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HomeMy WebLinkAbout14732RESOLUTION NO. 14732 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE, PARKER BOULEVARD, AND ST WEST 31 STREET TO HOST THE ANNUAL TURKEY TROT-5K RUN/WALK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to the YMCA of Pueblo for the st use of Spaulding Avenue, Parker Boulevard, and West 31 Street, on November 25, 2021, from 7:00 a.m. until 11:00 a.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 October 12, 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: October 12, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE YMCA OF PUEBLO FOR THE USE OF SPAULDING AVENUE, PARKER ST BOULEVARD, AND WEST 31 STREET TO HOST THE ANNUAL TURKEY TROT-5K RUN/WALK SUMMARY: Attached is an application for a revocable permit submitted by the YMCA of Pueblo to conduct their annual Turkey Trot-5K Run/Walk. PREVIOUS COUNCIL ACTION: Resolution and Revocable Permit approval. BACKGROUND: The YMCA of Pueblo has requested the closure of Spaulding Avenue, Parker Boulevard, and st West 31 Street, on November 25, 2021, from 7:00 a.m. until 11:00 a.m. to host the Annual Turkey Trot 5K Run / Walk. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will change location of event or cancel the event. 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 I6-9 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: I. Name. Address and Telephone Number of Permittee:YMCA of Pueblo. 3200 F. Spaulding Ave. Pueblo. CO 81008; 719-543-5151 2. Permitted Area: E. Spaulding Ave, Parker Blvd..and W. 31'' Street 3. Purpose of Revocable Permit: Turkey Trot 4. Authorized Improvements: NA 5. Commencement Date: 1 I25'2021 Time: 07:00 AM 6. Ending Date: I I'25'2021 Time: 11:00 AM 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. (h) All structures. fences,tables.chairs.equipment or other improvements authortted to he placed in the Permitted Area by Permittee (the "Improvements") shall he constructed. installed, and maintained by Permittee in compliance vkith 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 sidevvalk cafe shall he subject to all the provisions. conditions and requirements contained in section 9-10-84 of the Pueblo Municipal ('ode. 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 vs ith 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-vvav for a special event. Permittee shall deposit with the City the sum of' S300.00("Deposit"). the Deposit will he forfeited to the City if Permittee does not remove all I'erntittee's equipment and property from. and clean and restore the Permitted Area to its original condition before the Lime of the hiding Date. If so timely removed and cleaned. the Deposit will he returned to Permittee. tel 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 Pennitted 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. if)) 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 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. flit Neither this Permit nor any of the privileges granted to Permittee hereby. may he conveyed- assigned. transferred or sublet by Permittee vvithout 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('ity Council of Pueblo shall he void and of no effect and shall cause this Permit to he automatically revoked. C'A--6;7117 I k 1 \m notice or other document requited or permitted herein shall he in vs citing and delis erect personally or by lint class marl.postage prepaid. til If to Permittee.at the address shown in paragraph I abuse till If to City. I City Hall Place,Pueblo.Colorado.1+1003.Attention, Revocable Permit Review Cnmmittrc. I arh party reserves the right to change its address provided notice of such change is gry en in accordance with this paragraph ikC 111 Coy 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 Pemtinee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Penninee assumes the risk of injury-loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability fui any damage or injuries thereto,whatsoever the cause,including,but not limited to.the acts or omissions of City.its officers.employees.or agents. toil This Permit shall terminate upon the occurrence of any one of the Billowing events:li)the Time of the Ending Date,nil 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(tI above;(v)revocation or termination of this Permit by resolution of the City Council of City;or(vi) to ocauon by the Mayor as provided in paragraph(p).The termination of this Permit shall not relieve Permittee from Pennittee'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. to) Permittee acknowledges and agree that use of the Permitted Area shall he 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. (p1 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 andror 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 Z") day of I r _ bC1r ,20 2.1 . PERMITTEE: Organization:-__j t\-1C.4 C1' JV-,2,b I t) By:Ca%}'"l; 61101.PALl64 0 (2-41- Title: ...fl11)(. r_Y11_m__ KSY1.1IJ �'<�.ryR V1 r �?st(' (17)'(- STATE OF COLORADO ) COUNTY OF PUEBLO )ss The foregoing instrument was acknowledged before me thec.441- day of 4,44 • 20') by nAtiA 5r ns_.__1"C�-�C i.Qst.Lt G.b as_ .. r _ . _ r_ . —ISktr My commission expires: j . "2-0 2 Z. [SEAL.] DEM BERTRAND 'otary Public NOTARY PUBLIC STA7E OF COLORADO NOTARY ID 20184024824 APPROVED this----1 ip day of ,20 .J. NY cowasioN Expies juLy24,2022 PUEBLO,a Municipal Corpor•tion Gh - By • (( Nicho as A. •Ift4lir,Mayur Covid-19 the FOR YOUTH DEVELOPMENT FOR HEALTHY LIVING FOR SOCIAL RESPONSIBILITY September 23rd,2021 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members: When most people think of Thanksgiving they think of the three F's —football, family and food. The YMCA of Pueblo would like to add a fourth"F"to the equation—FITNESS! This Thanksgiving Day the YMCA of Pueblo will conduct our 13th Annual Turkey Trot 5K Run/Walk and 1K Kids Fun Run. This event is being held to promote families getting healthy together with all the proceeds benefiting the YMCA's annual Community Support Campaign. The goal of the Trot is to get friends, families and co-workers moving on a day typically known for inactivity. The YMCA of Pueblo supports strong kids,strong families and strong communities and we want all to be represented at the Trot. But the Turkey Trot also serves a much greater purpose in that it supports children and families in our community by allowing them the opportunity to participate in YMCA programs and services that they otherwise would not be able to afford. The Trot starts and ends at the YMCA Community Campus, 3200 Spaulding Avenue. The 5K Run/Walk begins at 9:00am. The 1K Kids Fun Run begins at 8:15 a.m.and is free and open to children 12 years old and younger. We are requesting a revocable permit for this event which would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd. from 7:00 a.m. to 11:00 a.m. on Thursday, November 25, 2021, Thanksgiving Day. We don't anticipate this causing much of an inconvenience as most, if not all the businesses around the YMCA will be closed for the holiday. 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 3200E Spaulding Avenue,Pueblo CO 81008-2279 P 719 543 5151 F 719 544 3780 www.puebloymca.org E 0 c 4 P. i Wsv;''.:. M N '4 s � -„^^mac"-- --*u—.- "-G,r 0 I. int 1; 1 H i 11 , 2 t El- im I1 j N It i ,9#' f $, N Q kii\\,,,,.„....,,,„ if '' 1,`: , s i I k W #I , CC < '�I 4 CC 4iti LLIi 10 M 0.g Z 0- 1/7 pZ V Z w = J N wp ZQwO O— 0ppro,vc2ret)Aa Q j d O w 0 Li �Q