HomeMy WebLinkAbout14702RESOLUTION NO. 14702
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE SENATE, LLC FOR THE USE OF
THE SOUTH GRAND AVENUE RIGHT-OF-WAY IN FRONT OF
219 SOUTH GRAND AVENUE, FROM SEPTEMBER 23, 2021, AT
10:00 AM THRU SEPTEMBER 26, 2021, AT 8:00 PM TO
PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES
FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to The Senate, LLC, for the use
of the right-of-way at 219 South Grand Avenue from September 23, 2021, at 10:00 a.m. until
September 26, 2021, at 8:00 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-6
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 THE SENATE, LLC FOR THE USE OF THE SOUTH GRAND AVENUE
RIGHT-OF-WAY IN FRONT OF 219 SOUTH GRAND AVENUE, FROM
SEPTEMBER 23, 2021, AT 10:00 AM THRU SEPTEMBER 26, 2021, AT 8:00 PM
TO PARTICIPATE IN THE ANNUAL CHILE AND FRIJOLES FESTIVAL
SUMMARY:
Attached is an application for a revocable permit submitted by The Senate, LLC for the use of the
South Grand Avenue right-of-way to participate in the annual Chile & Frijoles Festival.
PREVIOUS COUNCIL ACTION:
Resolution and Revocable Permit approval.
BACKGROUND:
The Senate, LLC has requested the use of the right-of-way at 219 South Grand Avenue from
September 23, 2021, at 10:00 a.m. until September 26, 2021, at 8:00 p.m. to participate in the
Annual Chile and Frijoles Festival. Although the Pueblo Chamber of Commerce is applying for a
Revocable Permit for this event, the State Liquor Law is requiring the Senate, LLC, to modify its
licensed premises in order to sell alcohol outside the premises of their establishment.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will prevent the Senate, LLC from participating in the annual Chile &
Frijoles Festival.
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 Pennittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith:
L Name, Address and Telephone Number of Permittee:The Senate LLC. 219 S. Grand Avenue, Pueblo CO 81003
719-251-4658
2. Permitted Area: Right of way in front of 219 S. Grand Avenue
3. Purpose of Revocable Permit: To participate in the annual Chile and Frijoles Festival
4. Authorized Improvements: NA
5. Commencement Date: September 23,2021 Time: 10:00 AM
6. Ending Date: September 26,202I Time: 08:00 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 he 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.
lb) All structures, fences,tables.chairs. equipment or other improvements authorised to he 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.
let 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 arc
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.
Id) If this Permit is issued for the use of the public right-of-way for a special event. Permittee shall deposit vyith the City the sum of
$500.00("Deposit"). The Deposit will he forfeited to the City if Permittee does not remove all Permittees equipment and property front.
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 he returned to Permittee.
lel Before the lime of the Ending Date. or immediately upon any other termination of this Permit. Permittee shall. at Permittee's
expense. remove all of Pertnittee'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 Permittees 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.
(I) 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 from 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.
(hi 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 ofCity. Any attempted conveyance,assignment. transfer or subletting of
the Permit or Permitted Area vvitbout the vs ritten consent of the('its Council of Pueblo shall he void and of no effect and shall cause this
Permit to he automatically revoked.
CA 6'7117
(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 he delivered to the
City. Failure to maintain such insurance shall cause this Permit to he 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 he removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.
Ik) 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.
(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 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.
Signed in Pueblo,Colorado this 3 day of 20 0_l
PERMITTEE: kt_Organiza 'o�. sem
By:
Title: • Ar
STATE OF COLORADO )
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me the 31 day of at.t.( -St , 20a I by
K CIGGL� as Cw.ber' a •
My commission expires: t Z�Z.D aQ� .
[SEAL 0-4-444-is
0412-4-1(46(---)
CINDY J.CAPRI
TTA Notary Publi
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19934016940
MY COMMISSION EXPIRES 12/20/2021
APPROVED this /c day of 20 _
PUEBLO,a Municipal Corporation
By
7( 4disar, MZ
CA—6/7/17
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The Senate, LLC
219 South Grand Ave
Pueblo, CO 81003
August 31, 2021
To Whom It May Concern:
Please consider this a letter of intent to inform the City of Pueblo Public Works
Department of our intent to modify our premises,The Senate,at 219 South Grand
Ave, Pueblo, Colorado 81003 for the Chile and Frijoles Festival. We will be utilizing
our covid permitted patio and the adjacent area to the north for the upcoming
festival. The dates we would like to modify the premises are September 23 through
September 26, 2021. We will restore the premises to the original state at 6pm when
the event is complete.
Since ly,
Ken' ciacca
Member/Manager
THE GREATER'
, . . PUEBLO CHAMBER
�' We ate,aa oWaeur
302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • puebiochamber.org
August 5, 2021
To Whom It May Concern:
The Greater Pueblo Chamber of Commerce has secured a revocable permit from the City of Pueblo
to conduct the Annual Chile& Frijoles Festival September 24, 25 and 26,2021. The permit allows
the Chamber to utilize Union Avenue and the sidewalks on both sides of the street from 1' Street
to B Street.
The Greater Pueblo Chamber of Commerce agrees to provide The Senate the use of the sidewalk
and street in front of 219 South Grand Avenue on September 24, 25, and 26, 2021 during the 27th
Annual Chile & Frijoles Festival. We understand that the management of The Senate is applying
to extend their liquor license into the above stated area to serve food and liquor.
The Senate is to provide secure fencing with a single point of entrance to this area from Grand
Avenue. They will provide security during business hours to ensure that no liquor will be allowed
outside of the fenced area and no liquor will be allowed into the stated area. The cost of the fencing
and the security for this area is the responsibility of The Senate.
Sincerely,
74.4.0 VJ
Phyllis Samora
Interim President
PITMRT.A