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HomeMy WebLinkAbout12936RESOLUTION NO. 12936 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE RIVERWALK RESTAURANT & LOUNGE, LLC, FOR THE USE OF RIGHT-OF-WAY AT 219 TH SOUTH GRAND AVENUE TO PARTICIPATE IN THE 6 ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Riverwalk Restaurant & Lounge, LLC, for the use of the right-of-way at 219 South Grand Avenue from 5:00 p.m. on Friday, May 16, 2014 until 6:00 p.m. on May 18, 2014. 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 28, 2014 BY: Ed Brown COUNCIL PERSON City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: APRIL 28, 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 RIVERWALK RESTAURANT & LOUNGE, LLC, FOR THE USE OF RIGHT-OF-WAY AT 219 SOUTH GRAND AVENUE TO PARTICIPATE IN THE TH 6 ANNUAL WILD WILD WEST FEST SUMMARY: Attached is an application for a revocable permit submitted by the Riverwalk Restaurant and Lounge, LLC for the 2014 Wild Wild West Fest. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to participate in the annual Wild Wild West Fest. BACKGROUND: The Riverwalk Restaurant & Lounge, LLC has requested the use of the right-of-way at 219 South Grand Avenue from May 16, 2013, at 5:00 p.m. until May 18, 2013, at 6:00 p.m. to th participate in the 6 Annual Wild Wild West Fest. Although the Pueblo Chamber of Commerce is applying for a Revocable Permit for this event, the State Liquor Law is requiring the Riverwalk Senate Restaurant & Lounge, LLC, to modify its licensed premises in order to sell alcohol outside the premises of their establishment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will most likely cancel participation in the event. RECOMMENDATION: Approval of this Resolution. PROPOSED MOTION: This Resolution will be placed on the April 28, 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: Riverwalk Restaurant & Lounge, LLC, 219 S. Grand, Pueblo, CO 81003 (719)544 -4511 2. Permitted Area: Right of Way at 219 S. Grand Avenue 3. Purpose of Revocable Permit: Wild, Wild West Fest 4. Authorized Improvements: 5. Commencement Date: May 16, 2014 Time: 5:00 p.m. 6. Ending Date: May 18, 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 - 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 m 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. Col Signed in Pueblo, Colorado this 3 n day of �9 t , 20 14 . PERMITTEE: Organization: R t. V C d` ki Zl I t. " ) IJ 1 vvl 11 L 00►v ?r BY: 7(1J--V �✓lt Title: + krdfrAl STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrument was acknowledged before me the —1 i day of r t. I , 20 (4 by Ya ts�L bC . �` 1 o h `� as '`' `-0., tNDA KIMBALL My coniMI ileiYd %iBk.9C � STATE OF COLORADO � � 1 I / r NalMY ID 20094005563 r, I I N EXPIRES FES. 23, 2017 _ Notary Public APPROVED this 28th day of April , 20 1 4 PUEBLO, . Municipal Corporatio By 0 11/ /Ai _. .l Cc,A . Press • ent of the City Council SO CA — 4/6/10 K o 4, , - TA ------j n f4, ' e o ›<':-1 'i \ c/:") ,, ________, , „. , ,--,,,,, 5 0 t P 3, 1 • rjf 8 t- e: , .. ,.,� --,c -,<. --.� 7 P te'.; - , , 3 t l i Q ; '� `'� C ., ...ra., ti', L- _ .... , ,, i /4 81—x— — .-- �/ L _ ----- f - i : S\&•S 3 , _____ _ - i :4,,r.e...../ . 1 eeckalce. Vaxl -) c-) ..._ ■ , as- F: ''. t _.�.._ _. ` ♦ sr , x w !;:''i_,,n'I. . ? s, -A "`. = - "arc L et t ' R 1 ,„ 1 -\ . r THE GREATER" BLO CHAMBER, We M ean B us i ness 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719) 542 -1704 • (719) 542 -1624 fax • www.pueblochamber.org March 26, 2014 To Whom It May Concern: The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo to conduct the Annual Wild Wild West Festival May 16, 17,18, 2014. The permit allows the Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1st Street to B Street and Grand Avenue from 1s Street to South Main The Greater Pueblo Chamber of Commerce agrees to provide The Riverwalk Restaurant and Lounge the use of the sidewalk and 10 feet of the street in front of 219 Grand Avenue on May 16, 17, 18, 2014 during the Wild Wild West Festival. We understand that the management of the Riverwalk Restaurant and Lounge is applying to extend their liquor license into the above stated area to serve food and liquor. The Riverwalk Restaurant and Lounge is to provide secure fencing with a single point of entrance to this area from Grand Avenue. They will provide security during business hours to ensure that no liquor will be allowed outside of the fenced area and no liquor will be allowed into the stated area. The cost of the fencing and the security for this area is the responsibility of the Riverwalk Restaurant and Lounge. Sincerely, Rod Slyhoff President and CEO Serving Pueblo County since 1912 ® C CERTIFICATE 9 OF LIABILITY INSURANCE YYY) AccoRD 4/3/2014 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(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 Robin En ram NAME: Engram INSURANCE AGENCY, LLC. PHONE Ezn: (719)544-1111 aC, Nm: (719) 545 -5120 1515 Fortino Blvd. 2nd Floor E -MAIL ren ram @centennial- ins.com ADDRESS: g INSURER(S) AFFORDING COVERAGE NAIC # Pueblo CO 81008 INSURER A :Ohio Security Ins. Co. 24082 INSURED INSURER B :Pinnacol Assurance 41190 Riverwalk Restaurant& Lounge Llc INSURERC: 219 S Grand Ave INSURER D : INSURER E : Pueblo CO 81003 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR, WVD POLICY NUMBER (MM /DD/YYYY) (MM /DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PR ( RENTED PREE E SES (Ea occurrence) $ 300, 000 A CLAIMS -MADE X OCCUR X BKS55823852 12/1/2013 12/1/2014 MED EXP (Any one person) _ $ 15,000 _ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP A AGG_ $ 2,000,000 I POLICY n ,P ( n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) $ — — ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS _ AUTOS _ _ HIRED AUTOS NON -OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ • UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ $ _ EXCESS LIAB CLAIMS -MADE AGGREGATE $ _ DED I RETENTION $ $ B WORKERS COMPENSATION I TORY LIMITS I 10TH- AND EMPLOYERS' LIABILITY Y / N 5/1/2013 5/1/2014 ANY PROPRIETOR/PARTNER /EXECUTIVE N / A E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? 4 164056 5/1/2014 5/1/2015 (Mandatory in NH► E.L. DISEASE - EA EMPLOYEE $ 14 000, 000 ' If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE - POLICY LIMIT $ 1, 000 ,'000 A Liquor Liability BKS55823852 12/1/2013 12/1/2014 $1,000,000 Each $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: Wild West Fest - May 16, 17, 18 - 2014 City of Pueblo is listed as additional per the General Liability per policy form CG 8810 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pueblo 211 East D Street Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE j Melinda Grant /MEL 1 ' U GI 1 Jt 1 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. INS025 (20100501 The ACORD name and Togo are registered marks of ACORD