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Home My WebLink About13818 RESOLUTION NO. 13818 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND PARKER BOULEVARD TO HOST THE 10TH ANNUAL TURKEY TROT-5K RUN/WALK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the YMCA of Pueblo for the use of Spaulding Avenue and Parker Boulevard on November 23, 2017, from 8:00 a.m. until 10:00 a.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 November 13, 2017 BY: Ed Brown City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 13, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE AND PARKER BOULEVARD TO HOST THE 10TH ANNUAL TURKEY TROT-5K RUN/WALK SUMMARY: Attached is an application for a revocable permit submitted by the YMCA of Pueblo to conduct their annual Turkey Trot-5K Run/Walk. PREVIOUS COUNCIL ACTION: Resolution and Revocable Permit approval. BACKGROUND: The YMCA of Pueblo has requested the closure of Spaulding Avenue and Parker Boulevard on November 23, 2017, from 8:00 a.m. until 10:00 a.m. to host the 10th Annual Turkey Trot 5K Run / Walk. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will change location of event or cancel the event. 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: YMCA of Pueblo,3200 E Spaulding Ave, Pueblo, CO 81008,(719)543-5151 2. Permitted Area: Spaulding Ave and Parker Blvd 3. Purpose of Revocable Permit: Turkey Trot 5k Run/Walk 4. Authorized Improvements: N/A 5. Commencement Date: November 23,2017 Time: 8:00 a.m. 6. Ending Date: November 23,217 Time: 10:00 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, 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). (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(t)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,aand liability of the City. I Y Signed in Pueblo,Colorado this 30 4) day of 0 G' l f ,20 ' • PERMITTEE: (� Organi tion:, i I . hie. . r.J BY / fr � a e/ 1 Title: Presi d 1 / (K- STATE iSTATE OF COLORADO ) COUNTY OF PUEBLO )ss.. The foregoing instrument was acknowledged before me the 00 day of c?fl66k , 20/7 by �.�.>fo 41 f rf'L.LN as MN/'g--7/ My commission expires: 01 [ SEAL] 411 Notary Public APPROVED this 13th day of November ,20 1 7 DOUGLAS HENRY LAURITZEN PUP' • 4 a o •. ion �. NOTARY PUBLIC B — STATE OF COLORADO Presisen . _e try Council NOTARY ID 20154033956 MY COMMISSION EXPIRES AUGUST QT,2019 CA—6/7/17 ru t h e FOR YOUTH DEVELOPMENT �`49' FOR HEALTHY UVING FOR SOCIAL RESPONSIBILITY October 30,2017 Pueblo City Council 1 City Hall Pueblo,CO 81003 Dear Pueblo City Council Members: When most people think of Thanksgiving they think of the three F's—football, family and food. The YMCA of Pueblo would like to add a fourth "F"to the equation—FITNESS! This Thanksgiving Day the YMCA of Pueblo will conduct our 9th Annual Turkey Trot 5K Run/Walk and 1K Kids Fun Run. This event is being held to promote families getting healthy together with all the proceeds benefiting the YMCA's annual Community Support Campaign. The goal of the Trot is to get friends, families and co-workers moving on a day typically known for inactivity. The YMCA of Pueblo supports strong kids,strong families and strong communities and we want all to be represented at the Trot. But the Turkey Trot also serves a much greater purpose in that it supports children and families in our community by allowing them the opportunity to participate in YMCA programs and services that they otherwise would not be able to afford. The Trot starts and ends at the YMCA Community Campus, 3200 Spaulding Avenue. The 5K Run/Walk begins at 9 a.m.and is a timed event with awards given to the top 2 finishers in each age divisions, The 1K Kids Fun Run begins at 8:30 a.m.and is free and open to children 12 years old and younger. We are requesting a revocable permit for this event which would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd. from 8 a.m. to 10 a.m. on Thursday, November 23, 2017, Thanksgiving Day. We don't anticipate this causing much of an inconvenience as most,if not all the businesses around the YMCA will be closed for the holiday. Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration. Sincerely, 4OMcWLUZ( Halle An news sident/CEO CA of Pueblo •-543-5151 ext. 221 jandrews@puebloymca.org YMCA OF PUEBLO 3200 E.Spaulding Avenue,Pueblo CO 81008-2279 P 719 543 5151 F 719 544 3780 www.puebloymca.org j