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HomeMy WebLinkAbout13221 RESOLUTION NO. 13221 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF ST COMMERCE FOR THE USE OF UNION AVENUE FROM 1 STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TH TO MAIN STREET TO HOST THE 7 ANNUAL WILD WILD WEST FEST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Chamber of Commerce for the use of Union Avenue from First Street to B Street, C Street from Victoria Avenue to Main Street, D Street from Victoria Avenue to Main Street, and Grand Avenue from First Street to Main Street from May 11, 2015 at 7:00 a.m. until May 19, 2015, at 5:00 p.m. to th conduct the 7 Annual Wild Wild West Fest. 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: April 27, 2015 BY: Dennis Flores City Clerk’s Office Item # M-10 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 27, 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 PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION ST AVENUE FROM 1 STREET TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE FROM FIRST STREET TO MAIN STREET TO TH HOST THE 7 ANNUAL WILD WILD WEST FEST SUMMARY: This Resolution approves the issuance of a revocable permit submitted by the Pueblo Chamber of Commerce for their Annual Wild Wild West Fest. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to host the Annual Wild Wild West Fest. BACKGROUND: The Pueblo Chamber of Commerce has requested the use of the right-of-away located on portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue from May 11, th 2015 at 7:00 a.m. until May 19, 2015 at 5:00 p.m. to conduct the 7 Annual Wild Wild West Fest. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will modify the area of use and jeopardize the safety of Wild Wild West Fest attendants. 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 Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719)542-1704 2. Permitted Area: Union Ave from 1st St to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Ave from 1st St to Main St and from Main Street to Santa Fe Avenue 3. Purpose of Revocable Permit: Wild Wild West Fest 4. Authorized Improvements: 5. Commencement Date: May 12"2015 Time: 7:00 a.m. 6. Ending Date: May 19,2015 Time: 5:00 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 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—416110 (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 /0 day of April ,20 16 . PERMITTEE: Organization: '? bl'G ClivirAber IN" C°N‘MerC.L By: Ve,..1/04, Title: 7V'CS1aen STATE OF COLORADO ) o COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the (0 day of r�/�1, , 20 Is by Rod 614 hokJ as K` 1Clien • My commission expires: ? .48/4-P0i} TERRI E. KALLISH Sp� A Np'IIpRY PUBLIC `S ATI:-'OF COLORADO f Notary Public NOTARY ID 20094005794 MY COMMISSION EXPIRES FEBRUARY 24,2017 APPROVED this 7 7th day of Apr-i 1 ,2015 • PUEB _. . orpor I By 'resi•enIty Council CA-4/6/10 , v y y — C �r- -< m r O> Ain OD nFo Or � m.O opWobDo mm°moomz :(1 r :0 Z <xlioDyo Al <� C m 0 -13 o ....,C —I ° zz � � vmiW-D oo0 Dip ,.. X CI > m coO w , 0 r 72 Z /i m Vii. X r',,'/; ma sm -n D Q xl i m -Nim 1' Ov �,y'a® ; _p , 1 A� Z r w Z ," -; ` tt '1 SUMONAVr "( 74) 1'4'1 Mk til >o 4. ;9 k= { ° ,1�' liti s O _ 91M ST .. Y hfh�'.y 1..4.,,,v:::,,,ri.:‘ Z r x ,, ,4 o- ",i" r . ,-n✓ K Atil / /4',./tis kr /, ' ., J3 ! , z moi; ��/ ` • ' l 'o E, ce.'- .3 THE GREATER"'RE 1 ER"' PUEBLO CHAMBElk We 302'N. Santa Fe Ave. • Pueblo, CO,81003 • (719)542-1704 • (719)543-4851 fax • www.pueblochamber.org April 10, 2015 Sam Azad City;Manager City of Pueblo Pueblo,CO 81003 Dear Mr.Azad: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the annual Wild Wild West Festival. The Festival will begin on Friday, May 15, 2015 and conclude on Sunday, May 17, 2015. Our set up will begin on Monday, May 11, 2015 and be completed and cleaned up on Monday, May 18,'2015. The following are the proposed street closures for the festival. • Grand from 1"Street to Union Ave. 7:00 AM Monday, May 11, 2015 to 5:00 PM Monday, May 18,2015. Purpose To set up carnival rides. • El Pueblo History Museum'parking lot from Grand to half way to Union 7:00 AM Monday, May 11,2015 to 5:00 PM'Monday, May 18, 2015. Purpose: To set up carnival rides • D' Street from Victoria to Union Ave. 7:00 AM Thursday, May 14, 2015 to 5:00 PM Monday,May 18, 2015. Purpose:To set up an entertainment tent. • C Street from Victoria to Union Ave. 7:00 AM Thursday, May 14, 2015 to 5:00 PM Monday, May 18, 2015. Purpose:To set up an entertainment tent. • Union Ave. from 1"Street to B Street and C Street, D Street and Alan Hamel from Union to South Main and the City Parking lot from Union to South Main in front of Angelo's and the Eco Walk building,and the parking lot by Memorial Hall From 6:00 AM Friday, May 15, 2015 to 7:00 AM Monday,May 18, 2015. Purpose:for vendor set up and the Festival. • The City Parking Lot along Victoria and Greenwood (PBR) from Friday, May 15, 2015 to Sunday, May 17,2015 for a Handicap Parking only and a shuttle drop of and pick up. We will have security at the entrance verifying Handicap permits. • Saturday May 16, 2015 close north bound lane on Union Ave Bridge from Church to B Street from 9:55 Am until 10:15 AM for the PAWS Parade of Life. We will divert North Bound traffic onto Church to south Main. The.Pueblo Convention Center overflow parking,lot between Union Ave. and Central Main from Monday,May 11, 2015 to.Monday, May 18, 2015 to set up carnival rides. Also we will close half of the parking lot where the Health Department was located as well as the SRDA lot along Alan Hamel from Wednesday, May 13, 2015 until Tuesday, May 19,2015 to set up an entertainment Serving Pueblo County since 1912 tent. We will work with SRDA to issue permits for the remainder of the lot and we will have a parking lot attendant on duty from 7:00 AM until 4:00 PM from Wednesday May 13, 2014 to Sunday May 17, 2015. We will protect the landscaping in the island areas on Union Ave. with Caution Tape and Barricades. We will not allow any vendors to use tent stakes and all waste will be collect and disposed of by the Chamber and our volunteers. Thank you for your consideration of this request. Sin ely Rod Slyho President and CEO