HomeMy WebLinkAbout14942RESOLUTION NO. 14942
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO THE PUEBLO CHAMBER OF
COMMERCE FOR THE USE OF GRAND AVENUE FROM CITY
CENTER DRIVE TO UNION AVENUE, D STREET FROM
VICTORIA AVENUE TO MAIN STRET, C STREET FROM
VICTORIA AVENUE TO MAIN STREET, UNION AVENUE FROM
CITY CENTER DRIVE TO B STREET, AND ALAN HAMEL
AVENUE FROM UNION AVENUE TO MAIN STREET TO HOST
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 Pueblo Chamber of
Commerce for the use of Grand Ave. from City Center Dr. to Union Ave., D St. from Victoria Ave
to Main St., C St. from Victoria Ave to Main St., Union Ave. from City Center Dr. to B St., Alan
Hamel Ave. from Union Ave. to Main St., from September 21, 2022, at 7:00 a.m. until September
26, 2022, at 5:00 p.m. to conduct the Annual Chile and Frijoles Festival.
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 July 25, 2022
BY: Vicente Martinez Ortega
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: July 25, 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 PUEBLO CHAMBER OF COMMERCE FOR THE USE OF GRAND
AVENUE FROM CITY CENTER DRIVE TO UNION AVENUE, D STREET FROM
VICTORIA AVENUE TO MAIN STRET, C STREET FROM VICTORIA AVENUE
TO MAIN STREET, UNION AVENUE FROM CITY CENTER DRIVE TO B
STREET, AND ALAN HAMEL AVENUE FROM UNION AVENUE TO MAIN
STREET TO HOST THE ANNUAL CHILE AND FRIJOLES FESTIVAL
SUMMARY:
Attached is an application for a revocable permit submitted by the Pueblo Chamber of Commerce
to conduct their annual Chile and Frijoles Festival.
PREVIOUS COUNCIL ACTION:
Revocable Permit and Resolution approved.
BACKGROUND:
The Pueblo Chamber of Commerce has requested the use of the right-of-away located on
portions of Union Avenue, C Street, D Street, Main Street and Grand Avenue / Alan Hamel
Avenue from September 21, 2022 at 7:00 a.m. until September 26, 2022 at 5:00 p.m. to conduct
the annual Chile and Frijoles Festival.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution will most likely 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 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: Greater Pueblo Chamber of Commerce, 302 N. Santa Fe
Ave. Pueblo,Co 81003 (719)542-1704
2. Permitted Area: Grand Ave. from City Center Dr. to Union Ave., D St. from Victoria Ave to Main St., C St.
from Victoria Ave. to Main St., Union Ave. from City Center Dr. to B St., and Alan Hamel Ave. from Union
Ave. to Main St.
3. Purpose of Revocable Permit: 28'5 Annual Chile and Frijoles Festival
4. Authorized Improvements: N/A
5. Commencement Date: 09/21/2022 Time: 07:00 AM
6. Ending Date: 09/26/2022 Time: 05:00 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 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 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 cafe, 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 li-om 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 iil 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 [riding Date. If so timely removed and cleaned,
the Deposit will he 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 Permittees 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 Arca 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 al lmnro en-cros anti Permitted Area in good. clean and sale 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. cons!ruetion, 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 ac'. oi the prix I i,es granted to Permittee hereby. may he conveyed, assigned, transferred or sublet by
Permittee without the prior'.prior tAritetl consent of the City Council of City. Any attempted conveyance, assignment,transfer or subletting of
the Permit or Permitted Area without the Jsrillon consent of the City Council of Pueblo shall be void and of no effect and shall cause this
Permit to be automatically revoked.
CA—617/17
(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.
(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, l 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).
(1) 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 day of CL-Li
, 20 2 .
PERMITTEE:
Organization:_ r CGL er i. • Chamber O.f- Co rnr fierce
By: I /L_�
Title: ReS;elferld r COC
STATE OF COLORADO )
COUNTY OF PUEBLO )ss
The U°"foregoing instrument was acknowledged before me the day of ' C� , 20 2Z by
JJ UQtiG N71 7— -_-- as Prej Jr- CEG
My commission expires: 2-/ z-`-, too 2'5-
[ SEAL]
5[ SEAL] � (' ` /U,kd CPL
Notary Public
TERRI ELLEN KALLISN
NOTARY PUBLIC-STATE OF COLORADO
NOTARY ID 20094005794 APPROVED this day of 2Q'�',.
MY COMMISSION EXPIRES FEB 24, 2025 PUEBLO, a Munici I Corporation /
B Y •
c o A. Gradisar, ayor
CA— 6/7/17
THE GREATER'
umaiiiim PUEBLO CHAMBER
we&gam diudamky
302 N.Santa Fe Ave. • Pueblo,CO 81003 • (719)542-1704 • (719)543-4851 fax • pueblochamber.org
April 27,2022
Nick Gradisar
Mayor City of Pueblo
200 S. Main Street
Pueblo,CO 81003
Dear Mr.Mayor:
The Greater Pueblo Chamber of Commerce is requesting a revocable permit to conduct the 28th Annual Chile and
Frijoles Festival. The dates and hours of the festival are as follows; Friday, September 23,2022 from 3:00 PM until
11:45 PM, Saturday, September 24,2022 from 8:00 AM until 11:45 PM,and Sunday September 25,2022 from 8:00
AM until 7:00 PM.We are requesting to close the following streets and parking lots for set up and tear down.
SRDA Parking lot from Thursday September 22, 2022 to Monday September 26, 2022. Put up and take down an
Entertainment Tent.
Grand Ave from City Center Drive to Union and the El Pueblo History Museum parking lot from 7 AM Wednesday
September 21,2022 to 5 PM Monday September 26,2022 to put up and take down an entertainment tent and set up
Farmer's Market.
D Street from Victoria to Union from 7 AM Thursday September 22, 2022 to 5 PM Monday September 26,2022 to
put up and take down an entertainment tent.
C Streets from Victoria to Union from 7 AM Thursday September 22, 2022 to 5 PM Monday September 26,2022 to
put up and take down an entertainment tent.
Union Ave from City Center Drive to B Street and C and D Street from Union to South Main and at 6 AM on Friday
September 23,2022 to 7 AM Monday September 26,2022.
City Center Place and Angelo's parking lots from 7 AM Thursday September 22,2022 to 7 AM Monday September
26,2022.
PBR and parking lot from 6 AM Friday September 23,2022 to 7 AM Monday September 26,2022.
Old Health Center parking lot along Alan Hamel:from Union Ave.to Main St.on Wednesday September 21,2022 to
Tuesday September 27, 2022. We will have security allowing permitted vehicles access on Thursday September 22,
2022 to Sunday September 25,2022.
We will put barricades and caution tape around the landscaping in the island on Union from 1 s`to Grand. No vendors
will be allowed to use tent stakes. All waste will be collected throughout the festival and disposed of in dumpsters
provided by the Chamber. Rock Sacks will be placed on all storm inlets.
Sincerely,
Terri Kallish
( :a :PUEBLO
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