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RESOLUTION NO. 13642
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
TO HOST THE 23RD 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 20, 2017, at 7:00 a.m. until
September 25, 2017, at 5:00 p.m. to conduct the 23rd 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 March 27, 2017
BY: Ed Brown
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: March 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, P.E., 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
CENTER DRIVE TO MAIN STREET TO HOST THE 23RD 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:
Revocable Permit and Resolution approved.
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 20, 2017 at 7:00 a.m. until September 25, 2017 at 5:00 p.m. to conduct
the 23rd 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 the 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 Ave,
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: 23rd Annual Chile& Frijole Festival
4. Authorized Improvements:
5. Commencement Date: September 21 2017 Time: 7:00 a.m.
6. Ending Date: September 25.2017 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 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).
(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. ll (�
Signed in Pueblo,Colorado this 02 day of -r`'�tl`)c1- ,20 ) .
TERRI E. KALLISH PERMITTEE:
Notary Public on• {P�eb(o Chom��,- 9
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State of ColoradoNotary ID# Organizati
005794
M Commission Ex0 res 02-24-2021
By:
Title: r lae� r/Ccv
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
112
The foregoing instrument`` _ was acknowledged before me the day of UQ , 20 1 by
Od Vh 1 G)6�/J as ' Ke, .) �ie�/Gel
My commission expires: 4 'a"i4`0"6 Z I
[SEAL] L1F W
Notary Public
APPROVED this 27th day of March ,20 17 .
P 0, a M cipal Corpo : io
By
President of the ity Council
CA-4/6/10
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THE GREATER'
PUEBLO CHAMBER
We eilikellt(flui���
302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org
January 2,2017
Sam Azad
City Manager
City of Pueblo
200 S.Main Street
Pueblo,CO 81003
Dear Mr.Azad:
The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 23rd Annual Chile and
Frijoles Festival. The dates and hours of the festival are as follows;Friday,September 22,2017 from 3:00 PM until
11:45 PM,Saturday,September 23,2017 from 8:00 AM until 11:45 PM,and Sunday September 24,2017 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 18,
2017 to 5 PM Tuesday September 26,2017.
SRDA Parking lot from Tuesday September 19, 2017 to Tuesday September 26, 2017. 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 20, 2017 to 5 PM Monday
September 25,2017 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 21,2017 to 5 PM Monday September 25,2017 to
put up and take down an entertainment tent.
C Streets from Victoria to Union from 7 AM Thursday September 21,2017 to 5 PM Monday September 25,2017 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 22,2017 to 7 AM Monday September 25,2017.
Memorial Hall and Angelo's and PBR and El Pueblo History Museum parking lots from 6 AM Friday September
22,2017 to 7 AM Monday September 25,2017.
We will put barricades and caution tape around the landscaping in the island on Union from 1St 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,
,/91(
Rod Slyhoff
Kitt
PUEBLC --