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HomeMy WebLinkAbout13250RESOLUTION NO. 13250 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO FARMERS MARKET, FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND AVENUE AND UNION AVENUE FOR THE PURPOSE OF CONDUCTING A FARMERS MARKET EVENT EVERY TUESDAY AND FRIDAY STARTING JULY 7, 2015,AND ENDING OCTOBER 30, 2015 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Pueblo Farmers Market for the use of the Victoria Avenue between Grand Avenue and Union Avenue, every Tuesday and Friday from 7:00 a.m. until 1:00 p.m. from July 7, 2015, to October 30, 2015, to conduct a Farmers Market. 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: June 22, 2015 BY: Chris Nicoll City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 22, 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 FARMERS MARKET, FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND AVENUE AND UNION AVENUE FOR THE PURPOSE OF CONDUCTING A FARMERS MARKET EVENT EVERY TUESDAY AND FRIDAY STARTING JULY 7, 2015,AND ENDING OCTOBER 30, 2015 SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Pueblo Farmers Market, for the purpose of conducting a Farmers Market bi-weekly event. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Pueblo Farmers Market is requesting the use of Victoria Avenue between Grand Avenue and Union Avenue from 7:00 a.m. until 1:00 p.m. every Tuesday and Friday starting July 7, 2015, and ending October 30, 2015, to conduct a Farmers Market. 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: Pueblo Farmers Market, 2. Permitted Area: 300 Block of Union Avenue 3. Purpose of Revocable Permit: Pueblo Farmers Market 4. Authorized Improvements: 5. Commencement Date: Every Tuesday& Friday starting July 9 2015 Time: 7:00 a.m. 6. Ending Date: Every Tuesday& Friday ending October 30,2015 Time: 1:00 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 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. (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 0. day of ,20 IS . PERM ITT Org �.�p�j v 10,0\,A g a►r� By: oC Title: 'F{res dGn`1� STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoing instrument was acknowledged before me the 5 day of J(A,✓'1 , 20 (S— by Terri L .rnA ( as •PrGSla(.Vn j Bt LINDA KIMBALL My com91/51idCti it � ci 51n STATE OF COLORADO )(A)71474,,S6 [S E 4d.T}\RY ID 20094005563 COMMISSION EXPIRES FEB. 23,2017 Notary Public APPROVED this A 14 D day of ,205 . PUEB .: • cipal Corpora o By President of the " • ouncil CA—4/6/10 tfi/ a,�� meqf. . i ,44., _.t. .1 „ , 4. pfr..„ ,., i „ , ,, q 3 p \ .. tom.., ,:, . . ., , . i ^ ,b • < 1 • ~ 4„ a, O w .. , - • •a R5 ,r ot, - (� " 44. „, ,4, 6.. Ili, — 3s .. v Approximate location of Farmers Market -3n t c r D r h ; 44 * : I t' ri* 1 1 ' 'i * 1, 'r'r",, t- 4 10:':(10r,' , .-,,,,,,4r ♦ F r * rit y . 14, ` .. 4,n a , , I . / % k ,,, N Victoria Ave ,w ♦ r, ► ♦t tla .f -* III 3 ��.' ♦ o fit .. `_ • If , •� € 1111. ri"11''''— ' °WY ., / Lp I,0 »: 0 . , / /L_ 1.4" y / '41*.' '''C,''. 7,0 t woltrr':5 ''''''''''' 1 r''' i.r'f'''' .. r:-..;;;;;; ','''''',1'''r','Ire:1 . r-r r 4. 106. Ilialli....-1 ...1 , 4 ire''''''*. '� r • f 4 6 �" l ,r1 -T Ii' ! ` O f 0 ♦ lip '° !-',','4'-, • < t'.fi n * ztt , ,*.T:'. f" �� 9.1&,<'‘rl�,(�`� �'/. 00), ' .0 s r // j; r ._ res, n _ • a J5 City of Pueblo, Colorado Public Works Department- Engineering Division 211 E "D" Street Pueblo, CO 81003 Attn: Ms. Belinda Kimbal Ms. Kimbal, The Pueblo Farmers Market respectfully submits this letter of intent to relocate the Farmers Market from Midtown Shopping Center to the Et Pueblo History Museum Ft Sister City Plaza. Our plan is to re- invigorate the Pueblo Farmers' Market by making it more accessible and friendly to customers. The Pueblo Farmers' Market, started in 1976, is one of the oldest in Colorado. In recent years, the market suffered from declining audiences at our current Midtown Shopping Center location. We are thrilled to be working with the museum, the site of the original 1842 El Pueblo, which originally was an adobe trading center - including for cultivated crops. Relocating to El Pueblo allows us to do a few important things that our community partners and customers demand: 1) improve pedestrian safety; 2) implement food safety improvements; 3) increase market visibility; 4) increase consumption and access of locally grown produce for elderly and low-income residents; 5)increase connection to the city's bus transit center adjacent to the market; and 6) expand direct farmer-to-consumer sales. To meet the needs of El Pueblo, our customers, our vendors and the City, we intend to close the parking lot to traffic on market days at Et Pueblo every Tuesday and Friday through the summer. We will close the lot at 7:00 AM, and reopen it at 1:00 PM each day. Our market opens the first Tuesday after July 4, and continues through October each year. In 2015, our season will therefore begin Tuesday July 7, and continue through Friday, October 30. As required by City Code, we submit the attached map, proof of insurance, application fee and deposit in consideration of the City for a Revocable Permit. Thank you for your consideration in this matter, and for your continued support of the Pueblo Farmer's Market! Sincerely, C)Ail