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HomeMy WebLinkAbout12969RESOLUTION NO. 12969 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO PUEBLO CITY CENTER PARTNERSHIP, INC., FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND AVENUE AND UNION AVENUE FOR THE PURPOSE OF CONDUCTING THE CITY CENTER EATS EVENT EVERY THURSDAY STARTING JUNE 5, 2014, AND ENDING AUGUST 28, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Pueblo City Partnership, Inc., for the use of Victoria Avenue between Grand Avenue and Union Avenue every Thursday from 11:00 a.m. until 2:00 p.m. from June 5, 2014, to August 28, 2014, to conduct the City Center Eats event. 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 27, 2014 BY: Steve Nawrocki COUNCILPERSON City Clerk’s Office Item # M-6 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: MAY 27, 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 PUEBLO CITY CENTER PARTNERSHIP, INC., FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND AVENUE AND UNION AVENUE FOR THE PURPOSE OF CONDUCTING THE CITY CENTER EATS EVENT EVERY THURSDAY STARTING JUNE 5, 2014,AND ENDING AUGUST 28, 2014 SUMMARY: Attached is an application for a revocable permit submitted by the Pueblo City Center Partnership, Inc., for their City Center Eats event. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pueblo City Center Partnership, Inc., is requesting the use of Victoria Avenue between Grand Avenue and Union Avenue from 11:00 a.m. until 2:00 p.m. every Thursday starting June 5, 2014, and ending August 28, 2014, to conduct the City Center Eats event. 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. 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: Pueblo City Center Partnership, Inc.,115 East Riverwalk, Unit 410, Pueblo, CO 81003, (719)583 -8169 2. Permitted Area: 300 Block of Union Avenue 3. Purpose of Revocable Permit: City Center Eats 4. Authorized Improvements: 5. Commencement Date: Every Thursday starting June 5 2014 Time: 4:00 p.m. 6. Ending Date: Every Thursday ending August 28, 2014 Time: 8:00 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. (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. Signed in Pueblo, Colorado this 1,7 day of AA , 20 . PERMITTEE: Organization: 1 G Pi VS4,p By: c/5 Title: \f -t STATE OF COLORADO ) COUNTY OF PUEBLO ) ss._ �-7 , The foregoing instrument was acknowledged before me the .G / /� day of / AA./ , 20 if by Ci"'S 141plcVStn" as 1/ZF . lJ^RN' P CLP • My commission expires: law; h . 9 , aaP7 • , A �' [SEAL] Notary Public APPROVED this 2 7 111 day of Jv` , 20 1 . JEANETTE R. GONZALES PUEBLO . Municipal Co orat'. NOTARY PUBLIC p STATE OF COLORADO / _ ��/ NOTARY ID 20134016224 B y , � ` 4i ALA. MY COMMISSION EXPIRES MARCH 29, 2017 Pr- • ent of the City Council f' CA – , . • —__ City Center Eats 2014 536148004 536148013 i 536148012 4 * 536148011 7: 536142007 536148014 , ' , it ,,,, 1 f , . ,,, ... . ..„. , , . 536148015 eblo History Museui MR! People dig eat•at.tables(' - 53614200c Performers will Enftgp 536142009 41 ♦ 536148016 0 536142003 z a , 536168002 cn ' _.. " 536168001 `' ....w w . , Food trucks dB park OM designated spaces - 536146012 \ .. , f; 536166001 t t / 536146013 * 536146004 ` 1 b r f.. �,0 -,. C- -', ri R� FP , `� rill r 1.1 {� 1,=. ,,, 1A Legend s►/// Location 1900 ❑P roper t y (Parcel) Boundaries m ' i ; � 1 inch = 75 feet W re m =ENTER rffrA City of Pueblo, Colorado Public Works Department — Engineering Division malt 211 E "D" Street reriejelil Pueblo, CO 81003 Attn: Ms. Belinda Kimbal rs � CITY CENTER Ms. Kimbal, PARTNERSHIP The Pueblo City Center Partnership respectfully submits this letter of intent to facilitate a coordinated effort to increase pedestrian traffic and sales tax generation in Downtown Pueblo this summer. This coordinated effort, which we are referring to as "City Center Eats," seeks to bring 3 -5 food trucks to Downtown Pueblo every Thursday lunch -hour during the summer of 2014. We are encouraging these food trucks to park in designated public parking spaces at the El Pueblo History Museum, within the Victoria Street right -of -way immediately south of the museum. We anticipate food trucks will set up around 10:00 AM (at the earliest), and depart no later than 3:00 PM each Thursday. We are hoping to begin our first City Center Eats effort on Thursday, June 5, 2014. To help encourage pedestrians to see and be patrons of the food trucks, we are working with other community partners to bring musical performers to the El Pueblo History Museum property. The museum has tables where people can eat and listen to the performers, a safe distance away from traffic, in a shady setting. All performers that are participating in this event have already been pre- screened (background checks), as required to participate in the "Street Beat" program, administered by the Pueblo Arts Alliance. The only retail activity that will occur during City Center Eats will be food sales from appropriately licensed and authorized food trucks. Performers will not be selling any items during this event. As required by City Code, we submit the attached map, proof of insurance, application fee and deposit in consideration of the City for a Revocable Permit. It is our desire that the Permit allow us to coordinate City Center Eats each Thursday during the summer of 2014, beginning Thursday, June 5, and ending Thursday, August 30. Thank you for your consideration in this matter, and for your continued support of the City Center Partnership! Sincerely, City Center Eats Coordinators: Brittany Guttierez Chris Markuson Marketing /Management Intern Director, Economic Development and GIS Pueblo Urban Renewal Authority Pueblo County City Center Partnership Coordinator City Center Partnership Vice Chairman (719) 542 -2577 (719) 583 -6240 bgutierrez @pueblourbanrenewal.org markuson @co.pueblo.co.us Pueblo City Center Partnership 115 E. Riverwalk, Suite 410 Pueblo, CO 81003 719.583.8169 www.pueblocitycenter.com From Reinstatement Notice Agent TELEPHONE: (719) 544 -1111 CENTENNIAL INSURANCE AGENCY LL ' �P .D.' -:A OHIO SECURITY INSURANCE C 06/01/13-06/01/14 5900426 COMPANY PO BOX 8210 DATE :�'POLICY NUMBER Co „. 525 B STREET PUEBLO CO 81008 SAN DIEGO CA 92101 06/25/2013 BZS55116065 07 DESCRIPTION'', ... � ., ,_. � DESCRIPTION �. ..�.,:, DESCRIPTION POLICY NUMBER BZS55116065 IS REINSTATED WITHOUT ANY LAPSE IN COVERAGE FOR THE PERIOD OF 06/01/13 - 06/01/14. This reinstatement is dependent upon payment being honored by the financial institution. If payment is not honored by the financial institution, the policy will terminate on the date and time shown on the cancellation notice issued for non - payment of premium. Issued to PUEBLO CITY CENTER PARTNERSHIP Account of 115 E RIVERWALK PUEBLO CITY CENTER PUEBLO CO 81003 PARTNERSHIP (101259890) (07102 • Coverage Is Provided In: Policy umber: '- Colorado Ohio Security Insurance Company BZS ( 5511 60 65 rrm Casualty. Policy Period: Member et Liberty Mutual G`°ep From 06/01/2013 To 06/01/2014 Commercial Protector Common 12:01 am Standard Time Policy Declarations at Insured Mailing Location Named Insured & Mailing Address Agent Mailing Address & Phone No. PUEBLO CITY CENTER PARTNERSHIP (719) 544 -1111 115 E RIVERWALK CENTENNIAL INSURANCE AGENCY LLC PUEBLO, CO 81003 -3308 PO BOX 8210 PUEBLO, CO 81008 -8210 Named Insured Is: ASSOCIATION Named Insured Business Is: PROMOTES BUSINESS IN DOWNTOWN AREA TO ATTRACT MORE BUSINESES In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. SUMMARY OF COVERAGE PARTS AND CHARGES These Declarations together with the Businessowners Coverage Form (and other applicable forms and endorsements, if any, issued to form a part of them) complete this policy. COVERAGE PART CHARGES Commercial Protector $500.00 Total Charges for all of the above coverage parts: $500.00 Certified Acts of Terrorism Coverage: (Included) Note: This is not a bill IMPORTANT MESSAGES • Equipment Breakdown Enhancement Is Included - See Policy Forms and Endorsements summary Servicing Office COLORADO CASUALTY- DENVER and Issue Date 04/02/13 Authorized Representative To report a claim, call your Agent or 1- 888 - 298 -3778 DS 70 21 01 08 )4/02/13 55116065 POLSVCS 260 LCAOPPNO INSURED COPY 000297 PAGE 13 OF 116 Vie. Coverage Is Provided In: Policy Number: Colorado Ohio Security Insurance Company BZS (14) 5511 60 65 A Casualty® Policy Period: Member of `ibe tyM t Group From 06/01/2013 To 06/01/2014 Common Policy Declarations 12:01 am Standard Time at Insured Mailing Location Named Insured Agent PUEBLO CITY CENTER PARTNERSHIP (719) 544 -1111 CENTENNIAL INSURANCE AGENCY LLC SUMMARY OF LOCATION(S) AND PREMIUM(S) 0001 115 E Riverwalk, Pueblo, CO 81003 -3308 $480.00 POLICY FORMS AND ENDORSEMENTS This section lists the Forms and Endorsements for your policy. Refer to these documents as needed for detailed information concerning your coverage. FORM NUMBER TITLE BP 00 03 01 06 Businessowners Coverage Form BP 01 59 08 08 Water Exclusion Endorsement BP 01 81 07 02 Colorado Changes BP 04 17 07 02 Employment - Related Practices Exclusion BP 04 37 07 02 Exclusion Personal and Advertising Injury BP 05 23 01 08 Cap On Losses From Certified Acts Of Terrorism BP 05 77 01 06 Fungi or Bacteria Exclusion (Liability) BP 06 01 01 07 Exclusion of Loss Due to Virus or Bacteria BP 79 19 07 10 Businessowners Property Extension Endorsement BP 79 74 02 08 Amendment of Pollution Exclusion (Premises) BP 79 96 07 10 Businessowners Liability Extension Endorsement BP 80 31 01 07 Computer Software Professional Liability Exclusion BP 80 32 01 07 Consulting Errors and Omissions Exclusion BP 81 15 01 07 Exclusion - Asbestos BP 81 18 01 07 Medical Expense At Your Request Endorsement BP 82 37 01 07 Equipment Breakdown Enhancement Endorsement BP 88 04 06 09 Exclusion - Professional Services BP 88 15 03 12 Identity Recovery Coverage For Defined Individuals In witness whereof, we have caused this policy to be signed by our authorized officers. DIA Dexter Legg Paul Condrin Secretary President To report a claim, call your Agent or 1 888 - 298 - 3778 DS 70 21 01 08 04/02/13 55116065 POLSVCS 260 LCAOPPNO INSURED COPY 000297 PAGE 14 OF 116 Coverage Is Provided In: - Colorado Policy Number: Ohio Security Insurance Company BZS ( 5511 60 65 r•` Casualty® Policy Period: Mempotmm,mutu.IGro From 06/01/2013 To 06/01/2014 Commercial Protector 12:01 am Standard Time at Insured Mailing Location Policy Declarations Named Insured Agent PUEBLO CITY CENTER PARTNERSHIP (719) 544 -1111 CENTENNIAL INSURANCE AGENCY LLC SUMMARY OF LIMITS AND CHARGES Businessowners DESCRIPTION LIMIT Liability Liability and Medical Expenses - Occurrence 1, 000, 000 Limits of Insurance Aggregate 2,000,000 Broadened Coverage For Damage To Premises Rented To You 1, 000 , 000 Medical Expenses (Any One Person) 15 , 000 Personal and Advertising Injury 0 Explanation of DESCRIPTION PREMIUM Charges Businessowners Location(s) Total $74.00 Businessowners Other Coverage(s) Total $20.00 Policy Writing Minimum Premium Adjustment $406.00 Certified Acts of Terrorism Coverage $.00 Total Charges: $500.00 Note: This is not a bill To report a claim, call your Agent or 1 888 - 298 - 3778 DS 70 22 01 08 14/02/13 55116065 POLSVCS 260 LCAOPPNO INSURED COPY 000297 PAGE 15 OF 116 `p � Coverage Is Provided In: Policy Number: Colorado v Ohio Security Insurance Company BZS (14) 5511 60 65 r• k Casualty® Policy Period: Member of liberty Mutual Group From 06/01/2013 To 06/01/2014 12:01 am Standard Time Commercial Protector at Insured Mailing Location Declarations Schedule Named Insured Agent PUEBLO CITY CENTER PARTNERSHIP (719) 544 -1111 CENTENNIAL INSURANCE AGENCY LLC SUMMARY OF COVERAGES BY LOCATION 0001 115 E Riverwalk, Pueblo, CO 81003 -3308 Property Description: Characteristics Construction: Joisted Masonry Business Personal Occupancy: Business Management Consulting Offices Property Coverage DESCRIPTION Limit of Insurance $25 , 500 Covered Causes of Loss Special Form Deductible $500 Premium $85.00 SUMMARY OF OTHER COVERAGES Employee DESCRIPTION Dishonesty Limit of Insurance $25 , 000 Including Number of Employees 5 Forgery and Deductible $500 Alteration Premium Included To report a claim, call your Agent or 1- 888 -298 -3778 DS 70 23 01 08 04/02/13 55116065 POLSVCS 260 LCAOPPNO INSURED COPY 000297 PAGE 16 OF 116 Coverage Is Provided In: Policy Number: Colorado Ohio Security Insurance Company BZS (14) 5511 60 65 Casualty® Policy Period: Member of liberty ""' "d Group - From 06/01 /2013 To 06/01 /2014 Commercial Protector 12:01 am Standard Time at Insured Mailing Location Declarations Schedule Named Insured Agent PUEBLO CITY CENTER PARTNERSHIP (719) 544 -1111 CENTENNIAL INSURANCE AGENCY LLC SUMMARY OF OTHER COVERAGES - continued Property DESCRIPTION Extension See Endorsement Endorsement Premium $8.00 Identity Recovery DESCRIPTION Coverage for See Endorsement Defined Individuals Premium $12.00 Businessowners Location(s) Total $74.00 Businessowners Other Coverage(s) Total $20.00 Businessowners Schedule Total $94.00 To report a claim, call your Agent or 1-888-298-3778 DS 70 23 01 08 4/02/13 55116065 POLSVCS 260 LCAOPPNO INSURED COPY 000297 PAGE 17 OF 116