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Home My WebLink About13449 RESOLUTION NO. 13449 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION AVENUE FROM CITY CENTER DRIVE TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE / ALAN HAMEL AVENUE FROM CITY CENTER DRIVE TO MAIN STREET ND TO HOST THE 22 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 the Pueblo Chamber of Commerce for the use of Union Avenue from City Center Drive to B Street, C Street from Victoria Avenue to Main Street, D Street from Victoria Avenue to Main Street, and Grand Avenue / Alan Hamel Avenue from City Center Drive to Main Street from September 19, 2016 at 7:00 a.m. until nd September 27, 2016, at 5:00 p.m. to conduct the 22 Annual Chile and Frijoles 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: June 13, 2016 BY: Ed Brown City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: JUNE 13, 2016 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 AVENUE FROM CITY CENTER DRIVE TO B STREET, C STREET FROM VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE TO MAIN STREET, AND GRAND AVENUE / ALAN HAMEL AVENUE FROM CITY ND CENTER DRIVE TO MAIN STREET TO HOST THE 22 ANNUAL CHILE AND FRIJOLES FESTIVAL SUMMARY: Attached is an application for a revocable permit submitted by the Pueblo Chamber of Commerce to conduct their annual Chile and Frijoles Festival. PREVIOUS COUNCIL ACTION: A Revocable Permit is requested each year to host the Chile and Frijoles Festival. 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 / Alan Hamel Avenue from September 19, 2016 at 7:00 a.m. until September 27, 2016 at 5:00 p.m. to conduct nd the 22 Annual Chile and Frijoles 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: Union Ave from City Center Drive to B St; C St from Victoria Ave to Main St, D St from Victoria Ave to Main St, and Grand Avenue / Alan Hamel Ave from City Center Drive to Union St and from Main St.to Santa Fe 3. Purpose of Revocable Permit: 22' Annual Chile& Frijoles Festival 4. Authorized Improvements: 5. Commencement Date: September 19.2016 Time: 7:00 a.m. 6. Ending Date: September 27 2016 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 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. (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 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 I I day of AACW1 ,20 I TERRI E. KALLISH PERMITTEE: NOTARY PUBLIC 9 be. c®IMY��Q I'e•t _ STATE OF COLORADO Organization: NOTARY ID#20094005794 MY COMMISSION EXPIRES FEBRUARY24,2017 By: Title: "? °1.S1d'en STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the I I day of M ` , 20 I4' by Qoci as ve skier ceo My commission expires: [SEAL] Notary Public APPROVED this 13th day of June ,2016 PUEBLO, . ' • Ipa1 Corpo 0,'on By � 'r"'` ity Council CA—4/6/10 Ri W 2ND ST 6 ..3 , . w z Lil ICE ARENA / , . w W 1ST ST ., y• •, f l',,„ /44,,,,,,,, AI,, ,, //1,,•'.; ..4111.;r1,4<::, 111; 1:r I /,;t: ,t:' :-I',.:',•;:‘'''''.,: •.,:;.;Z', 1\,\t-„..,.'Is IX-7" ''4,1;,''''' '\' 'N'•,t''\\ N :3 . ,.,, i /..-•-/ N., t,- -,7 re- 4\.,•:. 'N.^. , /$':' / s\lik:\a' , Z:r: \ N'i,, ,:^'...., ''.*•t ''' \ NN , CI ,... ,. • ,#(• / ;‘cN.,t4 " \ \ co , \\'\,,,,\ , - / / . " 4"4 \..:\,,*,:., \ .\ s‘ \\.,\ ., . \ 4....,k. ts>„ sk-‘` 12- '- / A<C, •:;i:bsr, '-;1;::, 4.`..y*, :,,,- 4 k° '"'`,(-/•;;. ' \ ' .,•';.. s''''' CO 4110010: /2>111 (e. ••,;;.- • • • t.S'?, 40NP- •,/,',. \-N?" 0 4` Y I \ h GREATER" PUEBLO CHAMBER 302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org May 11,2016 Sam Azad City Manager City of Pueblo 200 S.Main Street Pueblo,CO 81003 Dear Mr.Azy SOL'. The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 22nd Annual Chile and Frijoles Festival. The dates and hours of the festival are as follows;Friday, September 23, 2016 from 3:00 PM until 11:45 PM, Saturday, September 24,2016 from 8:00 AM until 11:45 PM,and Sunday September 25,2016 from 8:00 AM until 7:00 PM.We are requesting to close the following streets and parking lots for set up and tear down. Convention Center overflow parking lot between Union Ave. and South Main from 8 AM Monday September 19, 2016 to 5 PM Tuesday September 27,2016. SRDA Parking lot from Tuesday September 20th, 2016 to Tuesday September 27th, 2016. Put up and take down an Entertainment Tent and possibly Alan Hamel from Union Ave.to South Main St. Grand Ave from City Center Drive to Union from 7 AM Wednesday September 21, 2016 to 5 PM Monday September 26,2016 to put up and take down an entertainment tent and set up Farmer's Market. D Street from Victoria to Union from 7 AM Thursday September 22,2016 to 5 PM Monday September 26,2016 to put up and take down an entertainment tent. C Streets from Victoria to Union from 7 AM Thursday September 22,2016 to 5.PM Monday September 26, 2016 to put up and take down an entertainment tent. Union Ave from City Center Drive to B Street and C and D Street from Union to South Main and Alan Hamel from Union to South Main at 6 AM on Friday September 23,2016 to 7 AM Monday September 26,2016. Memorial Hall and Angelo's and PBR and El Pueblo History Museum parking lots from 6 AM Friday September 23,2016 to 7 AM Monday September 26,2016. We will put barricades and caution tape around the landscaping in the island on Union from 1" to Grand. No vendors will be allowed to use tent stakes. All waste will be collected throughout the festival and disposed of in dumpsters provided by the Chamber. Rock Sacks will be placed on all storm inlets. Sincerely, 4 Rod Slyhoff 7/4/ PLIEBL ��'i