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Home My WebLink About13559 RESOLUTION NO. 13559 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF-WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DR TO INSTALL HOLIDAY DECORATIONS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Downtown Association, for the use of the right-of-way at Union Avenue and City Center Drive, also known as Headwaters Fountain, beginning November 15, 2016 and ending January 16, 2017. 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: November 14, 2016 BY: Ed Brown City Clerk’s Office Item # M-20 Background Paper for Proposed Resolution COUNCIL MEETING DATE: NOVEMBER 14, 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 DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF- WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DR TO INSTALL HOLIDAY DECORATIONS SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Pueblo Downtown Association, to install holiday decorations at the Headwaters Fountain at Union Avenue and City Center Drive. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Pueblo Downtown Association requests the use of the right-of-way at Union Avenue and City Center Drive, also known as the Headwaters Fountain, to install holiday decorations for the holiday season. Installation will begin November 15, 2016 and will be removed January 16, 2017. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: None RECOMMENDATION: Approval of this Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, and Map. (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 1 S _. day of 'Alp VP h1 b.p.{ ,20/60 . PERMITTEE: Organization: P l e,b I p Dp0n tf)lei'1 ASSOC i BY' loinpuf D,66/0t, ..MAL/fi O Title: - i V 2 STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the 1 A- day of ijouen .rbCr- , 20 /(n by 1110cjC1r'e+ G . Ward rnacS/0 s' as Ekec�,-1-111c, [ irecAc, M commisa xermeg ) 6 l 11 q NOTARY PUBLIC STATE OF COLORADO 1 f [ A I ]NOTARY ID 19954001904 `Tit (o. L -(.P/AL1 CC►� MY COMMISSION EXPIRES FEBRUARY 3,2019 Notary Public APPROVED this 14th day of November ,20 16 • PUEBLO • • ' ipa C , .tion By `resident o the City Counci -�-' CA-4/6/10 r �..� ' gli 4 V:\- to, k f L. ,,. ,... tommer . \ ,,,, tio. , r �;�4414":".. ti ,,� f *--i Q ' $ l - . t'-.'‘ i' ' - 0 "r 0 f r k vw *` A. ,, I► II' 4 nN, k►..,'' . 4 \ . AN:, , :i‘,.'H 54 / : . . AAP1 1 ', ' °` . • / • e 0 > -1 . ,,, / : in . * , ,,, 7 -, , =, ,, , . ,Aidie ) ♦ w . ‘4°.de 4441' 440:. r wr `11 + .. -r $ ;ai X .ii TeV {{l `-.1 i• s ' Wr i , . 2 Holiday Decorations Display: Headwaters Parkway, City Center Dr. &Union Ave. The Pueblo Downtown Association is installing holiday decorations which will be installed yearly in mid- November and removed about year end. They consist of a 20' "tree" (wrapped tubes with lights) which will be located near the fountain. In addition the light poles will be wrapped with red and white lights in a candy cane effect and four deciduous trees will be wrapped with white lights. The display will be installed, removed and stored by Southern Colorado Holiday and Event Lighting owned by Dayton Robinson. This is an ongoing display which will be installed yearly and may be added to for two to three years. Margaret Ward-Masias Executive Director Pueblo Downtown Association 719-543-7155