Loading...
HomeMy WebLinkAbout13043RESOLUTION NO. 13043 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CONVENTION CENTER, FOR THE USE OF RIGHT-OF-WAY ON MECHANIC STREET FROM RICHMOND AVENUE TO SANTA FE AVENUE FOR EVENTS AT THE PUEBLO TH CONVENTION CENTER ON FRIDAY, SEPTEMBER 19, 2014 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Convention Center and Memorial Hall, for the use of the right-of-way on Mechanic Street between Richmond Avenue and Santa Fe Avenue from 8:00 a.m. to 11:59 p.m. on September 19, 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 final passage. INTRODUCED: September 8, 2014 BY: Ami Nawrocki COUNCILPERSON City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: SEPTEMBER 8, 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 PUEBLO CONVENTION CENTER, FOR THE USE OF RIGHT-OF-WAY ON MECHANIC STREET FROM RICHMOND AVENUE TO SANTA FE AVENUE FOR EVENTS AT THE PUEBLO CONVENTION TH CENTER ON FRIDAY, SEPTEMBER 19, 2014 SUMMARY: Attached is an application for a revocable permit submitted by the Pueblo Convention Center for closure of the right-of-way on Mechanic Street from Richmond Avenue to Santa Fe Avenue for events at the Pueblo Convention Center on Friday, September 19th. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Pueblo Convention Center has requested the use of the right-of-way on Mechanic Street th from Richmond Avenue to Santa Fe Avenue on September 19,2014 from 8:00 a.m. to 11:59 p.m. for events at the Pueblo Convention Center. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will jeopardize the safety of the attendants of the event at the Pueblo Convention Center. 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 Convention Center, 320 Central Main St., Pueblo, CO 81003, (719)583-4959 2. Permitted Area: Right of Way on Mechanic Street from Richmond Avenue to Santa Fe Avenue 3. Purpose of Revocable Permit: Event Parking 4. Authorized Improvements: 5. Commencement Date: September 19.2014 Time: 8:00 a.m. 6. Ending Date: September 19,2014 Time: 11:59 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-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). (I) 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 2 ' day ofIIIIIIc4 3r7 ,20 /V . PERM ITTEE: Organization: �il�6Gl� ,t.►/Po�lr c CL r1K' Bye. L Title: E L /14,i) qE/e__ STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument� was acknowledged before me the ^Xg day of ,,, u "t" , 20 \'4 by 1) ILA, ctx v3 as C� 4��,ov w\ �r,- e. . = My-'commission expires: (-\ 'a,o L . ,= [SEAL] :- Notary Public APRROVED this 8th day of September 2014 PUEBLO,a Municipal Corporation By C---74(.1(5)1,4/11/41LOCte-246 President of the City Council CA—4/6/10 Google Maps Page 1 of 1 I 12ffl iii vrll tq DIrertton, '' ti ,f h. /6 t I x 4 � • i • / \ ' - ' si'";:•:--:,,:, T i. '''`,1ry•f, n 7tv. s. ‹• ,d " t ' q ',h • / ..e'�.�' t" ' - \£. . y ` , lic --,.‘,'"1----:,,-....'f'/I, ',7k,,, / z,',,,,,;-,-,,'-`,,,,-4.f.- k",-% ,,•\,:---•::' .,"\.*---*9 ' '.•.-N ''''1,'"' i ' .,4' i '''''/Ai. .... '//4 4, '''•" i ,,.. .. , .4......,,f./ .i. Jilt... * N.,\ ,,, ,.._, ,,,,*.,,,o., ,,,,s . .-..,.. ,,. .,v . , ., , , -,:..,, ,4 \\000) 1 l1 ,,',/'`,-„,"„/±•e ,"r, %,' n "x 1 .�yew ;`* £a,'^a�@ V , ,'„ �" q.,,e,"< �"= `' f *s` s �1 '.', tJ \,, ; 4; rtf .� F,J ft/,., /.-W "1.4/e,.'"'y 1 ti: \x x `" '� \ +'t\ \`x' \ -- „`v' '' J. '' t i t+ '' r r ,.hit '� wi �. ^�. :::1 ,a.,:;: % :, 00 J- � �''� (`v � � �. rt ,.a.~� e� 5.,'",��a c£.��'ti ti ,'w .nrJc, :°:.:4...‹.-7----4-:''':4:' !t ,r.-�F" �r . y .�. , �",,, a `k �*"+.\�,'{.:w ‘ .,,/,.-:,,,,,, ,s""4,, ,_/" 2a�-Lr A :- ,' ' .. V 1+:x, ',,o \\moi`' Cr',, �.. /-; 1 Y.! ��** s ,.�: '',:r 4F),? Fy3 '. • • e r 1 . r.a .. • ' '• .,'"i T "'.'� ''4A,'V `1 x y--1/- A.' "5-''' !�.` r'' ^v ,x% 4, re s „p Ill fl 14,'1'' \,''— ' s \ N., ''L't-N .k.../y %- ••=•:,-,,„,,,,u,--,--•, --., ,,',-, Avii It tur v, ,P:, , -4; --' d ,- • ,- .' !--,--. 1 th '',, `i/' `i/cry ,57 - 4Jau a 0, ez,5gz 4i/7--/ / ??61/4/9 e K�Kurc ti&) �✓P41 .i.-- d,9tete l C iC3>--• Imagery 12014 Digit al Glebe,Map data 422014 Google 50 ft https://www.google.com/maps/@38.2659675,-104.6079995,166m/data=!3m 1!1 e3 8/28/2014 320 Central Main St. PUtrO I Pueblo, CO. 81003 719.542.1100 TEL Convention Center 719.583.9351 FAX August 29, 2014 City of Pueblo 200 S. Main St. Pueblo CO 81003 To Whom It May Concern: The Pueblo Convention Center is requesting a revocable permit for Mechanic Street on September 19`h, 2014 from 8:00am— 11:59pm. The reason for this closure is to eliminate patrons attending the Chile and Frijole Festival parking in the Convention Center lot and on Mechanic St. This area will be needed for our 500 plus guests attending the Parkview Gala and the USS Pueblo Dinner. Thank you in advance for your consideration. Please do not hesitate to contact me at 583-4959 or bhoffman@puebloconventioncenter.com should you have any questions. Regards, `jam Brian Hoffman, General Manager Pueblo Convention Center& Memorial Hall DATE A c® CERTIFICATE OF LIABILI A I INSURANCE 5/29 2014 Y) 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 'PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .PORTANT: 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 Rochelle Romero NAME: CENTENNIAL INSURANCE AGENCY, LLC. /a/co.Nr o.Extl: (719)544-1111 iAX .No): (719)545-5120 1515 Fortino Blvd. 2nd Floor E-MAIL ADDRESSrromero@centennial-ins.com INSURER(S)AFFORDING COVERAGE NAIL# Pueblo CO 81008 INSURER A:Ohio Security Ins. Co. 24082 INSURED INSURER B:The Ohio Casualty Ins. Co. 24074 Urban Renewal Authority Of Pueblo INSURER C:Pinnacol Assurance 41190 115 E Riverwalk INSURER D:Darwin National Assurance Co INSURER E: Pueblo CO 81003-3308 INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 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 R,WVD POLICY NUMBER IMM/DDIYYYYI IMM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RETED X COMMERCIAL GENERAL LIABILITY PREM SESO(Ea occurrence) $ 300,000 A CLAIMS-MADE X OCCUR BKS55105977 6/1/2014 6/1/2015 MED EXP(Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 RO- X POLICY n J T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ .1.1ALL OWNED SCHEDULED BAS55105977 6/1/2014 6/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 1,000,000 B El EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 06055105977 6/1/2014 6/1/2015 $ WORKERS COMPENSATION WC STATU- OTH- C AND EMPLOYERS'LIABILITY /N X TORY LIMITS ER ,, ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A 6/1/2014 6/1/2015 4123721 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 D Public Officials Pro- 0202-1646 6/1/2014 6/1/2015 $2,000,000 fessional Liability DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) If you would prefer to receive this certificate of insurance via e-mail or fax please contact me at rromero@centennial-ins.com. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Global Spectrum ACCORDANCE WITH THE POLICY PROVISIONS. c/o Pueblo Convention Center 320 Central Main St. AUTHORIZED REPRESENTATIVE Pueblo, CO 81003 PT R Romero/CHELLE `- ___ ' . __ L-y ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD