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HomeMy WebLinkAbout12954 RESOLUTION NO. 12954 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO CHAVEZ-HUERTA K-12 PREPARATORY ACADEMY FOR THE USE OF THE 2700 TH BLOCK OF WEST 18 STREET TO CONDUCT A SCHOOL COMMUNITY EVENT ON MAY 30, 2014 FROM 2:00 P.M. TO 10:00 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 Chavez-Huerta K-12 th Preparatory Academy, for the use of the 2700 block of West 18 Street for the purpose of conducting a school community event. The period of the Revocable Permit will be from 2:00 p.m. to 10:00 p.m. on May 30, 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: May 12, 2014 BY: Chris Kaufman COUNCIL PERSON City Clerk’s Office Item # M-9 Background Paper for Proposed Resolution COUNCIL MEETING DATE: MAY 12, 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 CHAVEZ-HUERTA K-12 PREPARATORY ACADEMY FOR THE USE OF TH THE 2700 BLOCK OF WEST 18 STREET TO CONDUCT A SCHOOL COMMUNITY EVENT ON MAY 30, 2014 FROM 2:00 P.M. TO 10:00 P.M. SUMMARY: Attached is an application for a revocable permit submitted by Chavez-Huerta K-12 Preparatory Academy for the 2014 School Community Event. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to host their annual School Community Event. BACKGROUND: Chavez-Huerta K-12 Preparatory Academy is requesting a Revocable Permit to use public roadways around the school to conduct a school community event. The period of the Revocable Permit will be from 2:00 p.m. to 10:00 p.m., on May 30, 2014. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will modify the area of use and jeopardize safety of the school community event attendants. RECOMMENDATION: Approval of this Resolution. 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: Chavez -Huerta K -12 Preparatory Academy, 2727 West 18 Street, Pueblo, CO 81003, (719) 671 -1512 2. Permitted Area: 2700 block of West 18` Street 3. Purpose of Revocable Permit: School Community Event 4. Authorized Improvements: 5. Commencement Date: May 30 2014 Time: 2:00 p.m. 6. Ending Date: May 30, 2014 Time: 10:00 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. ��1 Signed in Pueblo, Colorado this O " day of f i 1 , 20 1%.1 . PERMITTEE: /� Organizat' • P By: n Title: �1/�eC� K- v / 9P'd ``Mf STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. ' . The foregoing instrument was acknowledged before me the 1 c b — day of Apr Y I , 20 1 by IY'\t r uC.I\0 as b■ fecibY Cre &.tl0kS My comrBELINt tpi Al 11 NOTARY PUBLIC [ S E ASIT�TE OF COLORADO ,P,( NOTARY ID 20094005563 Notary Public COMMISSION EXPIRES FEB. 23, 2017 APPROVED this 12th day of May , 20 14 PUEBLO, a Municipal Corporation BY / #!4I!a Presid - " of the City Counci 1110, CA — 4/6/10 CWVEZ HUERTA K -12 PREPARATORY ACADEMY City of Pueblo Department of Public works 211 East D Street Pueblo, CO 81003 April 15, 2014 To Whom It May Concern, We are asking permission to utilize the 2700 block of 18 street for a school community event. The area of 18 street in front of Dolores Huerta Preparatory High School will be closed off to allow for a car show for our annual CHPA (formerly CCA) Day celebration on May 30, 2014. We will need to close the street starting at 2:00 pm until 10:00 pm on the day of the event. We appreciate your time and consideration and thank you in advance for helping with this event. Sincerely, a Arlen T. Arguello Director of Operations and Instructional Philosophy Chavez/Huerta K -12 Preparatory Academy Building a Legacy of Success COLORADO SCHOOL DISTRICTS SELF INSURANCE POOL CERTIFICATE OF COVERAGE 07/01/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. MEMBER: Chavez Huerta K -12 Preparatory Academy ATTN: Tiffiny Larkins Colorado School Districts Self ADDRESS: 2727 W. 18th Street Insurance Pool CITY, STATE ZIP: Pueblo, CO 81003 6857 South Spruce St. POLICY NUMBER: 5173 -14 -00276 Centennial, Colorado 80112 POLICY PERIOD: 07/01/2014 to 07/01/2015 (303) 722 -7880 (303) 722 -7888 Fax THIS IS TO CERTIFY THAT THE POLICY OF COVERAGE LISTED BELOW HAS BEEN ISSUED TO THE MEMBER 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 COVERAGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, DEFINITIONS AND CONDITIONS OF SAID POLICY. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF COVERAGE LIMITS /DEDUCTIBLES SCHOOL ENTITY LIABILITY Occurrence Form EACH OCCURRENCE OR WRONGFUL ACT $1,000,000 ANNUAL AGGREGATE LIMIT $5,000,000 MEDICAL EXPENSE (PER PERSON /PER ACCIDENT) $1,000/$10,000 AUTOMOBILE Any Auto, Hired and Non -Owned LIMIT PER ACCIDENT $1,000,000 Medical Payments LIMIT PER ACCIDENT /PER PERSON $5,000 PROPERTY Special Form BUILDING /BUSINESS PERSONAL PROPERTY LIMIT $20,257,569 DEDUCTIBLE $1,000 Auto Physical Damage Coverage AUTO PHYSICAL DAMAGE DEDUCTIBLE $1,000 PROPERTY DAMAGE TO PREMISES RENTED TO YOU $500,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Certificate Holder has been included as an Additional Insured on the Member's School Entity Liability Coverage for "bodily injury", "personal injury" or "property damage" caused by the Member's negligence if required by written contract or agreement subject to the policy terms and conditions with respects to use of Runyon Field during the policy period. CERTIFICATE HOLDER: CANCELLATION: SHOULD THE ABOVE DESCRIBED POLICY BE CANCELLED BEFORE THE EXPIRATION DATE, WE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL Attn: Tiffiny Larkins IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Email: tnlarkins @chpa- k12.org COMPANY, ITS AGENTS OR REPRESENTATIVES. City of Pueblo - Public Works AUTHORIZED REPRESENTATIVE P O Box 1472 (� Pueblo, COB 1002 ✓ J,Y �, ,e Gr ' i(4