HomeMy WebLinkAbout13774RESOLUTION NO. 13774
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO VICTORY OUTREACH PUEBLO FOR
THE USE OF THE CENTRAL AVENUE AND CEDAR STREET
RIGHT-OF-WAY, BETWEEN PINE STREET AND DIVISION
AVENUE, TO HOST THE 2017 LEGACY OF HOPE
CELEBRATION, ON SEPTEMBER 16, 2017, FROM 8:00 AM TO
6:00PM
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Victory Outreach Pueblo for
the use of the Central Avenue and Cedar Street right-of-way, between Pine Street and Division
Avenue, on September 16, 2017, from 8:00 am to 6:00pm.
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 September 11, 2017
BY: Ed Brown
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: September 11, 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 VICTORY OUTREACH PUEBLO FOR THE USE OF THE CENTRAL AVENUE
AND CEDAR STREET RIGHT-OF-WAY, BETWEEN PINE STREET AND
DIVISION AVENUE, TO HOST THE 2017 LEGACY OF HOPE CELEBRATION,
ON SEPTEMBER 16, 2017, FROM 8:00 AM TO 6:00PM
SUMMARY:
Attached is an application for a revocable permit submitted by Victory Outreach Pueblo for use of
the Central Avenue and Cedar Street right-of-way.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Victory Outreach Pueblo is requesting the use of the Central Avenue and Cedar Street right-of-
way, between Pine Street and Division Avenue, on September 16, 2017, from 8:00 am to 6:00
pm, to host the 2017 Legacy of Hope Celebration.
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 cancelled or moved to another location.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Barricade Plan
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: Victory Outreach Pueblo,919 E Evans Ave,Pueblo,CO
81004,(719)671-9595
2. Permitted Area:Central Avenue and Cedar Street between Pine Street and Division Avenue
3. Purpose of Revocable Permit: Legacy of Hope Celebration Event
4. Authorized Improvements: N/A
5. Commencement Date: September 16,2017 Time: 8:00 am
6. Ending Date: September 16.2017 Time: 6:00 pj
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).
(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 n day of Otj ,20 \f .
BRIDGETT NICOLE AUMILLER PERMITTEE:
NOTARY PUBLIC Organization: \ \C_ O-C6v..'«t c c r
STATE OF COLORADO
NOTARY ID 20144029611 BY: e
O.i O \\-tJo
MV COMMISSION EXPIRES 01/28/2018 . Title: V`�`{\CLI:N.Qt I R e . cc- 0,-(1.m\-c\,_
STATE OF COLORADO )
COUNTY OF PUEBLO )ss
Th foregoing instrument was acknowledged before me the 114h day of Ct�l,lqLL t 0t 7 by
\J '6S as Fola r'l eh / min, 2kl•S�fee Gd
My commission expires: " ) 6)I 2
[SEAL] � _. .�� � _ .. . , ` '
Nota Pub ice"
APPROVED this 11th day of Seotember ,20 17
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August 17, 2017
To who it may concern,
Re: Revocable Permit Application
We are requesting the public right away of the 700 block of Central Avenue between Pine and Cedar
streets. However due to the barricade, we are requesting closure from Pine to Divide Streets.
Thenameo/eveniisLhe2odA:nua} ^Legacyo[H0PECe|ebebon^' acomb|uedeKoAbyVicio/y
Outreach Pueblo and Victory Homes, along with other concerned citizens and agencies.This event will
take place at Bessemer Park on Saturday, September 16\h' 2017 from 11:00am 3:00pm. (8:00am set
up) The purpose of this barricade is because we will be hosting a car show during the above event in the
requested area of streets.
Last year our event generated an enormous amount of support arid interest due to the dedication of our
community to eradicate harmful drugs from our dty. We had hundreds of people in attendance last
year and our advertisements and promotional materials reached many people throughout our
community. We have a diverse lineup including speakers, music per formances, arid testimonials.
Individuals will be representing education, recreation, youth services, recovery, law enforcement and
community sectors.
Thank you for partnering with us and others of mutual purpose to accomplish the task before us.Joining
together to invest in the city of Pueblo,
Our Mission:To unite the community of Pueblo around a common purpose, in order to bring
awareness, education, resources and HOPE to those who have been impacted by drugs and their effects
on our community. We will celebrate HOPE and the success of individuals who have overcome drug
addiction and are positively contributing to our community.
Victory Homes International, Luke Edwall, Director Sandy Vallejos, Finances/Resources
Victory Outreach Pueblo Office: Phone:(719)214-7062 Phone: (719)671-9595
919 E. Evans Ave. Pueblo,CO 81004 Email:vopmenshome@gmail.com Email:sandeag|e4031@hotmaiicom