HomeMy WebLinkAbout13196RESOLUTION NO. 13196
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE AMERICAN CANCER SOCIETY,
GREAT WEST DIVISION, INC., FOR THE USE OF ORMAN
AVENUE BETWEEN MARILYN PLACE AND ARTHUR STREET
TO HOST THE RELAY FOR LIFE RACE ON JUNE 5 AND JUNE
6, 2015
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to American Cancer Society,
Great West Division, Inc., for the use of Orman Avenue between Marilyn Place and Arthur
Street from June 5, 2015, at 10:00 a.m. through June 6, 2015, at 10:00 a.m. to host the Relay
for Life race.
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: _ March 23, 2015
BY: Ed Brown
City Clerk’s Office Item # M-6
REGULAR MEETING AGENDA ITEM
COUNCIL MEETING DATE: MARCH 23, 2015
TO: President Stephen G. Nawrocki 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 AMERICAN CANCER SOCIETY, GREAT WEST DIVISION, INC., FOR
THE USE OF ORMAN AVENUE BETWEEN MARILYN PLACE AND ARTHUR
STREET TO HOST THE RELAY FOR LIFE RACE ON JUNE 5 AND JUNE 6,
2015
SUMMARY:
This Resolution approves the issuance of a Revocable Permit to the American Cancer Society,
Great West Division, Inc., to conduct their annual Relay for Life.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The American Cancer Society, Great West Division, Inc., has requested the closure of Orman
Avenue between Marilyn Place and Arthur Street from June 5, 2015, at 10:00 a.m. through June
6, 2015, at 10:00 a.m. to host the Relay for Life race.
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: American Cancer Society,Great West Division,Inc.,
1445 N.Union Avenue,Colorado Springs,CO 80909
2. Permitted Area: Orman Avenue between Marilyn Place and Arthur Street
3. Purpose of Revocable Permit: Relay for Life
4. Authorized Improvements:
5. Commencement Date: June 5 2015 Time: 10:00 a.m.
6. Ending Date: June 6 2015 Time: 10:00 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 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.
(0 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 p2. day of /�'CG2.L1�, ,20 /LC.
PERMITTEE:
Organization: American Cancer Socie i eat ..'-: Division,Inc.
By:Martin Santistevan ,'
Title: Voluntary Logistics Chau S
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r V,` CO J>w1'1e1'OF PUEBLO )ss..
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Notary Public /
APPROVED this 73rrl day of Marrh ,20 1 5 •
PU t I,a i icipa •rp,ratis
Preside''#Council
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FOR LIFE
City of Pueblo
211 East D Street
American,
Pueblo, CO 81004 = Cancer� '�
February 12, 2015
To Whom It May Concern:
The Committee representing Relay For Life of Pueblo would like to request the support of the City of Pueblo as
they hold their annual Relay For Life event at Pueblo Community College on June 5- 6, 2015.
The mission of Relay For Life of Pueblo is to Celebrate cancer survivors, Remember those lost to the disease,
and Fight Back through advocacy, awareness and fundraising. This family-friendly event promotes health and
solidarity among the Pueblo community.
The committee hereby requests the street closure of Orman Avenue,from Maryland Road to Arthur Road. A
total of$ 550.00 will be remitted to the City: $50.00 for the street closure permit and $500.00 as the street
closure deposit. Closure needs to begin at 10:00am on June 5, 2015 and will expire at 10:00 am on June 6,
2015 to allow for event set-up, event take down and clean- up activities by the committee and other
volunteers.
If there are any questions, please contact Stacy Reavis,Judy Schill or Martin Santistevan.
Contact information has been provided below.
Warm regards,
A
is
American Cancer Society, Community Manager- Relay For Life
Stacv.Reavis@cancer.org
1445 N. Union Blvd.
Colorado Springs, CO 80909
719-630-4967
Judy Schill
Relay For Life of Pueblo
719-248-9143
rela forlife•ueblo • ahs•.com
Martin Santisteva
Relay For Life of Pueblo
Volunteer Logistics Chairperson
719-250-6233
krase721ife@gmail.com