HomeMy WebLinkAbout13776RESOLUTION NO. 13776
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE WINE DOWN BY THE RIVER,
LTD., FOR THE USE OF RIGHT-OF-WAY AT 105 SOUTH UNION
AVENUE TO PARTICIPATE IN THE 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 Wine Down by the River,
Ltd., for the use of the right-of-way at 105 South Union Avenue from 8:00 a.m. on September 22,
2016 until 6:00 a.m. on September 25, 2016.
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-8
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 THE WINE DOWN BY THE RIVER, LTD., FOR THE USE OF RIGHT-OF-WAY
AT 105 SOUTH UNION AVENUE TO PARTICIPATE IN THE ANNUAL CHILE
AND FRIJOLES FESTIVAL
SUMMARY:
This Resolution approves the issuance of a Revocable Permit to the Wine Down by the River,
Ltd., to participate in the annual Chile and Frijoles Festival.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permit Approval.
BACKGROUND:
The Wine Down by the River, Ltd. has requested the use of the right-of-way at 105 South Union
Avenue from September 22, 2017, at 8:00 a.m. until September 25, 2017, at 6:00 a.m. to
participate in the annual Chile and Frijoles Festival. Although the Pueblo Chamber of Commerce
has applied for a Revocable Permit for this event, the State Liquor Law is requiring the Wine Down
by the River, Ltd., to modify its licensed premises in order to sell alcohol outside the premises of
their establishment.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will prevent participation in the festival.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat
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: Wine Down By The River, 105 S. Union Ave., Pueblo,
CO 81003,(719)289-2139
2. Permitted Area: Right-of-way directly in front of 105 S. Union Ave.
3. Purpose of Revocable Permit: To participate in the annual Chile& Frijoles Festival
4. Authorized Improvements: N/A
5. Commencement Date: September 22.2017 Time: 8:00 a.m.
6. Ending Date: September 25.2017 Time: 6:00 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).
(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 -m7#51-h day of A-1 20 l
PERMITTEE: - ( '
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Letter of Intent
To whom it may concern:
I Michael Velarde /Wine Down By The River I'm requesting permission for a revocable
permit to participate in the 2017 loaf and jug chili and frijole festival in the Union Avenue
historic District our intention is to utilize the front of our building for an outdoor
temporary patio for the weekend event.
Thank you for your time
Michael Velarde
THE GREATER"
mummig PUEBLO CHAMBER
We eilfeart oWuaureea
302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org
August 4, 2017
To Whom It May Concern:
The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo
to conduct the Annual Chile&Frijoles Festival September 22,23 and 24,2017. The permit allows
the Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1St Street
to B Street.
The Greater Pueblo Chamber of Commerce agrees to provide Wine Down by the River the use of
the sidewalk and 10 feet of the street in front of 105 South Union Avenue on September 22, 23,
and 24, 2017 during the 23rd Annual Chile & Frijoles Festival. We understand that the
management of Wine Down by the River is applying to extend their liquor license into the above
stated area to serve food and liquor.
Wine Down by the River is to provide secure fencing with a single point of entrance to this area
from Grand Avenue. They will provide security during business hours to ensure that no liquor
will be allowed outside of the fenced area and no liquor will be allowed into the stated area. The
cost of the fencing and the security for this area is the responsibility of Wine Down By River.
Sincerely,
Xf24,
Rod Slyhoff
President and CEO
s
PUEBLO