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HomeMy WebLinkAbout14847RESOLUTION NO. 14847 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE NATIONAL MULTIPLE SCLEROSIS SOCIETY FOR THE USE OF SOUTH VICTORIA AVENUE FROM GREENWOOD STREET TO THE D STREET AND A SECTION OF GREENWOOD STREET, FROM CITY CENTER DRIVE TO VICTORIA AVENUE AND THEIR RIGHTS OF WAY TO HOST THEIR WALK MS: PUEBLO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to The National Multiple Sclerosis Society for the use of Victoria Avenue in between Greenwood Street and D Street, and Greenwood Street north of Victoria Avenue and their right of ways from April 30, 2022 at 5:00 am, until 2:00 pm to host their MS Walk: Pueblo. SECTION 2. The use of the public right of ways 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 directed and authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED April 11, 2022 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 11, 2022 TO: President Heather Graham 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 NATIONAL MULTIPLE SCLEROSIS SOCIETY FOR THE USE OF SOUTH VICTORIA AVENUE FROM GREENWOOD STREET TO THE D STREET AND A SECTION OF GREENWOOD STREET FROM CITY CENTER DRIVE TO VICTORIA AVENUE AND THEIR RIGHTS OF WAY TO HOST THEIR WALK MS: PUEBLO SUMMARY: Attached is an application for a revocable permit submitted by The National Multiple Sclerosis Society. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The National Multiple Sclerosis Society requests to use Victoria Avenue from Greenwood Street to D Street, and Greenwood Street north of Victoria and their right of ways on April 30, 2022, from 5:00 am until 2:00 pm to host their annual MS Walk: Pueblo. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will cause the event to be canceled or relocated to another location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Traffic Control 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: I. Name,Address and Telephone Number of Permittee: Michael Peters 900 S Broadway,Ste 250. Denver,CO. 80209 303-442-5192 2. Permitted Area: S Victoria Ave.From S Elizabeth St to the end of the River Walk area,before the pakring lot. 3. Purpose of Revocable Permit: Fundraising Event for National MS Society 4. Authorized Improvements: Tents,Tables and Chairs. 5. Commencement Date: 4/30/2022 Time: 5AM 6. Ending Date: 4/30/2022 Time: 3PM 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. (t) 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 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. Signed in Pueblo,Colorado this j$., day of October ,20 21 . PERMITTEE: Organization: National MS Society By: Michael Peters Title: Event Production,Specialist STATE OF COLORADO ) COUNTY OF PUEBLO )ss + f f regoing iinstrumentt wasj� acknowledged before me the t 2. day of CIL-f"t-VI✓Cs'✓ , 20 2 I by The "" �/ as /9'CI7//Sr, ✓ N% 1")JZdvcrIvvt My commission expires: I-{ - 1 1 - 20 L-3 [SEAL] T-(44,_.4 �1-2-A -G..--r-- Notary Public • , PHYLLIS LORRAINE KEENAN I Notary Public State of Colorado APPROVED this V.giliday of 19`�/o/ 20042Notary ID#2015401 5537 PUEBLO,a Municipal Corporation ! My Commission Expires 04-17-2023 • ' By Nicholas .Gradisar,Mayor Covid-l 9 E r O V • C O ea C 1 • .s• 3 ,. t- I- U) I... (49- i'4. OOOMN332!emm 4 W IP 1% .(y 4.7O • W U O Cl) 0 0o O� W o �� J • 0 Z 0 °w m Td o U) W vi N J .' a W � � kil mr=mwN UJ xJ cc zs<':OC) aqZzoWUV OZ O ...L.1-1 N U' - IL U. CO N J C lLj W = Q O c w Wauol Juga o.6agtc } Q Y Q N iO Zwce?W 3 E4 Z wg woom� z Q Cr o Z HHhJ; �Eoo� = z 2 > CL Q o - N M 4 Lri I-oip7 !-4cvdnnQ IlliA1411e National Multiple Sclerosis Society October 12, 2021 Pueblo City Hall 1 City Place Pueblo, CO. 81003 To Whom It May Concern: The National Multiple Sclerosis Society will be hosting its annual Walk MS: Pueblo on Saturday April 30, 2022, from 5:00AM to 3:00PM. This event will be a fundraising walk event around the Pueblo River Walk. We have a short route and a long route. We will have a team village area that will have several tents for our top fundraising teams, a medical and VIP tent. We will utilize the Gazebo's for check in and snacks and treats for our participants. For the safety or our participants and to accommodate the longer route, the National MS Society would like to close S. Victoria Ave, from S Greenwood St to the Black Hills Energy Parking Lot. By closing this street, it will allow the safe crossing of our participants from the South River Walk area to the North area around Lake Elizabeth. We will also allow us to set up some tents on the closed portion for our starting line, team village, VIP and First aid. Al Barricade and Sign has been hired by the National MS Society to provide all the necessary signage and barricades to notify the public, to reroute any vehicles and to barricade the actual street closure. NMSS is asking for the street to be closed at 5:00 AM on Saturday, April 30, 2022, until 1:00 PM later that same day. I will attach the traffic control plan from Al Barricade and our Start Line Site map. I will process the $50.00 fee and the $500 deposit. I will send the Certificate of Insurance in as soon as I get it. Sincerely, Ne:Cia.421 At/U.2 Michael Peters Specialist, Event Production a MMUS Irn/ 900 S Broadway,Ste.250 Denver,CO.80209 tel 1-800-3444867 nationalMSsoclety.org Together We Are Stronger.