HomeMy WebLinkAbout13809RESOLUTION NO. 13809
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE HISTORIC ARKANSAS
RIVERWALK OF PUEBLO AUTHORITY FOR USE OF VICTORIA
AVENUE BETWEEN GREENWOOD STREET AND D STREET,
GREENWOOD STREET BETWEEN CITY CENTER DRIVE AND
VICTORIA AVENUE, AND ELIZABETH STREET BETWEEN 2ND
STREET AND GREENWOOD STREET TO CONDUCT THE 17TH
ANNUAL HOLIDAY LIGHTING EXTRAVAGANZA
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Historic Arkansas
Riverwalk of Pueblo Authority for the use of Victoria Avenue between D Street and Greenwood
Street, Greenwood Street between City Center Drive and Victoria Avenue, and Elizabeth Street
nd
between 2 Street and Greenwood Street, on November 24, 2017, from 3:00 p.m. until 10:00
p.m.
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-7
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 HISTORIC ARKANSAS RIVERWALK OF PUEBLO AUTHORITY FOR
USE OF VICTORIA AVENUE BETWEEN GREENWOOD STREET AND D
STREET, GREENWOOD STREET BETWEEN CITY CENTER DRIVE AND
VICTORIA AVENUE, AND ELIZABETH STREET BETWEEN 2ND STREET AND
GREENWOOD STREET TO CONDUCT THE 17TH ANNUAL HOLIDAY
LIGHTING EXTRAVAGANZA
SUMMARY:
SUMMARY:
Attached is an application for a revocable permit submitted by the HARP Authority to conduct
their annual Holiday Lighting Extravaganza.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permit approval in previous years.
BACKGROUND:
The Historic Arkansas Riverwalk of Pueblo Authority has requested the use of Victoria Avenue
between D Street and Greenwood Street, Greenwood Street between City Center Drive and
Victoria Avenue, and Elizabeth Street from 2nd Street to Greenwood Avenue to hold their Holiday
Lighting Extravaganza on November 24, 2017 from 3:00 p.m. until 10:00 p.m.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will modify the location of the events and potentially canceling event all
together.
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: HARP Authority, 125 Riverwalk PI, Pueblo, CO
81003,(719)595-0242
2. Permitted Area: Victoria Ave between D ST and Greenwood ST, Greenwood ST between City Center DR
and Victoria Ave,and Elizabeth ST between 2"d ST and Greenwood ST.
3. Purpose of Revocable Permit: Holiday Lighting Extravaganza
4. Authorized Improvements: N/A
5. Commencement Date: November 24.2017 Time: 3:00 p•m•
6. Ending Date: November 24 2017 Time: 10:00 p.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 cafe, 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, I 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 Lk day of 0 . 6 C ,20 Fi .
JANET F.ARCHULETA PERMITTEE:
NOTARY PUBLIC
STATE OF COLORADO Org nation:
NOTARY ID 20084017912 By: 11.1.k.,
4 ,—.0 FS OLP (t
MY COMMISSION EXPIRES MAY 21.2020 loir
Title: met G! est ' S ` • L.•A /aft CQA‘CSY't (` OftCYl f,
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
Tc 1
APA
t e foregoing instrument wasLSi r ,acknowledged� before me the day of OC h4L.0 , 20/7 ,�by_
K `i.
` . asT n'o-k-ir�rv��' t�(Y ofl rte, ` O. C .
My commission expires: W1/er(i_01// 0,7 O .
[SEAL] '/k} v/ ( / Q-1\t LI
Notary Public
APPROVED this 23rd day of October ,2017 •
PUEB ! . f .. orpo . ion
10
By 1�.�.._
.'��il.. • ouncil
CA—4/6/10
i mn qui. unur.r.
1E „WALK Historic Arkansas Riverwalk of Pueblo
P u r:B1.0
125 Riverwalk Place
Pueblo,Colorado 81003
Telephone: (719)595-0242 Fax: (719)583-4696
www.puebloriverwalk.org
October 4,2017
To Whom It May Concern:
The HARP Authority will be hosting its"17th Annual Holiday Lighting Extravaganza”on Friday, November 24, 2017. The event will
be held from 5:00 pm to 8:00 pm from the Riverwalk Welcome Center to Lake Elizabeth area. This event will feature a holiday
lighting ceremony, holiday concert series, boat rides, and fireworks.
It is necessary to close streets surrounding the area to assure the safety of the pedestrians attending the event to watch the
fireworks show. We are asking for the following street to be closed: "Victoria Ave. between the intersection of Victoria and
Greenwood and HARP Market Place and Victoria on Friday, November 24, 201 1 beginning at 4:00 pm to 10:00 pm.
A-1 Rental will barricade and close the area listed above: "Victoria Ave. between the intersection of Victoria and Greenwood and
HARP Market Place and Victoria. A map showing the requested street closure is attached,along with the$50 permit fee, $500
deposit and certificate of insurance to allow for the street closure.
Thank you,
Lynn Clark
Executive Director
Pueblo Riverwalk
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