L aiu,Y COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per occident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ DED 1 1 RETENTION $ $ WORKERS COMPENSATION I WC STATU- 10TH- AND EMPLOYERS' LIABILITY ,. IN 1 TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E EACH ACCIDENT $ OFFICERAIEMBER EXCLUDED? l L. N 1 A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ H yes, de u DESCRIPTION OF OPERATIONS be E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Scheduis, M more apace is required) Car Show event to be held on Hay 3, 2014 at Riverwalk of Pueblo. Below named certificate holder is named as additional insured under GL CERTIFICATE HOLDER CANCELLATION (719) 553 - 2294 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pueblo ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Belinda 211 E. D Street AUTHORIZED REPRESENTATIVE Pueblo, CO 81003 Douglas Helier /CHRIS ACORD 25 (2010/06) ©1988 -2010 ACORD CORPORATION. All rights reserved. 1NS025 (201005).01 The ACORD name and logo are registered marks of ACORD