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HomeMy WebLinkAbout13034 RESOLUTION NO. 13034 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON-PROFIT CORPORATION, FOR THE USE OF ST SPAULDING AVENUE AND 31 STREET TO HOST THE 2014 CORPORATE CUP 5K RUN/WALK AND THE MILE RUN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Young Men’s st Christian Association of Pueblo for the use of Spaulding Avenue and 31 Street on September 13, 2014, from 7:30 a.m. until 9:30 a.m. and September 18, 2014 from 5:30 p.m. until 7:00 p.m. to host the 2014 Corporate Cup 5K Run/Walk and Mile Run. 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: August 25, 2014 BY: Ed Brown COUNCILPERSON City Clerk’s Office Item # M-6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: AUGUST 25, 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 YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, A COLORADO NON-PROFIT CORPORATION, FOR THE USE ST OF SPAULDING AVENUE AND 31 STREET TO HOST THE 2014 CORPORATE CUP 5K RUN/WALK AND THE MILE RUN SUMMARY: Attached is an application for a revocable permit submitted by the Young Men’s Christian Association of Pueblo to conduct their annual Corporate Cup event. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to host the Corporate Cup. BACKGROUND: The Young Men’s Christian Association of Pueblo, a Colorado non-profit corporation, st has requested the closure of Spaulding Avenue and 31 Street on September 13, 2014, from 7:30 a.m. until 9:30 a.m. to host the 2014 Corporate Cup 5K Run/Walk, also on September 18, 2014, from 5:30 p.m. until 7:00 p.m. to host the Corporate Cup Mile Run. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will modify the location of the events. 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: The Young Men's Christian Association of Pueblo, 3200 Spaulding Avenue,Pueblo,CO 81008,(719)543-5151 2. Permitted Area: Spaulding Avenue and 315t Street 3. Purpose of Revocable Permit: Corporate Cup 2014—5K Walk/Run and Mile Run 4. Authorized Improvements: 5. Commencement Date: September 13 2014 Time: 7:30 a.m. September 18,2014 5:30 p.m. 6. Ending Date: September 13,2014 Time: 9:30 a.m. 7. September 18,2014 7:00 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 café, the Permittee and sidewalk café 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 l 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 i day of .J(,( L9 ,20 r . PERMITTEE: YiAeA Organization: By: /�,,"tyw�y, Title: r ftic ! ( v STATE OF-COL'ORADO') COUNTY OF-PUEBLO ,)'s.. The foregoing instrument was acknowledged before me the gurt4 day of A u C Y , 20 by AIA 1 MIJas USAF.n1 i le 0 • • My commission expires: S47 11 a o 15 . , [SEAL] ..%✓; i4 J � . i _ lltGcaGZl,_ / Notary Public APPROVED this 25th day of Auguat ,20 14 • PUEBLO, a Municipal Corporation By r Pre ' ent of the City Council / CA—4/6/10 SPAULDING AVE a. YMCA co 45 • CO 0 -J 03 1.11 0101#1$$#) 3 -E T E s 8 ;'c s; Nry, 95, 0 !( l Is 11 11 1Ii II T.,< -' I , I I I; I I 0 L z 4,, r�� I ,,I I a I' l C/3 I i. I I I I fl IL r W Ce 1 ee 'll IA' OU \.y, 11 a 'i�1 I' I .1 i o W III > V 2 Y ,� is u o Ce �la F- 0 Q II1 ooz o CL ��/ W W = ea Z / 0 4,.11 ,3 z� ZPS!b .,:c a§i ® Dmo3m >- 0 1 , 1-QNa�r-Q TM the FOR YOUTH DEVELOPMENT y. �6 FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY July 22, 2014 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members: The 30th Annual Pueblo YMCA Corporate Cup is just around the corner. Last year the Corporate Cup impacted 22 companies and over 3,000 participants by promoting healthy lifestyles in our community. This year we are excited about the potential of impacting 30 companies for our 30th year of promoting a commitment to health, fitness and wellness activities through our annual event. We are requesting two revocable permits for two separate Corporate Cup events. Saturday, September 13th from 7:30 a.m.to 9:30 a.m.for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd. and Thursday, September 18th from 5:30 p.m.to 7:00 p.m.that would enable us to close the right-in only road of 31st Street for our 1 Mile Run.We don't anticipate this causing any inconvenience as we have done it in years past with no issues. Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Sincerely, 11l d 0C4004L-) Janelle Lockwood Vice President YMCA of Pueblo 719-543-5151 ext.221 jlockwood@puebloymca.org YMCA OF PUEBLO 3200 E.Spaulding Avenue,Pueblo CO 81008-2279 P 719 543 5151 F 719 544 3780 www.puebloymca.org /� ® Client#: 158602 YMCAPUEB ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/09/2014 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 Brooke Beck N ME: HUB International Ins Svcs Inc PHONE HHHOON o,Ext):719-884-0714 FAX 866-290-9290 (A/C,1414 W 4th St E-MAIL (ac,No): ADDRESS: brooke.beck@hubinternational.com P.O.Box 58 INSURER(S)AFFORDING COVERAGE NAIC# Pueblo,CO 81002 INSURER A:Philadelphia Indemnity Insuranc 18058 INSURED INSURER B:Philadelphia Indemnity Insuranc 18058 Young Men's Christian Association of INSURER C:Pinnacol Assurance Company 41190 Pueblo& Community Campus,LLC INSURER D: 3200 Spaulding INSURER E: Pueblo,CO 81008CA License#0757776 INSURER F COVERAGES ---CERTIFICATE NUMBER: - 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. LTR TYPE OF IADDL NSURANCE NSR SWVD POLICY NUMBER (UBR MM/DDY/YYYY) (MM/DDY!YY Y) LIMITS A GENERAL LIABILITY PHPK1116529 12/31/2013 12/31/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $20,000 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 JECOT- n LOC A AUTOMOBILE LIABILITY PHPK1116529 12/31/2013 12/31/2014(Ea aaaldentSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AUT OWNED (Perr ROPERTY DAMAGE $ _ AUTOSaccident) B X UMBRELLA LIAB X OCCUR PHUB445522 12/31/2013 12/31/2014 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10,000 $ C WORKERS COMPENSATION 596752 10/01/2013 10/01/2014 X TTORYLIMITS ERH AND EMPLOYERS'LIABILITY ANYIPROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $1,000,000 OF(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) RE: Turkey Trot Verification of Insurance Coverage CERTIFICATE HOLDER CANCELLATION SHOULD OF THE ABOVE City of Pueblo THE EXPIRATIONDATE THEREOF,E NOPOLICIES CO ICENE WILL CBE DELIVERED 1 City Hall Place ACCORDANCE WITH THE POLICY PROVISIONS. Pueblo,CO 81003 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2631533/M2631055 SSO9