HomeMy WebLinkAbout14258
RESOLUTION NO. 14258
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 7, 2019, AND SEPTEMBER 12, 2019,
TO HOLD THE 2019 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
7, 2019, from 7:30 am to 9:30 am. and Spaulding Avenue and 31 Street right-of-way on
September 12, 2019, from 5:00 pm 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 12, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 12, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Dan Centa, 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 7, 2019, AND
SEPTEMBER 12, 2019, TO HOLD THE 2019 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 7, 2019, for the 2019
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 12, 2019, for the
2019 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 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.,Parker Blvd.,31"ST
3. Purpose of Revocable Permit: Corporate Cup 5K Run/Walk Event
4. Authorized Improvements: N/A
5. Commencement Date: September 1 2019 Time: 7:30 a.m.
6. Ending Date: September 7 2019 Time: 9:30 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.
(I) 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 rdvokcd.
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 Arca 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. 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 a day of U U l v ,20 t9 .
PERMITTEE:
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By: C,. YYU Y t)Y`\ 41-\d e.n U C_t o
Title: (-{ (-tVlLj (AVty IVB(.tDr
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.. +tel
The foregoing instrument was acknowledged before me the 71 day of ^J 1 20 b
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My commission expires: ^ --2,e
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DOM TRAND Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184024824
MY COMMISSION EXPIRES JULY 28,2022 VpROVED this , day of ,204 .
PUEBLO,a Municipa Corporation
B ''��• `
Y
icholas A. ra tsar, Mayor
CA--6/7/17
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:
I. 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., 31st ST
3. Purpose of Revocable Permit: Corporate Cup 1 Mile Run/Walk Event
4. Authorized Improvements: N/A
5. Commencement Date: September 12,2019 Time: 5:00 p.m.
6. Ending Date: September 12,2019 Time: 7:30 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 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 Arca 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.
(I) 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 4 ermittee 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 withoyt 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) Pemiittee 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).
(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. 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 cr-,"?- day of \J Uj y ,20 / 7 .
PERMITTEE:
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By: L Yu1QVCY� P[YI6 V1 uC(U
Title: -i}e tU'1Ai �VI '{Y'( (QC tD1^
STATE OF COLORADO )
COUNTY OF PUEBLO )ss_
t. 0
-7
The foregoing instrument was acknowledged before me the : day of „ ' , 20 /CJ b� 2
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My commission expires: - Z6 a2-Z
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DEWI BERTRAND Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20184024824
MY COMMISSION EXPIRES JULY 28,2022
APPROVED this (/
5" day of r• ,20q.
PUEBLO, a Municipal Corporation
By
Nicho as radisar,Mayor
CA-- 6/7/17
July 15, 2019
Pueblo City Council
1 City Hall
Pueblo, CO 81003
Dear Pueblo City Council Members:
The 35th 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 35th 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 7th 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 12th 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,
Janelle Andrews
President/CEO
YMCA of Pueblo
719-543-5151 ext. 221
jandrews@puebloymca.org