HomeMy WebLinkAbout14675RESOLUTION NO. 14675
A RESOLUTION AUTHORIZING THE ISSUANCE OF
REVOCABLE PERMITS TO YMCA OF PUEBLO FOR THE USE
OF SPAULDING AVENUE, PARKER BOULEVARD, AND 31ST
STREET, ON SEPTEMBER 11, 2021, AND SEPTEMBER 16,
2021, TO HOLD THE 2021 CORPORATE CUP 5K AND ONE MILE
EVENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permits are authorized to be issued to the YMCA of Pueblo for
st
the use of the Spaulding Avenue, Parker Boulevard, and 31 Street right-of-way on September
st
11, 2021, from 7:00 am to 9:30 am. and Spaulding Avenue and 31 Street right-of-way on
September 16, 2021, from 5:30 pm to 7:00 pm.
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 August 9, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 9, 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 REVOCABLE PERMITS
TO YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE, PARKER
BOULEVARD, AND 31ST STREET, ON SEPTEMBER 11, 2021, AND
SEPTEMBER 16, 2021, TO HOLD THE 2021 CORPORATE CUP 5K AND ONE
MILE EVENT
SUMMARY:
Attached is an application for a revocable permit submitted by YMCA of Pueblo for use of
st
Spaulding Avenue, Parker Boulevard and 31 Street.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permits Approved.
BACKGROUND:
The YMCA of Pueblo is requesting the use of the public right-of-way on Spaulding Avenue, Parker
st
Boulevard, and 31 Street, from 7:00 am to 9:30 am, on September 11, 2021, for the 2021
Corporate Cup 5K walk/run event. The YMCA is also requesting the use of the public right-of-way
st
on Spaulding Avenue and 31 Street, from 5:30 pm to 7:00 pm, on September 16, 2021, for the
2021 Corporate Cup 1 Mile walk/run event.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will cause the events to be canceled or moved to another location.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permits
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:
F�vrt. (�u2b1,r;, CG SI Oe i5
I. Name,Address and Telephone Number of Permittee:NMC. C . 0(1-01.c �3a•cO ��
2. Permitted Area: Sea-U-0-01.5pVQ,. CI,n4 , St *it Q-5t-13'SIS1
3. Purpose of Revocable Permit: ty-x Evu.t N, Vt10..l1C-
4. Authorized Improvements:
5. Commencement Date:SQ•p%-QxyA3er 1 UP Time: S'•3C7 i'"'
6. Ending Date: swop-431,r kkp Time: ] COetT1
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF TI IE 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 cafe 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.
(0 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.
(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.
Covid-19
(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 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 Pennittee'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; (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(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.
(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 be 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 C. , 20 &\
PERMITTEE:
Organization: 1 NI C 11 o4 >t.-)11 c,VA U
BY: ux(vcCY\ OY-Q ft(1eAD
Title: ' ( I _l . .\(1, • (12CY'
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
The foregoing instrument was acknowledged before me the G day of I L>l , 20(9- / by
pc C10 as `�C'Y111.)t UA'4Pwlbt✓t5f11 � oti t•KY IDtk4d-C�1✓1
My commission expires: NR 1 I .
[SEAL]
MARY MONDRAGON 1)
NOTARY PUBLIC Notary lib is
STATE OF COLORADO
NOTARY ID 20104012797 II��
MY COMMISSION EXPIRES APRIL 13,2022 APPROVED this /I' day of digly,4,44,19 ,202).
PUEBLO,a Municipal Corporation
By 7( • r
Nicholas A. r sar,Mayor
Covid-19
the FOR YOUTH DEVELOPMENT
FOR HEALTHY UVIN6
FOR SOCIAL RESPONSIBILITY
July 9,2021
Pueblo City Council
1 City Hall
Pueblo,CO 81003
Dear Pueblo City Council Members:
The 36th Annual Pueblo YMCA Corporate Cup is just around the corner. In 2019,the Corporate Cup impacted 28 companies
and over 3,000 participants by promoting healthy lifestyles in our community. In 2020,the Corporate Cup was not held due to
the pandemic. This year we are excited to re-introduce the Corporate Cup and the potential to impact even more companies
for our 36th year of promoting a commitment to health,fitness and wellness activities through our annual event.
We are requesting two revocable permits for two separate Corporate Cup events. Saturday, September 11th from 7:30 a.m.to
9:30 a.m. for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd.and
Thursday, September 16th from 5:30 p.m. to 7:00 p.m.that would enable us to close the right-in only road of 315`Street for our
1 Mile Run.We don't anticipate this causing any inconvenience as we have done it in years past with no issues.
Please feel free to contact me with any questions regarding this event. Thank you in advance for your consideration.
Sincerely,
Janelle Andrews
President/CEO
YMCA of Pueblo
719-543-5151 ext. 221
jandrews@puebloymca.org
YMCA OF PUEBLO
3200 E Spaulding Avenue.Pueblo C0 81008-2274
P 719 543 5 151 F7195443780 www puebloymca orq
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