The URL can be used to link to this page

Home My WebLink About14664RESOLUTION NO. 14664 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO STATE FAIR, FOR USE OF THE SMALL AVENUE RIGHT-OF-WAY, BETWEEN EUCLID AVENUE AND SCRANTON AVENUE, TO ALLOW FOR PARKING SCHOOL BAND BUSES AND EQUIPMENT VEHICLES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the Colorado State Fair for the use of Small Avenue between Euclid Avenue and Scranton Avenue, on August 28, 2021, from 5:00 am to 6:00 pm, for parking school band buses and equipment vehicles. 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 authorized to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED July 26, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July, 26 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE COLORADO STATE FAIR, FOR USE OF THE SMALL AVENUE RIGHT- OF-WAY, BETWEEN EUCLID AVENUE AND SCRANTON AVENUE, TO ALLOW FOR PARKING SCHOOL BAND BUSES AND EQUIPMENT VEHICLES SUMMARY: Attached is an application for a revocable permit submitted by the Colorado State Fair to use Small Avenue. PREVIOUS COUNCIL ACTION: Resolution and Permit Approved. BACKGROUND: The Colorado State Fair is requesting the closure of Small Avenue, between Beulah Avenue and Scranton Avenue, on August 28, 2021, from 5:00 am to 6:00 pm. This will allow for parking school band buses and equipment vehicles and provide a safe environment for loading and unloading of students, teachers, and equipment. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent the road closure and require an alternate parking location. 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 herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee:Colorado State Fair, 1001 Beulah Ave. Pueblo, CO 81004 (719)404-2005 2. Permitted Area: Small Avenue from Scranton to Euclid 3. Purpose of Revocable Permit: Band day bus parking 4. Authorized Improvements: N/A 5. Commencement Date: August 28th 2021 Time: 5:00 am 6. Ending Date: August 28th 2021 Time: 6:00 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 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 (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. (in) 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; (v)revocation or termination of this Permit by resolution of the City Council of City;or(vi) revocation by the Mayor as provided in paragraph (p).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. (o) Permittee acknowledges and agree that use of the Permitted Area shall be conducted in compliance with applicable laws and regulations including but not limited orders,regulations and directives issued by the Governor,Colorado Department of Public Health and Environment and the Pueblo County Department of Public Health and Environment with respect to COVID-19 (`COVID-19 Regulations"). Seven days prior to Commencement Date, Permittee shall submit in writing to the Revocable Permit Review Committee those actions Permittee shall take to assure protection of the public health and compliance with COVID-19 Regulations. (p) Permittee further acknowledges and agrees that this Permit is temporary and subject to revocation or termination if the purpose of the permit or any potential activities to be conducted under the Permit is determined by the Mayor of City,in his sole and absolute discretion,to not he in furtherance of and/or contrary to the public health or welfare due to COVID-19 or related issues. Such determination and termination may be issued at any time, 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. (q) Nothing in this Permit shall be interpreted to limit or prevent the protections afforded to City under the Colorado Governmental Immunity Act, C.R.S.§24-10-101,et seq. Signed in Pueblo,Colorado this \ day of �A \-i' ,20a\ . C(@ ' TEE: If ir Orga111, 16.( I S.I 1i�� V-6::‘c B Y: i,, l l Title: •• STATE OF COLORADO ) COUNTY OF PUEBLO )ss_ The foregoing instrument was acknowledged before me the ` day of V ),‘\ , 20 a l by `J( \ ` as >C CA0. %kir . �My commission expires: r��l \'\ J abaLk . e [S E MICE JUNE ARMIJO (4,LC._Q NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20204013897 Q lft MY COMMISSION EXPIRES APRIL 14,2024 APPROVED this a, day of 1" ,20a/. PUEBLO,a Municipal Corporation 94'W.* it By Nicholas .Gradisar,Mayor Covid-19