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RESOLUTION NO. 14503
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 21, 2020 and ending January 09, 2021.
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 November 9, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: November 09, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Steven Meier, 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 21, 2020 and will be removed January 09,
2021.
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 ST,
Pueblo,CO 81003,(719)543-7155
2. Permitted Area: Headwaters Fountain
3. Purpose of Revocable Permit: Holiday Lighting
4. Authorized Improvements: N/A
5. Commencement Date: November 21 2020 Time: N/A
6. Ending Date: January 09 2021 Time: N/A
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.
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 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 Pennittee from Pennittee'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 2 2nd day of Sept . ,20 2 0
PERMITTEE:
Organization: Pueblo w n4o2.4 w n Assoc .
BY: John Myers
Title: Executive Director
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.. qq
The foregoing instrument was acknowledged before me the a(diAd day of Se t-e , 20 ,2l by
' hr\ Yll VrS as 12 x e.Li I--) ire( try- .
My commission expires: 3/ oZ0�3
),
[SEAL] £
Notary Public
JANE E UR DA
STATE
NOTPABLIC
RY
NOTARY ID 19964001904
MY COMMISSION EXPIRES F INLIARY 3,2023 APPROVED this / day of A'Q�/Q,�,Qjufl' ,20,111,0PUEBLO,a Municipal orporation
By
/( Nic as . adisar,Mayor
CA—6/7/17
Holiday Decorations Display:Headwaters Parkway,City Center Dr.&Union Ave.
The Pueblo Downtown Association is installing holiday decorations which will be installed yearly in mid-
November and removed about year end. They consist of a 20'"tree"(wrapped tubes with lights)which
will be located nearthe fountain. In addition the light poles will be wrapped with red and white lights in
a candy cane effect and four deciduous trees will be wrapped with white lights. Star burst decoration
are placed in the evergreen trees. The display will be installed, removed and stored by Southern
Colorado Holiday and Event Lighting owned by Dayton Robinson. This is an ongoing display which will
be installed yearly.
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