HomeMy WebLinkAbout14273RESOLUTION NO. 14273
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF
COMMERCE FOR THE USE OF UNION AVENUE FROM CITY
CENTER DRIVE TO B STREET, C STREET FROM VICTORIA
AVENUE TO MAIN STREET, D STREET FROM VICTORIA
AVENUE TO MAIN STREET, AND GRAND AVENUE / ALAN
HAMEL AVENUE FROM CITY CENTER DRIVE TO MAIN STREET
TO HOST THE ANNUAL CHILE AND FRIJOLES FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to the Pueblo Chamber of
Commerce for the use of Union Avenue from City Center Drive to B Street, C Street from Victoria
Avenue to Main Street, D Street from Victoria Avenue to Main Street, and Grand Avenue / Alan
Hamel Avenue from City Center Drive to Main Street from September 18, 2019, at 7:00 a.m. until
September 23, 2019, at 7:00 a.m. to conduct the Annual Chile and Frijoles Festival.
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 26, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 26, 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 A REVOCABLE PERMIT
TO THE PUEBLO CHAMBER OF COMMERCE FOR THE USE OF UNION
AVENUE FROM CITY CENTER DRIVE TO B STREET, C STREET FROM
VICTORIA AVENUE TO MAIN STREET, D STREET FROM VICTORIA AVENUE
TO MAIN STREET, AND GRAND AVENUE / ALAN HAMEL AVENUE FROM CITY
CENTER DRIVE TO MAIN STREET TO HOST THE ANNUAL CHILE AND
FRIJOLES FESTIVAL
SUMMARY:
Attached is an application for a revocable permit submitted by the Pueblo Chamber of Commerce
to conduct their annual Chile and Frijoles Festival.
PREVIOUS COUNCIL ACTION:
Revocable Permit and Resolution approved.
BACKGROUND:
The Pueblo Chamber of Commerce has requested the use of the right-of-away located on
portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue / Alan Hamel
Avenue from September 18, 2019 at 5:00 a.m. until September 23, 2019 at 7:00 a.m. to conduct
the annual Chile and Frijoles Festival.
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, 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
hereinc n aine l and the Perm ee's co pliance therewith: Atr✓*4blO * v 0 .� tcG
nvoler
So?1.san Ft One WODW C. bi"S 419:5424 4011 .b g�}. wl nd•f row+G�`I
1. Name,Address and Telephone Number of Permittee:tSn1Qn AV .. O+n CAN C nkr
2. Permitted Area: C` GIr 4 W1rOf1r k1O11 44A44A0161 4voni 1)114140 S. A.V$• 00 4rcmth 4�Orts 40 S• ni
111
3. Purpose of Revocable Permit:COI F O(o" V tlh' ric.io S.MG l\i *v west AUC .f v.M C* �o �.$ ,°left".
4. Authorized Improvements: � W
Mgr1Q'4) (Men• ( 'bGG100101+��
5. Commencement Date: 'Cpl"'1S,284Time:SAM
6. Ending Date:se -z ZO19 Time: q-AM
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. 1 �� _
-"h1c .qat OW'A petALI ltAS)�°RO0t on A tio.lm .( /Potts* lot'a,,,a'au►4 i b�i td l n9
Mu% koti lit, .► Fk1.11 lot lof-to f�e+►n�- o�+Ar ee°s *Ad �}
cA-6i�i1� conn unt0�AO Vewe%Go,- C';'�1 lob-along ute.As'orta. 411:"Y‘ Orr
Qt/ef J .•
(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, 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. 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 q day of 3019 ,20 i 1Q
.
PERMITTEE: n
Organization.` [+s � taker) Chb.MtK.r o C M ce''
By:
Title: dcn11 CEO
STATE OF COLORADO )
COUNTY OF PUEBLO )ss. Q (�
The f. •l oing instrument as acknowledged before me the I day of JO 11-1 , 20 r / by
o d Si ho _ as �r tir�1'i"1 CEO
•
My co fission 41/411 E. K .li• ~ ''4' ,Zi
t State of Colorado `� 15(ac.4..[SEA ] Notary ID#20094006794 `
M Commission Expires 02-24-2021
Notary Public
APPROVED this al? day of ,20 /p .
PUEBLO,a Municipal Corporation
B ��
Y
Ntc o as A. radisar,Mayor
CA—6/7/17
THE GREATER"
____ PUEBLO CHAMBER
We again otiudineea
302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org
July 9,2019
Nick Gradisar
Mayor
City of Pueblo
1 City Hall Place
Pueblo,CO 81003
Dear Mr. Gradisar:
The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 25th Annual Chile and
Frijoles Festival. The dates and hours of the festival are as follows; Friday, September 20,2019 from 3:00 PM until
11:45 PM, Saturday, September 21,2019 from 8:00 AM until 11:45 PM,and Sunday September 22,2019 from 8:00
AM until 7:00 PM.We are requesting to close the following streets and parking lots for set up and tear down.
On Wednesday the 18th at 5 AM we will close Grand from City Center Drive to Union and Alan Hamel from Union
to So. Main to install 2 entertainment tents. We will also close PURA's parking lot from Alan Hamel to the
entrance off of So. Main to the alley to set up the Farmers market and Chile Roasters. These streets will open by 5
PM Monday the 23rd.
On Thursday the 19th at 5 AM we will close C Street from Union to So. Main and D Street from Victoria to Union
and part of the City parking lot on Victoria to set up 2 entertainment tents. We will also close the parking lot
between Angelo's and the Water Front building and the City parking/PBR lot off of Union to the PBR doors to put
up 2 Tents. SRDA's Parking lot will also close on that day. These areas will remain closed until Monday at 5 PM.
On Friday the 20th at 5 AM we will close Union from City Center Dr.to B Street, Victoria from Union to Grand, D
Street from Union to So. Main,C Street from Union to the alley. We will also close the rest of the city lot on
Victoria and the PBR lot on Victoria. These areas will all open by 7 AM Monday the 23rd.
We are securing permission to use the PURA lot, PBR lot and the SRDA lot.
We will put barricades and caution tape around the landscaping in the island on Union from 1st to Grand. No vendors
will be allowed to use tent stakes. All waste will be collected throughout the festival and disposed of in dumpsters
provided by the Chamber. Rock Sacks will be placed on all storm inlets.
Sincerely,
Rod Slyhoff
PUEBLO
W 2ND ST p
J
W IIZ
W
W ICE ARENA
rx
M N� /
^ 6, 6 W 1ST ST p
in 41,
cr 0" \-1 ./ 'i
�S
6
O
h h , J��
is
5� �8d c G�[,
,i e vi,
F
i
os
r
Q\PP
,�O
JAG ,S
P- \-S
J� � p I
�G�P O��C
I�