Loading...
HomeMy WebLinkAbout13035 RESOLUTION NO. 13035 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 TH PARTICIPATE IN THE 20 ANNUAL CHILE AND FRIJOLES FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Riverwalk Restaurant & Lounge, LLC, for the use of the right-of-way at 219 South Grand Avenue from September 19, 2014, at 6:00 a.m. until September 21, 2014, at 6:00 p.m. 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 final passage. INTRODUCED: August 25, 2014 BY: Ed Brown COUNCILPERSON City Clerk’s Office Item # M-7 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 RIVERWALK RESTAURANT & LOUNGE, LLC, FOR THE USE OF RIGHT-OF-WAY AT 219 SOUTH GRAND AVENUE TO TH PARTICIPATE IN THE 20 ANNUAL CHILE AND FRIJOLES FESTIVAL SUMMARY: Attached is an application for a revocable permit submitted by the Riverwalk Restaurant & Lounge, LLC, to participate in the 2014 Chile and Frijoles Festival. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year by the Riverwalk Restaurant, LLC, to participate in the 2014 Chile and Frijoles Festival. BACKGROUND: The Riverwalk Restaurant & Lounge, LLC has requested the use of the right-of-way at 219 South Grand Avenue from September 19, 2014, at 6:00 a.m. until September 21, 2014, at 6:00 th p.m. to participate in the 20 Annual Chile and Frijoles Festival. 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 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: 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: Chile and Frijoles Festival 4. Authorized Improvements: 5. Commencement Date: September 19 2014 Time: 6:00 a.m. 6. Ending Date: September 21.2014 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 cafes,the Permittee and sidewalk cafes 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. Signed in Pueblo,Colorado this A D I day of ,20 i y PERMITTEE: Organization: Rl j (v rdl IL .1e4 a v ra rt I-40A'e 21 6 6 2. By: ?OA... N 4 R�.t Title: Q,,.J A e STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. fes/ The foregoing instrument was acknowledged before me the r day of •.14 , 20 /7 by f_^-A as ‘014)7.‘014)7.1-4-,7 � My camrmtss�i Mires. _ /.22 . [S�EaL�[ 1 . < t� 'th >4.'°-.41/#""' �K� %4 Notary Public r ., w rc sw ' APPROVED tl 25th day of August ,20 14 PUEBLO, a Municipal) Corporatio BY SiidA4)< Zi4t5 Press.ent of the City Council CA—4/6/10 ,� .. __ .41/1b, J t \.... ir _N 7„... ., : ‹ 1_, ,., ____ .. .4 1 ",1 ,,,/ 0),, )- t ,, . tU t--' alt!', a \ >4 --) - ! -----___..------ ----- 71-(:,, r � > L )4i or & :> - 4,3 'i E' 4 • I ' • L} 2 .1I.. L------- _.... 41 l •• L', �'---- ; 11:,,, 1--1 V ...,,r: „-�� _, IIS . ,1 Riverwalk Senate Restaurant& Lounge 219 South Grand Avenue Pueblo, CO 81003 July 30, 2014 Ro whom it May Concern: Please find this letter to inform the City of Pueblo Public Works Department, my intent to modify the premise at the Riverwalk Senate Restaurant and Lounge, 219 S Grand Ave, Pueblo, Co 81003 for the Chili Fest. I will be extending my patio out toward the sidewalk and the street approximately 10 feet. The dates I would like to modify the premises are September 19th thru September 21st, 2104. I will restore the original modification by 6:00 p.m., when the event is complete. k o ,L wor aul K. Montez Owner/Manager GREATERT"' LO CHAMBER, We Mean Business. 302 N. Santa Fe Ave. • Pueblo, CO 81003 • (719)542-1704 • (719)543-4851 fax • www.pueblochamber.org July 28, 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 Chile and Frijoles Festival September 19, 20, 21, 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 September 19, 20, 21„ 2014 during the Chile and Frijoles 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, 0119 t Rod Slyhoff President and CEO Serving Pueblo County since 1910 Ac®® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `..� 7/28/2014 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 Engram NAME: g CENTENNIAL INSURANCE AGENCY, LLC. (A/C_No.Fat): (719)544-1111 1AIC.Nol:(719)545-5020 1515 Fortino Blvd. 2nd Floor E-MAIL rengram@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 INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR, INSR MD POLICY NUMBER IMM/DDIYYYYI IMM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(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 AGG $ 2,000,000 X- POLICY PRO- I p� LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (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 LIAR OCCUR EACH OCCURRENCE _ $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ - $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY I WITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 5/1/2013 5/1/2014 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 4164056 5/1/2014 5/1/2015 (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 A Liquor Liability 8KS55823852 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:Chili Festival September 19,20 & 21,2014 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 City of Pueblo ACCORDANCE WITH THE POLICY PROVISIONS. 211 East D Street Pueblo, CO 81003 AUTHORIZED REPRESENTATIVE Melinda Grant/MEL I i' Ota- 1L-4 • ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 oninnet ni Tho ARr1Rr1 name.,nrl Innn or ranicfararl morlrc of Annan