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14302
RESOLUTION NO. 14302 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE PUEBLO DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF-WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DRIVE TO INSTALL HOLIDAY DECORATIONS BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Pueblo Downtown Association, for the use of the right-of-way at Union Avenue and City Center Drive, also known as Headwaters Fountain, beginning November 24, 2019 and ending January 12, 2020. 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 October 28, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 28, 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 DOWNTOWN ASSOCIATION, FOR THE USE OF RIGHT-OF- WAY AT THE HEADWATERS FOUNTAIN LOCATED AT UNION AVENUE AND CITY CENTER DRIVE TO INSTALL HOLIDAY DECORATIONS SUMMARY: This Resolution approves the issuance of a Revocable Permit to the Pueblo Downtown Association, to install holiday decorations at the Headwaters Fountain at Union Avenue and City Center Drive. PREVIOUS COUNCIL ACTION: Resolution and Revocable Permit Approval. BACKGROUND: The Pueblo Downtown Association requests the use of the right-of-way at Union Avenue and City Center Drive, also known as the Headwaters Fountain, to install holiday decorations for the holiday season. Installation will begin November 24, 2019 and will be removed January 12, 2020. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None ALTERNATIVES: None 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: Pueblo Downtown Association,503 N.Main Street,Suite 652,Pueblo,CO 81003, (719)543-7155 2. Permitted Area:Headwaters Plaza 3. Purpose of Revocable Permit: Holiday Lighted Decoration Display 4. Authorized Improvements: 5.Commencement Date:Nov.24,2019 Time: 6.Ending Date:Jan. 12,2020 Time: 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 cafe,the Permittee and sidewalk cafe shall he subject to all the provisions,conditions and requirements contained in section 9-10-84 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$500.00 ("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittees 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 Permittees 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, 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 he 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 he 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 he 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 he 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, 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 Permittees obligations under paragraph(I)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(c). (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. 64—' Signed in Pueblo,Colorado this a day of � ,20 /C PERMITTEE: Organizati n: f)1/[12 b i o Le)1 f tt n 14.5s©C I mi By: 62,1C�Ig t( eU-U l.+-‘,24/:4/0 Title: G x Pe f ✓e Owed-or STATE OF CO,ORADO) COUNTY OF PUEBLO)SS.. The foregoing instrument was acknowledged before me the of.'-/-)Fx day of 1.10 4- ,20 lc by (ykgrnere.f et • • - • - U-t rrtc JANE yt� My commission expires: • NOTARR PUBLIC Y PUBLICRENDA ki„ STATE OF COLORADO • ISEALj NOTARY ID19964001904 Notary Public APPROVED this fr day of Akl ,20g. PUEBLO,a Municipal Corporation BY Xeifigae‘ reAdesellif Nicholas A.Gradisar,Mayor Puebla 503 N. Main Street, Suite 652 I♦� Do,It Vi �'�`' �V � � P(�b9lj,5 O 81553 Association margaret@pueblodowntown.com www.pueblodowntown.com Aug. 29, 2019 Mr. Nicholas Gradisar, Mayor City of Pueblo 1 City Hall Place Pueblo, CO 81003 Dear Mayor Gradisar, The Pueblo Downtown Association is submitting a request for a revocable permit to place a holiday display at Headwaters Plaza. The display consists of lights configured as a large Christmas tree near the fountain and lights on surrounding trees. The display will be installed November 24, 2019 (weather permitting) and removed January 5 or 12 again depending on weather. The display is installed, removed and stored by Southern Colorado Lighting a division of Pueblo Lawn Cop. We have installed this display for the past three years; the City has agreed to waive the $50 fee for the project for all three years. Please feel free to contact me if you need further information. Sincerely, jyaleetlel12.i‘&i2i-ii et/a Marg al`et Ward-Masias Executive Director w VI ,,- inimii,„, , , --. -14'it ilkt 1 41 VOli t UPI ; 4 , , „, . bil * ., 4.. Mill . _ Allil; * ii, "7 r r VII 1111110 ii nil ,,,, o / ' \ ‘,.;„ - IAllv 10 y 40' 'fir + .�:. ito 4t d 1,41(1 ,4' \ A44 AO 's1 '; r 11460,;411 \ ,,. ....,0, „,,,v 4,„ le . 1., ita , - lio, 4.,. t rilx . ,, . . w ,..„, \ , ,,,,, ♦r , ,, 1441 , ILIC"40441 ';'';ilk lib e i 4.y 9 i > 4 ;' -�-4. , arm/•E, It lr �✓ ; p ./.;.,,,,„.„ ., i , i„, /1 ( i + , ,,,,, . 1. to Air lira I dit 4k* Vi4P',11'',:il'''''',--, ' ' - . . Iii ........i , I ii i • EP I Mt 1 610 i/ �_- _ A___ 1 I�_._.1..._.-._. 40.I . 1 ' al hi 1_ LS;.