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RESOLUTION NO. 14700
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO DIVERSIFIED INDUSTRIES,
INC. FOR THE USE OF THE RIGHT-OF-WAY ON VICTORIA
BETWEEN D STREET AND GRAND AVENUE FOR THE ANNUAL
HARVEST FEST AND WALK
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Pueblo Diversified Industries,
Inc. for use of the street and right of ways on Victoria Street in between D Street and Grand
Avenue, from October 9, 2021, at 9:00 a.m. to October 9, 2021, at 04:00 p.m.
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 September 13, 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: September 13, 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 PUEBLO DIVERSIFIED INDUSTRIES, INC. FOR THE USE OF THE RIGHT-
OF-WAY ON VICTORIA BETWEEN D STREET AND GRAND AVENUE FOR THE
ANNUAL HARVEST FEST AND WALK
SUMMARY:
Attached is an application for a revocable permit submitted by Pueblo Diversified Industries, Inc.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo Diversified Industries, Inc. is requesting the use of Victoria Street in between D Street and
Grand Avenue from October 9, 2021, at 9:00 a.m. to October 9, 2021, at 4:00 p.m. to have the
annual Harvest Fest and Walk.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will prevent Pueblo Diversified Industries from holding their annual
Harvest Fest and Walk.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit, Letter of Intent, Use Agreement with HARP , 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 Diversified Industries 2828 Granada Blvd. Pueblo,
CO 81005 719-225-0049
2. Permitted Area: Greenwood and Victoria
3. Purpose of Revocable Permit: Fall Harvest Fest Community Event
4. Authorized Improvements: N'A
5. Commencement Date: October 9 2021 rime: 09:00 AM
6. Ending Date: October 9 2021 Time: 04:00 PM
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT(THE "PERMIT")REPRESENTS. WARRANTS AND AGREES:
(a) rhe Permitted Area shall he used for the above-specified Purpose o1 Revocable Permit No use of the Permitted :Area shall he
made before the time of the Commencement Date.
(hl All structures, fences.tables.chairs.equipment or other improvements authorized to he placed in the Permitted Area 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 cath. the Permittee and sidewalk cate shall be subject to all the prov isions.
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-vv ay for a special event. Permittee shall deposit with the City the sum of
$500.00('Deposit") the Deposit will he forfeited to the City if l'ermittee does not remove all Permittee's equipment and property from.
and clean and restore the Permitted Area to its original condition berme the litre of the Ending Date. If so timely removed and cleaned.
the Deposit will he returned to Permittee.
(el Before the rime 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 Arca 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.
(t) Permittee shall keep all Improvements and Permitted Area in good.clean and sate condition and repair. free from litter. waste and
debris.
(g) Permittee shall indemnify. defend and hold City. its officers. agents and employees harmless front and against any and all suits.
claims, liabilities, loss. damages and expenses. including reasonable attorney tees 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 convey ed. 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 he automatically revoked.
CA -6'717
(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;(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 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. nn ((�
Signed in Pueblo,Colorado this I "l day of O UC ,20 c I
PERMITTEE:
Organization: Pueblo Diversified Industries
By:�j AJC Jrl
Title: Director of Community Engagment
STATE OF COLORADO )
COUNTY OF PUEBLO )ss
The foregoing instrument was acknowledged before me the 19 day of A.4-5 LA-41- , 20 1-1 by
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GUY CASE Notary Public
NOTARY PUBLIC•STATE OF COLORADO
Notary ID#20104028296 APPROVED this 16" day of0,41,42avedy ,204i
My Commission Expires 8/3/2022 PUEBLO,a Municipal
Corporation
By
Nic olas adisar,Mayor
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IPUEBLO
DIVERSIFIED
INDUSTRIES 2828 Granada Blvd., Pueblo,CO 81005,719-564-0000
August 19,2021
Dear Valued Community Member,
My name is Terri Weldon, and I am writing today to introduce myself as the
Interim Director of Community Engagement at Pueblo Diversified Industries
(PDI). For over 50 years PDI has been a staple of the Pueblo community. PDI
is a nonprofit organization and is committed to supporting adults with
Intellectual and Developmental Disabilities by "CREATING PATHWAYS OF
OPPORTUNITY WHERE PEOPLE WITH DIVERSE ABILITIES THRIVE."
For over a decade PDI hosted the Harvest Walk at CSU-Pueblo, but now PDI's
largest fundraiser, Harvest Fest, hosted at the Pueblo Riverwalk. This year PDI
is honored to invite your participation in this annual event on October 9, 2021,
from 9am-2pm.
To make a difference in the community we serve, we rely on the support of
generous individuals and businesses within our community. We would be most
grateful if you would consider supporting PDI's Harvest Fest 2021. All proceeds
go to supporting Community Integration for those we have the honor of serving.
Want to know more? contact me at 719-565-6698 or at
terri.weldon@pdipueblo.org. Your support can make all the difference in our
community.
Sincerely,
Terri Weldon
Director of Community Engagement (interim)
All donations are 100%tax Deductible as we are a 401 c organization. Also,any donation$250.00 or more would qualify
you for an additional 25%tax Credit with Enterprise Zone.
FACILITY USE AGREEMENT FOR PRIVATE EVENTS
125 Riverwalk Place. Pueblo,Colorado 81003 •Email shaylaQtpuebloriverwalk.org•Phone 719.595-0242
Historic Arkansas Riverwalk of Pueblo Authority(HARP)reserves the right to refuse requests for rentals of any facility.
All rentals are based on availability.
Name of Renter:Susan Parker Address:2828 Granada Blvd.Pueblo,CO 81005
Phone(home/office): Cell: Email:Susan.parker@pdipueblo.org
Date(s)of Event:October 9.2021 Sponsoring Group: Pueblo Diversified Industries
Colorado Non-Profit Corporation# 84-0575987
Description of event: Harvest Fest-Walk
TYPE Category of Pricing Area Being Rented Amenities
Wedding Package I Per Hour Trash I Electricity I Security
Company Party Package I Per Hour Trash I Electricity I Security
Birthday Party Package I Per Hour Trash I Electricity I Security
Graduation Party Package I Per Hour Trash I Electricity I Security
Announcement Per Hour Trash I Electricity I Security
Co-Host
Other
Walk Per Hour $160.00 Lake Elizabeth Pavilion/Floodwall �" Electrici
Co-Host Rental Fee per hour regular $200.00
Rental Fee per hour non-profit $160.00
Security 4 hour minimum($20/hr after 4 hours) $80.00
trash and/or Electricity $15.001$35.00
The following rules and regulations apply to all groups using and are in effect for all HARP facilities.These rules and regulations must always be followed and are subject to change.Fees
and deposits are based on event.If Renter does not adhere to the rules and regulations,then HARP may declare this agreement null and void and revoke any permit.No refunds will be
given for voided agreements.
1) Deposit:All facilities require a deposit of 150.00 ($125.00 Damage Deposit I$25.00 Administrative Fee Non-Refundable)at the time of reservation.
Deposits and fees may be paid by credit card,check or cash.$25.00 of deposit is non-refundable and held for administrative fees. Damage deposits may be refunded to the Renter
as long as all rules and regulations are followed,and the area is deaned after use.Any costs of repair or cleaning will be deducted from the deposit
2) Payment is due in full by PAID .If payment is not received by PAID ,HARP may declare this agreement null and void and
the facility may be rented to another individual,group,organization,and/or association.
3) If paying by credit card,your damage deposit will be refunded back to original card used.It is the renter's responsibility to notify HARP Accountant,Clint Shaffer,at(719)595-0242
of any changes in regards to your credit card.
4) Reservations made less than sixty(60)days prior to the reserved date of use must be paid in full within twenty-four(24)hours after the reservation has been made.
5) Users may not sublease facilities under any circumstance.Subleasing of facilities may result in revocation of all permits and agreements.
6) Rental hours are between 8:00 a.m.and 10:00 p.m.,and the facilities must be vacated no later than 10:00 p.m.
7) The Renter must have a responsible person on site to oversee the event and ensure all rules and regulations are followed,The Renter must provide a copy of these rules and
regulations to the responsible person overseeing the event and anyone working the event.Failure to do so may result in additional charges.If HARP determines that the Renter is
not enforcing the rules and regulations,such Renter may be barred from future renting or hosting of events at HARP.
8) Facility rentals are subject to cancellation or delay when HARP activities are scheduled and/or inclement weather or situations may cause major damage to the facilities or fields.
After HARP approval,fees will be refunded upon event cancellation due to weather related issues.
9) Renters who withdraw their rental request at least seven(7)days prior to the event date will be returned seventy five percent(75%)of the deposit and fees.Any withdrawals less
than seven(7)days of the event date will result in forfeiture of all deposits and fees.The Renter may reschedule the event at least seven(7)days prior to the rental date,for an
administrative fee of fifty dollars($50.00).In the event of inclement weather,the Renter may reschedule within the same rental season at no extra cost.
10) Glass containers are prohibited at HARP.
11) Vehicles are not allowed on turfed areas for any reason.
12) Renter shall obtain liability insurance coverage for liability,and property damage valued at one million dollars($1,000,000.00)or more per occurrence,name the HARP AUTHORITY
as an additional insured under the policy,and provide HARP with a certificate of insurance at least ten(10)days in advance of the scheduled event.If Renter fails to provide adequate
insurance,HARP will void this agreement.
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13) Renter shall not damage or impair the facilities in any way and is liable for the cost to repair any damage or impairment caused by Renter.Renter agrees that no noxious or offensive
activity shall be permitted upon the facilities.If HARP finds any damage or impairment following Renters event after conducting a review pnor to Renters event.if evidence that Renters
activity caused the damage or impairment Renter win be liable for the costs of facility repair.Restroom must be left in a clean and orderly condition and all waste disposed of in designated
receptacles.Any loss of equipment or improper cleanup will be charged to the Renter.
14) Use of the facilities by the Renter shall indicate that the location was in satisfactory condition and suitable to the Renter's needs.
15) For facility issues,please contact Daisy Jensen at(719)250-7210.In case of emergency,contact the Pueblo Police Dispatch at(719)553-2502 or dial 9.1-1.
16) If Renter will sell concessions during an approved event,the Renter must contact the office(719)595-0242,to make arrangements.
17) Renter agrees to defend,hold harmless,and indemnify,the HARP and its officers,employees,and agents,from any and alt claims and liability,induding reasonable attorneys fees and
costs,for injuries,or damages to any person,arising from Renters actions or rental activity,or in any way related to this agreement,or any default or breach of any term of this agreement
by Renter.The HARP reserves the right to refuse any applicant that is not consistent with the HARP policies,or determined,in the sole and absolute discretion of the HARP,not to be
in HARP's best interest
18) Renter is solely responsible for obtaining all necessary permits for their event and shall not hold the HARP liable for renters failure to list any necessary permits.Renter is subject to an
City Ordinances,nduding noise regulations,prohibitions on drinking,and prohibitions on disorderly conduct,and all applicable state taw.Failure to abide by any ordinance or law will
immediately void this agreement and Renter will be required to immediately vacate the facility or field at Renters sole cost,and all deposits or fees shall be forfeited to the HARP.
19) The HARP is not liable for delays in delivery,and/or non-delivery in the event of Force Majeure,action by any governmental or quasi-governmental entity,fire,flood,insurrection,riot,
explosion,strikes(whether legal or illegal),labor or material shortage,transportation interruption of any kind,work slowdown,or any condition beyond the control of HARP affecting
production of delivery in any manner.
20) Nothing in this agreement is intended,nor should it be construed,to create any rights,claims,or benefits or assume any liability for or on behalf of any third party,or to waive any
immunities or limitations conferred under federal or state law,including but not limited to the Colorado Governmental Immunity Act,§24-10-101 et seq.,C.R.S.Nothing herein shall
constitute,nor be deemed to constitute,the creation of a debt or multi-year fiscal obligation or an obligation of future appropriations by HARP,contrary to Article X,§20 Colorado
Constitution or any other constitutional,statutory or charter debt limitation.
21) This agreement shall be governed by the laws of the State of Colorado.Venue for any action arising under this Agreement or for the enforcement of this agreement shall be in a state
court with jurisdiction located in Pueblo County,Colorado.
22) This agreement shall not be assigned by Renter without the prior written consent of HARP,which consent may be granted,denied,or conditioned in HARP sole and absolute discretion.
23) Renters will abide by current executive orders placed by the Governor and Public Health officials regarding COVID-19.HARP Authority
will enforce the number of people allowed at an outdoor event as well as any other guidelines set forth.
By signing below,I hereby acknowledge that I have full authority to execute this agreement on behalf of myself,my company,organization,or association,have completed the
information to the best of my knowledge,read the above terms,and agree to all applicable rules and guidelines.
Renters Name(Please Print) David Pump
Jun 2,2021
Renters Signature Date
11,1 li' RATE I;
(See Rates on Page 1)
10/09/2021 10:00 am 2:00 pm 4 4 X $ _ $ 480.00
SECURITY
4hr minimum 4 x $ 20.00 = $ 80.00
No
Trash? ® Trash toter/1=$15.00 #of totters 10 x $15 $ —
Electricity? No 110 outlet/1=$35.00 $
#of outlets 1 x $35 =
FACILITY FEE TOTAL $ 560.00
DEPOSIT TOTAL $ 150.00
TOTAL AMOUNT OWED $710.00
OFFICE USE ONLY
Approved_Not Approved_Staff Signature Date Deposit Pd$ Deposit Date_
Deposit Receipt# Rental Fees Pd$ Rental Fees Date Rental Payment Receipt#—
Cash_CK_ Credit Card_ Proof of Insurance Received (Attach to Agreement) Permit#(if required)
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