HomeMy WebLinkAbout14192
RESOLUTION NO. 14192
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE EL PUEBLO HISTORY MUSEUM,
FOR THE USE OF VICTORIA AVENUE BETWEEN GRAND
AVENUE AND UNION AVENUE FOR THE PURPOSE OF
CONDUCTING A FARMERS MARKET EVENT EVERY FRIDAY
STARTING JUNE 14, 2019, AND ENDING SEPTEMBER 13, 2019
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the El Pueblo History
Museum for the use of the Victoria Avenue between Grand Avenue and Union Avenue, every
Friday from 8:00 a.m. until 1:00 p.m. from June 14, 2019, to September 13, 2019, to conduct a
Farmers Market.
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 April 22, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 22, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas Gradisar, Mayor
VIA: Brenda Armijo, Acting City Clerk
FROM: Sam Vigil, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO THE EL PUEBLO HISTORY MUSEUM, FOR THE USE OF VICTORIA
AVENUE BETWEEN GRAND AVENUE AND UNION AVENUE FOR THE
PURPOSE OF CONDUCTING A FARMERS MARKET EVENT EVERY FRIDAY
STARTING JUNE 14, 2019, AND ENDING SEPTEMBER 13, 2019
SUMMARY:
Attached is an application for a revocable permit submitted by the El Pueblo History Museum, for
the purpose of conducting a Farmers Market weekly event.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permit approval.
BACKGROUND:
The El Pueblo History Museum is requesting the use of Victoria Avenue between Grand Avenue
and Union Avenue from 8:00 a.m. until 1:00 p.m. every Friday starting June 14, 2019, and ending
September 13, 2019, to conduct a Farmers Market.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will most likely 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: 7740 irEm, 441,4£ -V ;,gQ N �Uv;
ary
2. Permitted Area: 17672)(4"/9 t7+ bO.dt.crtsr.,v j/�`v, )N o c� G.7 c4 d"'` e.
3. Purpose of Revocable Permit' p 4 4Lg j-
4. Authorized Improvements: `3
5. Commencement Date: (i/1 f j7 Time: I!00 4114 / • ooh C 4d lj,,,e
6. Ending Date: 9' / Time: 'pO #i- I ` r7Z/GGitilY
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.
(1) 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 I 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.
(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 22- day of /V 1 f 1972 N! ,20 .
PERMITTEE:
DIANNE M.
ETA
NOTARY PUBLIC Organization: Ef R(.gU/k h BTT) jytt/1r1
STATE OF COLORADO B : SI aA /
NOTARY ID 19984023394
MY COMMISSION EXPIRES AUGUST 13,2020
y
Title:
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
The foregoing instrument was acknowledged before me the 2-214 day of Max ch , 20 2 ) by
1 IN e cor as L7 tr.4 LA b i ti P C} C}t^ .
My commission expires: S �3 0 0 1a
[SEAL] NAL& -c l
Notary Pu lic
APPROVED this Akb day of 004,',44.e ,20
PUEBLO,a Municipal Corporation
By
`
Mayor
CA—4/6/10
Contact: Simon Iearpak
583-0453
•• event perimeter N
t 300'x600' 1 t STREET
i
t
? �, ,�1111111111,- r.=
-.�_-1111 -
W. 11111111••111
I, % i.
1111 1111 1111 1111 .••■ i`<.�..._.-.....r
/ J / ..a•t••ra■ Tro,I t}., J C ' 1 mu:r�)♦.�71.6..A
°a II/ L ./1111/%11 0 4111111.111r. I■■& ',,
-41111111111re- %111111111 Is I
vaimmo
■M..■►,►.�'- ♦ r♦ t.1111■■
c:\ lolimmr5rir 11111111111111 .'
11111.11111
6 .• 4.....
0 :111.4,t4..4o# 1111•.
all //If1a:too z _II _.,....E...ivr_ flaw 26. NIIP4P -0
R��
er,fr.:44/,/, MIIIIIIIIIII
1111111111111 •- 4.\\ Agillb 41* .
I V ARM EMU
qf
IiIIiP ��t f :.■ � \ .■.�11111111
1EUa PUE8L0 MUSEUM fin �1�
is *, ,.,
ni=,
S4
.,*:
"HIM LIM Ian!.wk. ji
ai!*.11 011mit imilmormr, 021t►�'_
. ■■../r 6itl' 1t�i ,/
,4> ..::
■ •
1111111111111r51111,
.4:40,4
.A„ 1111 17R; 1 .2:3:x 4#7 /
1 dIAMINO lr�f . ,,1111••
«4.,i {f
r_
4.
40
�•._, 444.tpi r'. 1111.__ ta....1111. �.. .._ 1111aara �
fleaill
�•..r■ . sway r kti,friil,
(�� r F Y+E.:..., � .-- ..•. /41. •i � _
:1111.. : :
NM
4eri:11114! / 1.i• .� a: +/ 1111_
sass. .irs .�.• � 11-11. �,
1.111 ••s� '/....--,,
.' 1
■u• 1•_111 1111 ,
POW.
egg -* * 11 11 v M,.li 'fir, ' ;: ,'\ \
a•a.t ' 1111
: '''.'4,.'`.,‘.''''.',N. 4,'//:,,,, '.. filiri:11(::•5;.•";%:r0;..tipiriatik \I* //...„-.
I!
rims+ ,,!
..../....../ 4,11 ammo ,„, iiip,.
\3 i (yr e? 1 r ' lee e..
ii �- / fi sns r srt[a
ytAO/ K� N •S97t
111111
:nn ...R�r Y+ �'R f ! l� f 7/ , Or CL MAC✓ •AM
112:111! •` tl► q ,,.4� i�AE[7 C , ' f+ `. 1111. rri ARe l
,/�" � '•11n �I f��/v �`fF f, fpr •gii
Es!
HISTORYgolto_
EL PUEBLO HISTORY MUSEUM
Michael Barela
Department of Transportation
350 S.Grand Ave.
Pueblo,CO 81003
Dear Mr. Barela,
This letter is to request your consideration of approval to utilize the adjoining park and El
Pueblo History Museum parking lot to host the El Pueblo Farmers Market every Friday from
Friday,June 14, 2019 to Friday, September 13, 2019 from 8:00 a.m. to 1:00 p.m.The El
Pueblo Farmers Market brings together farmers from Southern Colorado as well as craft
vendors.The event will feature music and also food truck vendors.
El Pueblo History Museum will apply for all the necessary permits as required by the City of
Pueblo. The event will be free and open to the public. The El Pueblo Farmers Market has
become a staple event in downtown Pueblo.
Thank you,
Simon Tearpak
Deputy Director
El Pueblo History Museum
I
EL PUEBLO HISTORY MUSEUM 1 301 N UNION AVENUE 1 PUEBLO,CO 81003 1 ELPUEBLOIIISTORYMUSEUM.ORG