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Home My WebLink About13720 RESOLUTION NO. 13720 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO COLORADO SCORPION FESTIVAL, LLC FOR THE USE OF THE ALLEY WAY BETWEEN UNION AVENUE AND VICTORIA AVENUE, FROM WEST B STREET TO WEST C STREET, AND WEST C STREET FROM UNION AVENUE TO VICTORIA AVENUE, FROM 10:00 AM, AUGUST 19, 2017, TO 12:00 AM, AUGUST 20, 2017, TO HOLD THE COLORADO SCORPION FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Colorado Scorpion Festival, LLC for the use of the alley way between Union Avenue and Victoria Avenue, between West B Street and West C Street, and West C Street between from Union Avenue and Victoria Avenue, to hold the Colorado Scorpion Festival on August 19, 2017, from 10:00 AM until Midnight. 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 July 10, 2017 BY: Ed Brown City Clerk’s Office Item # M-8 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 10, 2017 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 COLORADO SCORPION FESTIVAL, LLC FOR THE USE OF THE ALLEY WAY BETWEEN UNION AVENUE AND VICTORIA AVENUE, FROM WEST B STREET TO WEST C STREET, AND WEST C STREET FROM UNION AVENUE TO VICTORIA AVENUE, FROM 10:00 AM, AUGUST 19, 2017, TO 12:00 AM, AUGUST 20, 2017, TO HOLD THE COLORADO SCORPION FESTIVAL SUMMARY: Attached is an application for a revocable permit submitted by Colorado Scorpion Festival, LLC for use of the ally way between Union Avenue and Victoria Avenue to hold the Colorado Scorpion Festival PREVIOUS COUNCIL ACTION: None. BACKGROUND: Colorado Scorpion Festival, LLC is requesting the use of the alley way between Union Avenue and Victoria Avenue, between West B Street and West C Street, and West C Street between from Union Avenue and Victoria Avenue to hold the Colorado Scorpion Festival on August 19, 2017, from 10:00 AM until Midnight. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will cause the event to be canceled or held in another location. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Letter from City Manager, Certificate of Liability, Plat, Certified Road Closure 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: Colorado Scorpion, LLC, 125 West B Street, Pueblo, CO 81003,(719)543-9591 2. Permitted Area: Alley way between Union Ave and Victoria Ave from West B ST and West C ST, and West C ST from Union Ave to Victoria Ave. 3. Purpose of Revocable Permit: Colorado Scorpion Festival 4. Authorized Improvements: N/A 5. Commencement Date: August 19.2017 Time: 10:00 a.m. 6. Ending Date: August an,2017 Time: 12:00 a.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—6/7/17 (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 /6 day of t� Pi ,20 /7 . PERMITTEE: / Organization: / /t _/ / • L:i / (/!c� L 1-6 . By: 79, Title: Aro ,LJ` STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. Their / foregoing instrument\� was acknowledged before me the R9 day of j lAJLS n , 20(7 by `u(7 0L.A• 'I -l"1� ( 1 as °& b'�O C6 ti aC-) My commission expires: Z` �v( . [SEAL] Notary Pu lic� APPROVED this 10th day of July ,2017 . 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P / " 4(:11111101P \ 11,, eik . • "i g >_ . 536408012 ♦% A V f 536408007 F Y 536408013 a, . , 536343001 ,, r tit1, de;e07;/'''''' ` .. • 536408011 s1, 836408008 /, . 5364260 ),..--,11_-,..�N� ;; � ! cs. �! tij^)r`,,wr)rAd 1� ` �u 3-ea'��el ?rE' i Lgaii., ty 9 w IKONCILJA AND IKONCILJA, P.C. ��h_. Attorneys at Law wirmif 'weir; The Arcadia Building • 125 W."B"Street• Pueblo,Colorado 81003 (719)543-9591 • Fax(719) 543-0247 Joseph A.Koncilja James R.Koncilja June 16, 2017 Pueblo City Council 1 City Hall Place Pueblo, CO. 81003 RE: Letter of Intent (Revocable Permit) Ladies and Gentlemen, It is my hope that the City Council will allow me to use portions of the city streets and alley ways of the Union Avenue Historic District to host an event entitled the "The Colorado Scorpion Festival" which I propose to present on Saturday, August 19, 2017 from 10:00 o'clock a.m. until midnight. This event will build upon an event previously held in the Pueblo's Neon Alley in September of 2016. The reason for the naming of the event as the "The Colorado Scorpion Festival" is because of the interesting imagery of the scorpion as well as the fact that scorpions fluoresce neon blue / green under ultra violet light and frequently are referred to as neon arachnids. The scorpion is also hugely associated with the arid southwest as well as Mexico and this has a common link with Pueblo and southern Colorado. The event that I envision will hopefully be an ongoing annual event increasing in interest and scope in succeeding years.As entertainment centerpieces for this production I intend to rely on actual scorpions racing, luchadores (masked Mexican wrestling), and a Mexican bingo called loteria,Mescal and Mexican beer tasting,and a"drag beauty contest"entitled"The Chiquita Pageant". In addition, I intend to unveil a new aspect of Neon Alley which showcases the work of local graphic artist Mo Valdez which will be referred to as "Mo's Alley Gallery". I also will illuminate some of my newest and largest neon signs to date. As in the past, this festival will feature multiple musical acts,food and drink, show girls, street performers and will have the flavor of a South American street fair and celebration somewhat akin to the "Brazilian Carnivale" with the image of the scorpion prominently represented. In order to accomplish this, I am requesting a revocable permit vacating the alley from B to C street between South Union and South Victoria(Pueblo's Neon Alley)for this use as well as West C street from South Victoria to South Union. This should provide me enough space in conjunction with the other property that I own in the vicinity to allow these multiple events to take place. I believe there are no other scorpion festivals in the United States or anywhere else except in India and would promote the unique nature of this festival as a potential national attraction. It is hoped believe there are no other scorpion festivals in the United States or anywhere else except in India and would promote the unique nature of this festival as a potential national attraction. It is hoped that this event can be an annual one which can expand exponentially dependent only upon imagination and execution and at no cost to the city government. I hope you can assist me in my effort. • A i 'i Joe Koncil Sam Azad t. city of One City Hall Place 1111. City ManagerE . Pueblo, CO 81003 John Vigil Phone(719)5532655Assistant City Manager c o l o ra d o Fax(719)553-2698 Office of the City Manager June 15, 2017 Re: Permission for Event I have reviewed planning for an event entitled "The Colorado Scorpion Festival"to be held on August 19th, 2017, from 10:00 a.m. to 12:00 midnight. As the City Manager for the City of Pueblo, I hereby endorse the holding of said event subject to all conditions placed upon its principal and agents by the appropriate licensing entities for the City. I specifically approve the vacation of the alley from C Street to B Street between the 300 blocks of S. Union and Victoria and the closing of C Street between S. Union and Victoria to accommodate this event. Done this / day of _ 2017 ./\/‘. i45-11 Sam Azad Date City Manager