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Home My WebLink About13278 RESOLUTION NO. 13278 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND AVENUE / ALAN HAMEL AVENUE AND UNION ND AVENUE TO HOST THEIR 2 ANNUAL INTERNATIONAL FESTIVAL 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 Victoria Avenue between Grand Avenue / Alan Hamel Avenue and Union Avenue from September 12, 2015 at 7:00 a.m. until September 14, 2015, at 11:00 a.m. to conduct their annual International Festival. 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: July 27, 2015 BY: Robert Schilling City Clerk's Office Item # M-12 COUNCIL MEETING DATE: July 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 VICTORIA AVENUE BETWEEN GRAND AVENUE / ALAN HAMEL AVENUE AND UNION AVENUE TO HOST THEIR 2ND ANNUAL INTERNATIONAL FESTIVAL SUMMARY: Attached is an application for a revocable permit submitted by the Pueblo Chamber of Commerce to conduct their annual International Festival. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Pueblo Chamber of Commerce has requested the use of the right -of -away located on Victoria Avenue between Grand Avenue / Alan Hamel Avenue and Union Avenue from September 12, 2015 at 7:00 a.m. until September 14, 2015 at 11:00 a.m. to conduct their annual International Festival. 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 Chamber of Commerce, 302 N. Santa Fe, Pueblo, CO 81003 (719) 542-1704 2. Permitted Area: EI Pueblo History Museum Parking Lot, and Grand Avenue / Alan Hamel Avenue from Union Avenue to Victoria Avenue. 3. Purpose of Revocable Permit: 2"d Annual International Festival 4. Authorized Improvements: 5. Commencement Date: September 12. 2015 Time: 7:00 a.m. 6. Ending Date: September 14. 2015 Time: 11:00 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 cafd, the Permittee and sidewalk cafd 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. 0) 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 day of J �&/ X , 20/5 PERMITTEE: Organization: -1 keb/,DBy: STATE Title'��c s , •�� STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. The foregoin instrument was acknowledged before me the �_ day of u �/ 20 ! S by OGf as My 7L] RRA E. KALLISH NOTARY PUBLIC [ STE OF COLORADO RY ID 0 20094005794 Notary Public N EXPIRES FEBRUARY 24, 2017 APPROVED this day of 'T LA L 20 1.5r. O, a Municipal Co ration P es'WRtiff the City Council CA – 4/6/10 THE GREATER'" PUEBLO CHAMBER We Mean Business, P E1.B - - - www.invaHon.com ; 7 Pueblo Sister City International Festival ®N ToNc CV Nrol kln;. El Pueblo History Museum Pueblo, Co Permit #: 2014 Exp. Date: Date: 81612014 Author: Work Zone Traffic Control Inc. Project: Pueblo Sister City International Festival WZ: PT - Comments: WOR1fi �� 1. Plan not to scale, concept only. 2. All traffic control will be set in accordance with the latest edition of the MUTCD. 3,All devices will be in compliance with the NHCRP 350 & MASH report. 4. Sion & device soacino will determined by speed limit. 302 N. Santa Fe Ave. • Pueblo, CO 81003 s (719) 542-1704 a (719) 543-4851 fax • pueblochamber.org July 6, 2015 Sam Azad City Manager City of Pueblo 200 South Main Pueblo, CO 81004 Mr. Azad: The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct Pueblo Sister City International Festival. This festival is a one day event and is being produced by the Pueblo Chamber of Commerce in cooperation with the Pueblo Sister City Committee. The date for the festival is Saturday September 12, 2015 and will be open to the public from 10 AM to 10 PM. We are requesting to close the following areas for set up, the festival and tear down of the Festival. Friday September 12, 2015, 8 AM Close Grand Ave from Victoria to Union Ave. to set up a tent and staging. The street will be open by noon on Monday September 14, 2015. Close half of EI Pueblo History Museum parking lot from Victoria and Grand Ave. to Union Ave... Access for Friday will be from Union Ave and the East end of the parking lot will be usable on Friday. We will be putting up staging and tents on the West end of the parking lot. Install crowd control fencing around Sister City Plaza. The sidewalk around the plaza will be open all weekend and will have swing gates that will be open for citizen access to the plaza on Friday and Sun Saturday September 12, 2015, 7 AM Close EI Pueblo History Museum parking lot entrance at Union Ave. We will open EI Pueblo Parking Lot to vehicle traffic by 11 PM. Monday September 14, 2015 Grand Ave will be open by Noon after the tent is removed Crowd control fencing and other festival infrastructure will be removed from the plaza by noon. Sincerely, Rod Slyhoff