The URL can be used to link to this page

Home My WebLink About13561 RESOLUTION NO. 13561 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND PARKER BOULEVARD TO TH HOST THE 9 ANNUAL TURKEY TROT-5K RUN/WALK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Young Men’s Christian Association of Pueblo for the use of Spaulding Avenue and Parker Boulevard on November 25, 2016, from 7:00 a.m. until 10:00 a.m. 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-22 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 YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND PARKER TH BOULEVARD TO HOST THE 9 ANNUAL TURKEY TROT-5K RUN/WALK SUMMARY: Attached is an application for a revocable permit submitted by the Young Men’s Christian Association of Pueblo to conduct their annual Turkey Trot-5K Run/Walk. PREVIOUS COUNCIL ACTION: A Revocable Permit is approved each year to host the Turkey Trot. BACKGROUND: The Young Men’s Christian Association of Pueblo has requested the closure of Spaulding Avenue and Parker Boulevard on November 24, 2016, from 7:00 a.m. until 10:00 a.m. to th host the 9 Annual Turkey Trot 5K Run / Walk. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will modify the location of the events. 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: YMCA of Pueblo, 3200 E Spaulding Ave, Pueblo, CO 81008 (719)543-5151 2. Permitted Area: Spaulding Ave and 31st Street. 3. Purpose of Revocable Permit: 2016 YMCA of Pueblo Turkey Trot 5K Fun Run/Walk 4. Authorized Improvements: 5. Commencement Date: November 24,2016 Time: 0700 6. Ending Date: November 24,2016 Time: 1030 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 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). (I) 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 9 day of A/to✓ / c-rs ,20!6 . PERM ITTEE: {{?� 1' �,�II,_� Organ' ation: 7F yvebto B . al IP anduno Y. Title: Pre51.Ce/ Il CEO STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the day of !/C"-«SiC/. , 20/G by "'fel t.f 4",a7c,sCS'w S as C��4 DOWCIAsikeshor 1-1.0(et NOTARY 6 PUBLIC �� LORADO Notary Public NOTARY ID 20154033955 MYCOMMI88• 4.P - • �I At.8 1/.4 '1'27,201= of November ,2016 •UEBL•, . unicipal Cr •'rat'•n Presis- - ity Council CA—4/6/10 1.3 i.^box c€ragg puebl X ACSaF 9Vc Fnct ra ?t 32 €Spaulding Ari X ® X Adm nistiai bn W i'r pub z . �' a " l ,�yy .... .,. „{; l-.. �' • `fir= tri Yj ,.,, '' rtCreJ Unlba uE Spat rang Se I race Cerner � , x, 1�i�ft 32<0East s. uxaElt :'. z�: : a s dlr�AvenUa z� a'' Cen18nn4 a '� •�6 S� �+a � 15.E �z S fi - ° E '! `iHasAtParseWesta . U1 C a L JJ,, q � '�ae Y�j1 {S SI riF- a Z. 9 �.S n 3 E' ta r t YoLgle. A a Mapd„:av?Oidt"ag:e Ta-m• Sc:>d`ee:?ir:c! xeht k"r` 53, .. ",{a "+e, p C ° - a'^ n zetE (F � { Y �S dt"Y`t' d di. '� '�.t ��'t r'�r ,G'S I.� n:' a� ;n ,fi x ' hr , l 4 P.:, n 1131Ah1 C';Q i 4 CGr'�,d t*'nl�.:.utj`t!i'la l ' � k�1 E a 2 � 1`t," ¢e a' 1� i 7 'x 'l� } y !,T �U 4 111102Ui .' ,.k „F •:`....-: r.,tN ",1.er a^:s,.:;�,ef Y:' ,'�...,—, ...i3' 1.,�.N"�:a,�o-� ,;.,*v Mc.x�x , ✓ ,�ror.t:i, x,.:'.i.:ri,.D„s F:;�. x,�b..a:7 r,. ,.�w.'1.. , ?r , y:; w. Right Lane Closed from the corner of Pueblo Blvd and 31st street through Spaulding Ave, down Parker Blvd. Event in Progress sign will be on the corner of Pueblo Blvd and 3152 Street Event in Progress sign will be on the corner of Spaulding Ave and Parker Blvd. 8 y the FOR YOUTH DEVELOPMENT cY FOR HEALTHY LIVING ht, FOR SOCIAL RESPONSIBILITY November 9, 2016 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members The 9th Annual YMCA of Pueblo Turkey Trot 5K Fun Run/Walk is just around the corner. Last year the Turkey Trot had over 400 participants and raised over $12,000 that went into serving needs of the community such as our 6th grade memberships, diabetes prevention programs and many other youth development programs. We are requesting a revocable permit for Saturday, September 10th from 7:30 a.m. to 10:30 a.m.for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd. We don't anticipate this causing any inconvenience as we have done it in years past with no issues. Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Respectively, Garrett Bragg Director of Community Engagement YMCA of Pueblo 719-543-5151 ext 217 gbragg@puebloymca.org YMCA OF PUEBLO 3200 E.Spaulding Avenue,Pueblo CO 81008-2279 P 719 543 5151 F 719 544 3780 www.puebloymca.org