HomeMy WebLinkAbout14035
RESOLUTION NO. 14035
A RESOLUTION AUTHORIZING THE ISSUANCE OF
REVOCABLE PERMITS TO YMCA OF PUEBLO FOR THE USE
OF SPAULDING AVENUE, PARKER BOULEVARD, AND 31ST
STREET, ON SEPTEMBER 8, 2018, AND SEPTEMBER 13, 2018,
TO HOLD THE 2018 COPORATE CUP 5K AND ONE MILE EVENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permits are authorized to be issued to the YMCA of Pueblo for
st
the use of the Spaulding Avenue, Parker Boulevard, and 31 Street right-of-way on September
st
8, 2018, from 7:30 am to 9:30 am. and Spaulding Avenue and 31 Street right-of-way on
September 13, 2018, from 5:00pm to 7:30 pm.
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: August 27, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 27, 2018
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Jeff Bailey, P.E., Acting Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF REVOCABLE PERMITS
TO YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE, PARKER
BOULEVARD, AND 31ST STREET, ON SEPTEMBER 8, 2018, AND
SEPTEMBER 13, 2018, TO HOLD THE 2018 COPORATE CUP 5K AND ONE
MILE EVENT
SUMMARY:
Attached is an application for a revocable permit submitted by YMCA of Pueblo for use of
st
Spaulding Avenue, Parker Boulevard and 31 Street.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permits Approved.
BACKGROUND:
The YMCA of Pueblo is requesting the use of the public right-of-way on Spaulding Avenue, Parker
st
Boulevard, and 31 Street, from 7:30 am to 9:30 am, on September 8, 2018, for the 2018
Corporate Cup 5K walk/run event. The YMCA is also requesting the use of the public right-of-way
st
on Spaulding Avenue and 31 Street, from 5:00 pm to 7:30 pm, on September 13, 2018, for the
2018 Corporate Cup 1 Mile walk/run event.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will cause the events to be canceled or moved to another location.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permits, 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 Ibilowing 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: of PU ebl o, 3. C0 b.s fautd f ol AYL , P14bi 0,C U, S IlX''
2. Permitted Area: SpA►a.laktt� AY t Ramie eivd, 3l strut llq-543 5IS I
3. Purpose of Revocable Permit: Corora eve S—k t t k.//v�( a✓C�t-'�"'
4. Authorized Improvements:
5. Commencement Date: SQettrrtettY ', I3 Time: `7 Soar"
6. Ending Date: SeptQ i r adl Time: q 3,an.,
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 he
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 timr a sidewalk cafe, the Permittee and sidewalk cafe shall he subject to all the provisions.
conditions and requirements contained in section 9-I0-84 of the Pueblo Municipal Code, or as same may he 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
S500.01)("Deposit"). The Deposit will he forfeited to the City if Pennittee 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.
(c) Before the 'I tine of the Ending Date, or immediately upon any other termination of this Permit. Pei-motet.' 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.
(t) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair, tree from litter,waste arid
debris.
(gI 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 Permiftec. its officers. tgerns. employees_
invitees or general puhlic
(h) Neither this Pennit 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('itv. Any attempted con eyance.assignment. transfer or subletting of
the Permit or Permitted Area...ithout the n iucn con,eni of the City Council of Pueblo shall he .,id and of no cited and shall cause this
Permit to be autonruically re.oked.
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(it Pennine,: shall keep and maintain commercial geietal liahilitc insurance royentg the Permitted :Area and Improyenents in
amounts not less than S1.(10bi_000.O(I combined single limits per occurrence and aggregate. n;ening the Cita as an additional insured and
kontait a waiver of rights of subrogation against City A certificate tier such insurance and rash rencmcal thereof shall he delivered to the
City. Failure to maintain such insurance shall cause this Permit to he automatically revoked.
(j) Frees.landscaping and shrubbery within or adjacent to the Petnuoted Area shall be protected front damage or injury by Permittee
and shall not be removed except after receipt by the Permittee of the\1/4 rater'consent of the City's Director of Parks and Recreation.
(kl Any nonce or other document required or permitted herein shall he in writing and delivered personally or by first class mail,
postage prepaid,as billows:
tit If to Permittee,at the address shown in paragraph I altos e
(til If to('ttv. I City Hall Place,Pueblo.Colorado.8I0(11.Attention: Revocable Permit Review Committee
f-ach party reserves the right to change its address provided notice of such change is gisen in accordance sloth this paragraph(k).
(I1 City reserves and is hereby granted by Permittee access to. under and through the Permitted Area or any and all purposes ('its
may injure. damage or remove any and all Permilice's Improvements in the Permuted Area in exercising the right of access hereby
reserved and granted_ Permittee assumes the risk of injury. loss and damage to Penntttee s Improvements within the Permitted area,and
City shall have no responsibility or liability for any damage or injuries thereto. whatsoever the cause. including. hut not limited to, the
acts or omissions of City.its offices,employees.or agents.
eau This Permit shall terminate upon the occurrence of any one of the following events: (it the Time of the Ending Date. (ii)
abandonment or non-use by Pernmtee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing
by Permittee. (iv) automatic resocation as provided in paragraphs (hi and lit above: or(5 1 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
pautgraph 1fl until the Authorized Improvements have been removed by Permittee in compliance vkith paragraph lel
tin Permittee acknowledges and agrees that this Permit is temporar and suhlect to revocation or termination by resolution of the City
Council of ('ttv, in its sole discretion, for any reason or no reason.at anytime. yvithout liability to City. and syithout notice to or hearing
by Permittee- Pennittee wary any and all rightgqor claim to such nonce. hearing,and liability oldie City.
Signed in Pueblo. Colorado this
1 day of0l9G" 71 'C)
PER MITfF.I.:
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STATE OF C ORADO
ISF \ 1NOTARY ID 20011022393
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APPROVFD this 27th__. day of August . 2018
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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 prow isions
herein contained and the Permittee's compliance therewith.
. Name, Address and Telephone Number of Permittee:ymat C Pebr0, 3200 E.SpaaIdJn3 qVt. Pveb(o,co y1002
2. Permitted Area: SpatLid,lr,3 Ave- , ctarKkr 6lVQ 31st Street 119- 943-Si 51
3. Purpose of Revocable Permit: Corpocck-t . Cep t Mt1e. W[iAK/1?IAfl Ewe
4. Authorized Improvements:
5. Commencement Date: Septtrnber i3, Time: 5 .Oo pnm
6. Ending Date: SeptorlUr 13, d0 I S Time: 1. 30 pr'"'
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT(THE"PERMIT") REPRESENTS,WARRANTS ANI)AGREES:
(a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Arca shall he
made before the time of the Commencement Date.
(b) All structures, fences,tables,chairs,equipment or other improvements authorised to be placed in the Permitted Area by Permittee
(the "Improvements") shall he 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 icor a sidewalk cafe. the Permittee and sidewalk cats 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 ',haII be tied-down or chained to any tree within or adjacent to the
Permitted Area nor shall any Improvement he installed or located ut such a manner as to hinder or interfere with the opening of motor
vehicle doors or passenger movement to and front motor vehicles parked adjacent to or near the Permitted Area.
(dl 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
5500.(1(1("Deposit"). The Deposit will he fortcited 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 •Fine 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 clears and restore the Permitted Area wits original
condition. Failure to timely remove all of Pennittee's Improvements from the Permitted Area and clean and restore the Pen-tutted Area to
its original condition shall constitute Pennittee's abandonment of the Permittee's Improvements, and('ity may, at Permittce's expense.
remove and dispose of Permittee's Improvements and clean and restore the Permitted Arca 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.
1 tl Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair. tree (ruin litter.waste and
debris.
(gi 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 induectly. front
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 Arca or Improvements by Permittee, its officers, agents, employees.
invitees or general public.
(hi Neither this Permit nor any of the privileges granted to Permittee hereby. may be conveyed. assigned, transferred on sublet by
Pcrminee without the prior written consent of the City Council of Cit s .Any attempted conveyance,assignment, trins(er or subletting of
the Permit or Permitted,Arca wohout the written consent of the t it Council of Puchlo shall be and and ant,chest .and shall cause this
Permit to be automatically revoked.
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permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in
amounts not less than S1.000,0(400 cumhntcd sin le limits per occurrence and aggregate.mwnutg the City as an additional insured and
contain a w:user of rights of subrogation against City, A certificate fir 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.
It I Trees.landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee
and shall not he removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.
k1 Any nonce or other document required or permitted herein shall he in writing and delivered personally of by first class snail.
postage prepaid,as follows
If to Permittee,at the address shown in paragraph I above
Int If to City. I City Hall Place.Pueblo,Colorado.XI($1 .Attention:Revocable Permit Rev icw Committee
Lich party,reserves the right to change its address provided notice of such change is Insert in accordance with this paragraph(k).
di 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 Permitree's Improvements in the Permitted Area in esereIsing the right of access hereby
reserved and granted_ Permittee assumes the risk of injury. loss and damage to Pei-mince`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 mrmssions of City.its officers,employees.or agents.
tau this Permit shall terminate upon the occurrence of any one of the following events: (it the lune of the Lnding Date, flit
abandonment or non-use by Permittee fur a period of three I It consecutive months,(nil surrender or cancellation of the Permit in writing
by Permittee, (ivl automatic revocation as provided in paragraphs Ott and it above: or is I revocation or termination of this Permit by
resolution of the City Council of City. The termination of this Permit shall not relieve Pernmtee from Pernuttee's obligations under
paragraph t ft until the Authorized Improvements have been renoyed by Permittee in compliance with pmugiaph let.
tut Pernuttee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution(tithe City
Council of(its. in its sole discretion, for any reason or no reason.at anytime. vsithort liability to City. and vsithout notice to or hearing
by Pei-mince. Permittee waives any and all right or claim to such notice.heanng.and liability lit.the City
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Signed in Pueblo,C'alurado this I day of_ f 14t 2 O_
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NOTARY
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APPROVED this 27th day of August . 2018__
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the FOR YOUTH DEVELOPMENT
FOR HEALTHY LIVING
�� FOR SOCIAL RESPONSIBILITY
July 31, 2018
Pueblo City Council
1 City Hall
Pueblo, CO 81003
Dear Pueblo City Council Members:
The 34th Annual Pueblo YMCA Corporate Cup is just around the corner. Last year the Corporate Cup impacted 28 companies
and over 3,000 participants by promoting healthy lifestyles in our community. This year we are excited about the potential of
impacting even more companies for our 34th year of promoting a commitment to health, fitness and wellness activities through
our annual event.
We are requesting two revocable permits for two separate Corporate Cup events. Saturday, September 8th from 7:30 a.m. to
9:30 a.m. for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd. and
Thursday, September 13th from 5:30 p.m.to 7:00 p.m.that would enable us to close the right-in only road of 31st Street for our
1 Mile Run. We don't anticipate this causing any inconvenience as we have done it in years past with no issues.
Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration.
Sincerely,
hituv
a lle Andrews
r sident/CEO
YMCA of Pueblo
719-543-5151 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