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HomeMy WebLinkAbout12930RESOLUTION NO. 12930 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ROSEMOUNT MUSEUM FOR TH THE USE OF THE 400 BLOCK OF WEST 14 STREET AND TH WEST 15 STREET TO CONDUCT THE 2014 ROSEMOUNT AUXILIARY STOMP-ON BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Rosemount Museum th th for the use of the 400 Block of West 14Street and West 15 Street, on August 15, 2014 at 5:00 p.m. until August 16, 2013 at 1:00 a.m., for the purpose of conducting the 2014 Rosemount Auxiliary Stomp-On. 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: _ April 14, 2014 BY: Ami Nawrocki COUNCILPERSON City Clerk’s Office Item # M-9 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: APRIL 14, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ROSEMOUNT MUSEUM FOR THE USE OF THE 400 BLOCK OF THTH WEST 14 STREET AND WEST 15 STREET TO CONDUCT THE 2014 ROSEMOUNT AUXILIARY STOMP-ON SUMMARY: Attached is an application for a revocable permit submitted by the Rosemount Museum Auxiliary for their Annual Stomp-On. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to conduct the annual Stomp-On event. BACKGROUND: th The Rosemount Museum has requested the use of the 400 Block of West 14Street and West th 15 Street from 5:00 p.m. on August 15, 2014, until 1:00 a.m. on August 16, 2014, to conduct the 2014 Stomp-On. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will most likely cancel the event. RECOMMENDATION: Approval of this Resolution. PROPOSED MOTION: th This Resolution will be placed on the April 14, 2014 Consent Agenda. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map 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: Rosemount Museum, 419 West 14 Street, Pueblo, Colorado 81003 (719) 545 -5290 2. Permitted Area: 400 block of West 14 Street and West 15"' Street 3. Purpose of Revocable Permit: 2013 Stomp -On 4. Authorized Improvements: 5. Commencement Date: August 15. 2014 Time: 5:00 p.m. 6. Ending Date: August 6 2014 Time: 1:00 a.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. (0 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: (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 (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 t'c , 20 111 . PERMITTEE: Organization: gv't�;tvto,, By: De- Ac, o ._ v 7��„�U� _, f G e Title: r STATE OF COLORADO } COUNTY OF PUEBLO ) ss The foregoing .J regoing instrument was acknowledged before me the (3`- I1 \ day of arch, 1 01 0� , 20 I t--1 by �)00f 6 as ►fto o� 1 CG�o(IOuIt± UV14)Y ' ommission expires: q 10 ti) I 4 \ � 5, e \� ` C ` P;G 4 RY ' '•. ,1 � + � '' ( �No a Pubic t� C • • S APPROVE %thi + 14th day of April , 20 14 • 1 e G :C) PUE: O, . unicipal Corporatio t Vi u OF CO" By �` / .L L t of the City Council 49 CA — 4/6/10 lc." o P /S 1 eft rc N. , IN .• Gre.encJaoc . . (... - --- .5-4/0 o L .5-4/0 FEM E_-- -� I - - 1 \ 0 - ......__ FkaoR - __ ±__________ y / ; • r L V , ( t � `ban c f t— in S' k M US EU M i z -7-1 N NO ONE D N E -{ o \ . INSIDE Band r 1 J i / .....i ., --I 0 . t- • m --{ cil T L Irlri F y / 1S ,....— . - — i________ / GATE C; \D AVENUE, $i •'S � o r R r ; r a 1 February 27, 20 r 14 r A . Ci ty of - P ue b lo 1 To 1N �t May Concern r _.. �K 1 The 201``4 S tomp On Rosemoun Au x i l ia ry 5 is turning in this , application to c the 400 Bfock of West 14th °& 15th Streets ' betwe 00 p m on Friday Augu 1 5, 20 "14 and 1 00 a m r r on =Saturday Au ust' 16 2 for th An nual Stom On • t, g a. It is:our intent to u the area to receive delivery of supplies an t o furnis park f th volunteer workers with an "extra conc for the safety of t wom w late. . . -Thank you in advance for yo u r 'h e lping rnako this a great } success _ . 0 rf / . ackie ®ot tini 20164 Stomp On Chair ,!; r '` F : 419 West 14th S treet Pue Colorad 8 2707 (719) 54 5 290 Fax (7 19) ° 5291 AC® ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) ‘,...../- 2/27/2014 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 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 Carlie Genova NAME: CENTENNIAL INSURANCE AGENCY, LLC. PHONE (719)544 -1111 FAX (719)545 -5120 IA/C Nn Fah (Am. NP): 1515 Fortino Blvd. 2nd Floor EMAIL g c enova @centennial - ins.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Pueblo CO 81008 INSURERA:United Fire & Casualty 13021 INSURED INSURER B : ROSEMOUNT MUSEUM INSURER C : 419 W 14TH ST INSURER D : INSURER E : PUEBLO CO 81003 -2707 INSURERF: COVERAGES CERTIFICATE NUMBER:13 - 14 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. INSR ADM SUBR POLICY EFF . POLICY EXP T YPE OF INSURANCE LTR Iraqi/ wirt POLICY NUMBER IMMIDD/YYYYI IMM /DDIYYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) _ $ 100,000 A CLAIMS- MADE X OCCUR X 60368573 12/5/2013 12/5/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY PRO- ri LOC COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY (Ea accident) _$ ^ ANY AUTO BODILY INJURY (Per person) $ - _ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ _ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS' LIABILITY Y I N T()RY I IMITS FR ANY PROPRIETOR /PARTNER /EXECUTIVE I N 1 A E.L. EACH ACCIDENT $ OFFICER /MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) 2014 Stomp -On fund raising event, August 15, 2014. Certificate holder is listed as additional insured in regards to general liability per policy forms and conditions. 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 ACCORDANCE WITH THE POLICY PROVISIONS. The City of Pueblo 200 S Main Street Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE Carlie Genova /CARLIE ez-- ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. INS025 nn+nn m The, A(:ARr1 name and Innn arc runic +nrort marlc of A(:ARIl