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HomeMy WebLinkAbout13677 RESOLUTION NO. 13677 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ALPINE MOUNTAIN REGION PORSCHE CLUB OF AMERICA (AMR) FOR THE USE OF A PORTION OF THE APRON AT PUEBLO MEMORIAL AIRPORT TO HOST THE AMR WOMEN’S WORKSHOP BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Alpine Mountain Region Porsche Club of America (AMR) for the use of a portion of the apron at the Pueblo Memorial Airport on May 20, 2017 between 7:30 a.m. to 6:00 p.m. to host the AMR Women’s Workshop. 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 and the attached permit to effectuate the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED May 8, 2017 BY: Ed Brown City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 8, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Ian Turner, Director of Aviation SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ALPINE MOUNTAIN REGION PORSCHE CLUB OF AMERICA (AMR) FOR THE USE OF A PORTION OF THE APRON AT PUEBLO MEMORIAL AIRPORT TO HOST THE AMR WOMEN’S WORKSHOP SUMMARY: Attached is an application for a revocable permit submitted by the Alpine Mountain Region Porsche Club of America (AMR) for the use of a portion of apron at Pueblo Memorial Airport to host the AMR Women’s Workshop. PREVIOUS COUNCIL ACTION: None. BACKGROUND The AMR Women’s Workshop is a one day event designed to help women understand their cars better and will be conducted like a driver training class. The event will be held on a portion of the apron that is rarely used and well out of the way of any aircraft traffic. The Transportation Security Administration (TSA) have approved this event and airport staff will be present to ensure compliance with airport security regulations. FINANCIAL IMPLICATIONS: Due to TSA requirements, airport staff are required to monitor the event. This results in additional labor expense that AMR is willing to pay for. The additional labor for monitoring the event amounts to $434.91. The total including the $400 permit fee will be $834.91, and has been collected as part of the application. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: If the permit is not approved, the event will not be held. RECOMMENDATION The Department of Aviation recommends approval of the permit. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Event 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: ju5+rnt 1, Ee++'I 45485 caH c. c+z K Dr' 1. Name,Address and Telephone Number of Permittee: SO 136 303-8-70 --5-2 13 2. Permitted Area: _- , • „, _ ► — s • - 3. Purpose of Revocable Permit:IA rY1Qtf19 kttn. t m Ptrnv-e 4. Authorized Improvements: 5. Commencement Date: ,M4 in 2_e) -7 211 Time: , M 6. Ending Date: ► a 2,0 .7..O I 1 Time: 0', co ID ry- 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 solely for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date or after the Ending 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 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, or 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) Payment of the Deposit and any fees is due in full fourteen(14)days prior to the Commencement Date. If payment is not received fourteen(14)days prior to the Commencement Date,the City may revoke the permit. If the Permit is granted less than fourteen(14)days prior to the Commencement Date,the Deposit and any fees must be paid in full within twenty- four(24)hours after Permit approval. Special locations may require additional costs. (f) Alcohol is not allowed without the proper permits. Permittee is responsible for itself, its officers,agents, employees, invitees and the general public during its use of the Permitted Area. If alcohol is present without the proper permits, Permittee will forfeit all paid deposits and fees,and a summons may be issued for violation of City Ordinance. (g) 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. (h) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter,waste and debris. (i) 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, CA--2/15/2017 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. (j) Permittee shall not damage or impair the Permitted Area in any way, and is liable for the cost to repair any damage or impairment caused by Permittee. Permittee agrees that no noxious or offensive activity shall be allowed upon the Permitted Area. If City finds any damage or impairment following Permittee's event, it will be prima facie evidence that Pennittee's activity caused the damage or impairment and Permittee shall be liable for the costs of repair. (k) 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. (1) In the event the Permitted Area is within the bounds of the Pueblo Memorial Airport,Permittee shall produce an event security plan("Security Plan").The Security Plan shall provide Permittee's responsibilities towards participants and serve to satisfy federal regulations regarding airport security.Permittee may work with the City's Director of Aviation to satisfy this requirement. Failure to provide an adequate Security Plan will result in denial or revocation of the Permit. (m) 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 $2,000,000.00 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. (n) 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. (o) 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) Ifto 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(o). (p) 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 Pennittee'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. (q) 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 this Permit,or (v) Revocation or termination of this Permit by resolution of the City Council of City. (r) City is not liable for delays in delivery,and/or non-delivery in the event of Force Majeure,action by any governmental or quasi-governmental entity, fire,flood,insurrection,riot,explosion,strikes(whether legal or illegal), labor or material shortage,transportation interruption of any kind,work slowdown,or any condition beyond the control of City affecting the Permitted Area or Purpose of the Permit in any way. (s) Permittee shall comply will all applicable municipal,state,and federal law. This includes,but is not limited to, municipal prohibitions on racing,littering,and dangerous activities. (t) The Permit shall be governed by the laws of the City of Pueblo and the State of Colorado. Venue for any action CA—2/15/2017 arising under this Agreement or for the enforcement of this agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado. (u) 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 any time, 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 inl c c ,Colorado this H day of N}(`1 , ,20 I 1 . PERMITTEE: Organization: A +r 0 1 _ • 6 a -. .g r i - h CA By _ d/ i�y_�4 ji _ _ I Tit e:Of -/1-'.�E (30/4/11,`71-ii-re STATE OF COLORADO ) COUNTY OF la, ) • ss.. Y n o . J The foregoing instrument was acknowledged before me the (9 day of 3 z- �. ft-I , 20( 7 by y r°, o 2 as ' m Q� � L 2-I _ IO x ofAC My commission expires: _ y'A m SEAL (..A--ac7 �;c� * [SEAL] No ry Public -••%4§.0§.o V CA, Q N N APPROVED this 8th day of May ,2017 . c c co PU .: 0,a ,'Inicipal Corpor. io B ��"-- — President of the City Council CA-2/15/2017 �� a � l< � a:�!C r c7p . r � w, t .: 2' E B .. ,' , ....'4, .e...„, , ...., .. a) 414 44 M ate, re ' - - "' "„ •,:.,„74444* ' " " „ . 243 a # i co440:041 "4, ,nfJ t i ' °a * sa4 ..- `1 t « +�` A Ad ti ' A. tp . , $0. _ . �i 1 --.t b:#(• ,,,iii. , . ,•_. .. . k. _ ., , ° �� , , .. . ii 'S A' \: ,� +� .� .. , yam,X . 4( • a01 ¢ i . I to _ ,..,„ „, . „ , 1 , . • . . ,.., , ,,,, ,„...., ...t. tii , •T--":' ,. k, *-..' ',, '44:1!'--*'.froifr,'-, 7 ., ., awit.t.,. ....:.„ .....-.., .-I,: , , ., ,....,.....,,, ,- . 0. . ,,,- a.. . ,,,. 1 p k,r. • * r tt �a i .tx a r + 'r i t j i TN� f • A R Ito Loppt:„...1 bas + . > kke «ai � j �. ♦? F �J � P s` } i jk► � 1 t N a t a . , * t+aret+: O W ea m fp 111 Q 6 % ..N\ ALPINE MOUNTAIN REGION PORSCHE CLUB OF AMERICA t, ALPINE MOUNTAIN REGION 6436 South Racine Circle 2nd Floor Suite 200 Centennial CO 8011 1 Letter of Intent Friday, April 14, 2017 Event Name:AMR Women's Workshop Event Date: May 20, 2017 Event Location: Pueblo Memorial Airport-Airport Apron Event Duration: 7:30 AM-6 PM Attendance: 20-40 adults This is a one day event to be held at the on the Pueblo Memorial Airport Apron. This event is designed to help women to understand their cars better. This is not a race and no timing will be kept.This event will be conducted like a driver training class. We will divide up into a maximum of 4 small groups. Group size will depend on number of participants. There are 4 activities that each group will be doing simultaneously, in separate areas of the apron. ACTIVITY DESCRIPTIONS 1)What le That?: This is a instruction class with no moving vehicles. Women will be asked to open their hoods and shown how to check their cars fluids. They will learn how to check tire pressure, what the buttons on their car do,etc. 2)DrIvina with your feet: We will drive in a circle marked by cones at a slow speed. We will have participants increase and decrease speed and see how speed affects your ones radius. 3) How Bla is My Car: Cones will be set up with tall flags in them. Participants will drive forward and stop as close to the flags as possible without knocking them over. This will be repeated in reverse. 4) Brake Brake Brake: Participants will drive a slalom course and at the end of the slalom the will have to stop in a stop box area marked with cones. All 4 tires must be completely in the stop box area. 5) MINI-AX This activity will put the 3 driving activities together. Each participant will take turns, one at a time going through a small course completing:Driving with your feet,how big is my car,and Braking. This will be set up for accuracy-NOT SPEED. Additional Safety Considerations: Activity requires a space that has no obstructions such as; parked cars, pot hoes, lamp posts. The event will not be open to the general public. We do not allow spectators. We do not allow drug or alcohol. All drivers will be required to wear helmets while completing a driving task. All Drivers Must have a valid driver's license. All activities are design to improve accuracy, not fastest speed. All participants must be females 18 years and older,though the average age is closer to 45-65 years old. Thank you for your consideration. Justine L. Estein Justine.EsteinC ESTEIN-Racina.com www.ESTEIN-Racinq.com Work 720-633-8685 Cell 303-870-5213