HomeMy WebLinkAbout14960RESOLUTION NO. 14960
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PUEBLO COMMUNITY COLLEGE
FOR THE USE OF ORMAN AVENUE IN BETWEEN HARRISON
AVENUE AND ARTHUR STREET AND THEIR RIGHTS OF WAY
TO HOLD A BACK-TO-SCHOOL RECRUITING EVENT ON
SATURDAY, AUGUST 6, 2022
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Pueblo Community College
for the use of Orman Avenue in between Harrison Avenue and Arthur Street to hold a back-to-
school recruiting event called Pantherfest..
SECTION 2.
The use of the public rights 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
this Resolution to implement the policies and procedures described herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED August 8, 2022
BY: Larry Atencio
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-11
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: August 8, 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 PUEBLO COMMUNITY COLLEGE FOR THE USE OF ORMAN AVENUE IN
BETWEEN HARRISON AVENUE AND ARTHUR STREET AND THEIR RIGHTS
OF WAY TO HOLD A BACK-TO-SCHOOL RECRUITING EVENT ON
SATURDAY, AUGUST 6, 2022
SUMMARY:
Attached is an application for a revocable permit submitted by Pueblo Community College.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Pueblo Community College requests to use Orman Avenue from Harrison Avenue to Arthur Street
and their rights of way on August 6TH 2022, from 2:00 PM thru 9:00 PM to hold a back-to-school
recruiting event call Pantherfest.
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
8/4/22, 10:47 AM
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 Community College 90o W.Orman St.719-549-3291 Pueblo
Community College--State of Colorado
2.Permitted Area:Closure of Orman St.between Arthur and Marilynn Streets
3.Purpose of Revocable Permit:Road closure from 2:00 pm to 9:oo pm on August 6th,2022
4.Commencement Date:August 6,2022 Time:2:0o pm
5.Ending Date:August 6,2022 Time:9:0o 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 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.
(f)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,maybe 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 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).
(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.
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8/4/22, 10:47 AM
(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 nonuse 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 0 17 day ofiaiii,d ,20cl; .t,t
PERMITTEE:
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Organization or bAfj mUr�i t �
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By: Vim-- L '
Title: `1.-.-c,-1-1), ui7 Vr,C.1 i 4,t3
STATE OF COLORADO)
COUNTY OF PUEBLO)SS..
T foregoing instru e t was acknowledged b fore me the 01, day of I _ ,zoo?a— by
esiph i�tbyn � I.UCtn2 as p lur.�Q ' a J�-��c •
My commission expires:LY:kiliagiaQA__ "4.93.'
- 1 l/ i /_i/ _ '01!, '7 _ / . ? V, i
GERALDINE JACQUELINE ROQUE
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID 20194043857 911'
MY COMMISSION EXPIRES 1112012 ��R•.RI ED this day of 2(1
' •,a Municipal Corporation
<44,e0:7
By 7, •
Nicholas A.Gradisar,Mayor
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