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Home My WebLink About13299RESOLUTION NO. 13299 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE WINE DOWN BY THE RIVER, LTD., FOR THE USE OF RIGHT-OF-WAY AT 105 SOUTH UNION ST AVENUE TO PARTICIPATE IN THE 21 ANNUAL CHILE AND FRIJOLES FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Wine Down by the River, Ltd., for the use of the right-of-way at105 South Union Avenue from 6:00 a.m. on September 25, 2015 until 12:00 a.m. on September 28, 2015. 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: September 14, 2015 BY: Ed Brown City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: SEPTEMBER 14, 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 WINE DOWN BY THE RIVER, LTD., FOR THE USE OF RIGHT-OF-WAY ST AT 105 SOUTH UNION AVENUE TO PARTICIPATE IN THE 21 ANNUAL CHILE AND FRIJOLES FESTIVAL SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Wine Down by the River, Ltd., to participate in the annual Chile and Frijoles Festival. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Wine Down by the River, Ltd. has requested the use of the right-of-way at 105 South Union Avenue from September 25, 2015, at 6:00 a.m. until September 28, 2015, at 12:00 a.m. to st participate in the 21 Annual Chile and Frijoles Festival. Although the Pueblo Chamber of Commerce has applied for a Revocable Permit for this event, the State Liquor Law is requiring the Wine Down by the River, Ltd., to modify its licensed premises in order to sell alcohol outside the premises of their establishment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will most likely cancel participation in 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: Wine Down by the River, Ltd., 105 South Union Avenue, Pueblo,CO 81003 (719646-8909 2. Permitted Area: Right of Way at 105 South Union Avenue 3. Purpose of Revocable Permit: Chile and Frijoles Festival 4. Authorized Improvements: 5. Commencement Date: September 25 2015 Time: 6:00 a.m. 6. Ending Date: September 28,2015 Time: 12:00 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 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-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). (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 citG" day of et-6V ,20 A.C. PERMITTEE: Organization. Le_ , b Title: 4WC4..-IJe.".. � $,TA.TF,OF COLORADO ) �C y r . TY;OF PUEBLO )Ss. r,an,QUN s, The ('orcgnjng instrument was acknowledged before me the J4 day of /, , 20/by C' 07,2 4 . /� ;✓ Ll as • pires: Z ,oL�O • ilorn! 64C% )444°14.'1.- Pe*:�7i a` Q ►��t`r�`z`" otary Public irt4 APPROVED this 14th day of September ,20 . PUEBLO • Municipal Co•.oratn President oft e ity Council CA—4/6/10 THE + 3+..ir5 TM ; ,, -' PUEBLO CHAMBER vitainalwimoof 'Nam"' We elikaa , , 302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org August 21, 2015 To Whom It May Concern: The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo to conduct the Annual Chile & Frijoles Festival September 25, 26 and 27, 2015. The permit allows the Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1' Street to B Street. The Greater Pueblo Chamber of Commerce agrees to provide Wine Down by the River the use of the sidewalk and 10 feet of the street in front of 105 South Union Avenue on September 25, 26, and 27, 2015 during the 21st Annual Chile & Frijoles Festival. We understand that the management of Wine Down by the River is applying to extend their liquor license into the above stated area to serve food and liquor. Wine Down by the River is to provide secure fencing with a single point of entrance to this area from Grand Avenue. They will provide security during business hours to ensure that no liquor will be allowed outside of the fenced area and no liquor will be allowed into the stated area. The cost of the fencing and the security for this area is the responsibility of Wine Down By River. Sincerely, /7 l Rod Slyhoff President and CEO �S To Whom It May Concern; We here at Wine Down by the River at 105 S. Union Avenue are requesting a revocable permit to participate in the Chile and Frijoles Festival being held September 25th-September 28th 2015 on Union Avenue. We have obtained permission from the Greater Pueblo Chamber of Commerce to occupy space for this event. We plan to follow all necessary rules and guidelines for the event. cbc44o Oreo 101 0 be C!ovt#dir ® by Q 3ic,r-erce, ..., . , . .... , (..., ,o, q et) ny - .. a.,Illu Nea _...to e M " Y 3fs`kh , 1 •dk• wsn ix.t„a x E I p I V, :,.,; P IL. ed6 4 i i Iil I IC;1 Li 9 q a, r rent, t, I IM1' t.,.., Li ce in s I:$ A 1 pre,-n,cSe—s l 1 • 1°'/1 144 (6W Win� 4z (-7r/Ylle 3 } 4 '° 4 RALOtoj ,.."- ! Ham- F Colorado Secretary of State - Summary Page 1 of I =SG '' ITV:VIV ' r ys x t 1 r rt r"t i¢r It� t o I 4 Sec e V [ate r 3, „71:1„.X8 ' ayur 34L.11 S 7° ,f item- + ,1 . . Search eafCh w -..-.. For this Record... Fillnq his!ery mrd °t Summary Gca trr(i ficate ur yti'.�od I' :,torn, Sl,l, ccil>U I,.e.l:11i ntxlfi�:,rlrn Details un>�e„cr;!ae i,„n...maa 1n011rz,ti:,e Name Wile down by the river Iid. Statue Good Standing Formation date 0911612014 amens.mew, ausn,oa tnvrmat,on ID number 20141560774 Form Limited Liability Company aasfnzss searih Jurisdiction Colorado Periodic report month September Term of duration Perpetual I AQs,Glossal./and nnorn,at+o„ Principal office street address 105 s union eve,Pueblo,CO 81003,United States Principal office mailing address n/a Registered Agent Name Wine down by the river ltd Street address 105 s union eve,Pueblo.CO 81003,United States Mailing address Ma 1 Jjflitol„/4nd accLnnunts Uet ce,iiticate of qo ra standjeq FIIr;a lOtte rcure t us!ness iihng Seb>cnre to email nnohhCatirn i;n jr nb:t ti ars email moth'carton Back http://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEn... 4/15/2015