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HomeMy WebLinkAbout13808RESOLUTION NO. 13808 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF-WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DR TO INSTALL HOLIDAY DECORATIONS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Downtown Association, for the use of the right-of-way at Union Avenue and City Center Drive, also known as Headwaters Fountain, beginning November 11, 2017 and ending January 9, 2018. 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 October 23, 2017 BY: Ed Brown City Clerk’s Office Item # M-6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 23, 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 PUEBLO DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF- WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DR TO INSTALL HOLIDAY DECORATIONS SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Pueblo Downtown Association, to install holiday decorations at the Headwaters Fountain at Union Avenue and City Center Drive. PREVIOUS COUNCIL ACTION: Resolution and Revocable Permit Approval BACKGROUND: The Pueblo Downtown Association requests the use of the right-of-way at Union Avenue and City Center Drive, also known as the Headwaters Fountain, to install holiday decorations for the holiday season. Installation will begin November 11, 2017 and will be removed January 9, 2018. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval STAKEHOLDER PROCESS: None ALTERNATIVES: None 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: Pueblo Downtown Association,503 N Main St,Ste 652, Pueblo,CO 81003,(719)543-7155 2. Permitted Area: Headwaters Fountain (Union Ave & City Center Dr.). This permit only extends to City streets,avenues alley or public places and does not extend to private facilities including utility owned light poles. 3. Purpose of Revocable Permit: Holiday Decorations 4. Authorized Improvements: Holiday Decorations 5. Commencement Date: November 11,2017 Time: N/A 6. Ending Date: January 9,2017 Time:N/A 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. (0 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. The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (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 i i' day of t t ft b4€{ ,20 / 7 . PERMITTEE: Organization: P11.4 1v Poo)/I t otoil a SSC2 la- , 67 7 By: VVOAC afif 0 I� //(aLe0 4 Title: (2(0-,(1--I VP Di re f f D ►— STATE OF COLORADO ) COUNTY OF PUEBLO )ss.. / - The foregoing instrument was ackno ledged before me the /2 day of el- Z��c/1 , 20 / 'by RC1.`lc Ce (_,(_,,C. Cr i,- ' c\ G C� Lc�.J aseC�t t UV 1.£i-(( . My coimAission expires: in l( ) 1 9 . '(,[SEAL] n Notary Public APPROVED this 23rd day of October ,2017 . EIL 'T L PUEB .z,a Mui' 'pal Corp. ton NOTARY PUBLIC STATE OF COLORADO By —mp�_..=_w.:-= -- NOTARY ID 20074038010 Pres .- . - y ouncil MY COMMISSION EXPIRES OCT. 10, 2019 CA—6/7/17 Holiday Decorations Display:Headwaters Parkway,City Center Dr.&Union Ave. The Pueblo Downtown Association is installing holiday decorations which will be installed yearly in mid- November and removed about year end. They consist of a 20' "tree" (wrapped tubes with lights)which will be located near the fountain. In addition the light poles will be wrapped with red and white lights in a candy cane effect and four deciduous trees will be wrapped with white lights. The display will be installed,removed and stored by Southern Colorado Holiday and Event Lighting owned by Dayton Robinson. This is an ongoing display which will be installed yearly and may be added to for two to three years. Margaret Ward-Masias Executive Director Pueblo Downtown Association 719-543-7155 is us imp um For the past 25 years and more, the Pueblo Downtown Asso- garland wrapped units placed first and on the most traveled streets so ciation's lighted holiday decorations have welcomed visitors to the that they can be seen during the day as well as after dark.While they Downtown area.The lights which hang on the older poles which still look small when you are standing on the ground,these decorations are have outlets for electricity should be going up about the middle of all between 6' and 7'tall; they are also about 12'-15' feet above the November. Black Hills Energy has been great about helping us get ground.We do have some extra units which we would be happy to sell them up before the Parade of Lights which occurs on the Saturday after at a"used"price if you are in need for decorations for your business or Thanksgiving.While not the huge displays that more affluent entities other property. can mount,the decorations do bring a touch of Christmas to the area. We will also be enhancing the large display which we placed at the The Association has purchased more than 100 decorations over the Headwaters Plaza last year.Additional trees and poles will be wrapped years;now we only have access to poles to accommodate about 80 of with the "candy cane" lighting so that everything on the Plaza will the decorations.As we have done the past few years we will have the t continued on page 2 41141141111 Alt al ttt 111 idk 41 411 i 1 ___ , *I ,,,.': ;`,t• , ., . ..0 tt,,,L, ' / ,,-- \ l '1, , .:,, 1, .„ 1., ,,, • \.,,,,,,' '6. ii, I Y,I.K ,at"' ' .-' . _ • it6 IA itt,-,-1 , - .14- , -..:',:: .„ ., , p , -, ,,,,.: — , --,,,„ ,i,..,,, .. ,, .-- „ t 1,„ -' - „t I ° •-•...- -4.,'---4' i., 4 t 0 ';'' ,iiiie,,),„„Li'di,m, se 4 a'$''''' r'It* * . Aotiii 1#,, „or. -,0;,,, ,,,.....a664„iiii,A- y,,,,„,flo* 0 404% .,., '"'',,,,,,, , ,,,,,:i °,.4 i' .. 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