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Home My WebLink About14571RESOLUTION NO. 14571 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ROCKY MOUNTAIN COLLEGIATE CYCLING CONFERENCE FOR THE USE OF THE SOUTH UNION AVENUE, SOUTH VICTORIA AVENUE, NORTH VICTORIA AVENUE, WEST C STREET AND SOUTH GRAND AVENUE AND THEIR RIGHTS-OF-WAY TO HOST THEIR PUEBLO CHILLY CRITERIUM BICYCLE RACE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to The Rocky Mountain Collegiate Cycling Conference for the use of the downtown streets to include parts of South Union Avenue, South Victoria Avenue, North Victoria Avenue, West C Street and South Grand Avenue and their rights-of-way from April 25, 2021 at 6:00 am, until 6:00 pm to host their Pueblo Chilly Criterium Bicycle Race. SECTION 2. The use of the public rights-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 authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED March 8, 2021 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: March 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE ROCKY MOUNTAIN COLLEGIATE CYCLING CONFERENCE FOR THE USE OF THE SOUTH UNION AVENUE, SOUTH VICTORIA AVENUE, NORTH VICTORIA AVENUE, WEST C STREET AND SOUTH GRAND AVENUE AND THEIR RIGHTS-OF-WAY TO HOST THEIR PUEBLO CHILLY CRITERIUM BICYCLE RACE SUMMARY: Attached is an application for a revocable permit submitted by the Rocky Mountain Collegiate Cycling Conference. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Rocky Mountain Collegiate Cycling Conference requests to use the downtown streets to include parts of South Union Avenue, South Victoria Avenue, North Victoria Avenue, West C Street and South Grand Avenue and their rights-of-way on April 25, 2021, from 6:00 am until 6:00 pm to host their Pueblo Chilly Criterium Bicycle Race. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will cause the event to be canceled or relocated to another location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Map re: Resolution 14571 Reception 2218342 03/23/2021 04:08!53 PM 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: Jim Castagneri 720-215-9116 1. Name,Address and Telephone Number of Permittee: 12157 W Coal Mine Dr. Littleton, CO 80127 2. Permitted Area: Downtown Pueblo,see included Traffic Management Plan 3. Purpose of Revocable Permit: To conduct a bicycle race 4. Authorized Improvements: N/A 5. Commencement Date: April 25,2021 Time: 6:00 am 6. Ending Date: April 25,2021 Time: 7:00 pm 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 he made before the time of the Commencement Date. (b) All structures, fences,tables,chairs,equipment or other improvements authorised to he placed in the Permitted Arca by Permittee (the "Improvements") shall he 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 he tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement he 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 Ices,incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good,clean and sale 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 he 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 2218342 03/23/2021 04:08:53 P11 Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■!ii P.103'14VIIINI+t Itli4 w41,1KktrCIckiII,MU, 111 II (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 cerci licate 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 he protected from damage or injury by Permittee and shall not be removed except alter 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, 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 Permittce's obligations under paragraph(t)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 Ateb+o,Colorado this l a day of IT- 1-1047 ,20 ` 1 . -- (Soti PERMITTEE: Organization: Rocky Mountain ' Ileigiate Cyc• g - •ea"Pueblo Classic" By: Jim Castagnerj !• Title: Race Director/Board M ber STATE OF COLORADO ) COUNTY OF ss OZ The foregoing was acknowledged before me the / day of ' e �4�` , 21'( by �/ ✓Y� (TA SS -h ✓-� as6e___ / lP -- My commission expires: (y /AAldO t� SEAL [SEAL], NofTry Public CHRISTOPHER RICHARD TRACY --1— G / NOTARY PUBLIC STATE OF COLORADO PPROVED this CAC day of _ 20G1�T'—`C l' NOTARY ID 20124013326 'UEBLO,a Municipal Corporation• MY COMMISSION EXPIRES JUNE 10,2024 By _ � _�, Nic olas A. radisar, Mayor CA—6/7/17