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HomeMy WebLinkAbout14974RESOLUTION NO. 14974 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO YMCA OF PUEBLO FOR THE USE OF A PORTION OF SPAULDING AVENUE, AND PARKER BOULEVARD, ON SEPTEMBER 10, 2022 TO HOLD THE 2022 COPORATE CUP 5K RUN/WALK EVENT 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 use of the Spaulding Avenue, and Parker Boulevard right-of-way on September 10, 2022, from 7:30 am to 9:30 am. 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 August 22, 2022 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 22, 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 YMCA OF PUEBLO FOR THE USE OF A PORTION OF SPAULDING AVENUE, AND PARKER BOULEVARD, ON SEPTEMBER 10, 2022 TO HOLD THE 2022 COPORATE CUP 5K RUN/WALK EVENT SUMMARY: Attached is an application for a revocable permit submitted by YMCA of Pueblo for use of a portion of Spaulding Avenue, and Parker Boulevard. PREVIOUS COUNCIL ACTION: Resolution and Revocable Permits Approved. BACKGROUND: The YMCA of Pueblo is requesting the use of the public right-of-way on Spaulding Avenue, and Parker Boulevard, from 7:30 am to 9:30 am, on September 10, 2022, for the 2022 Corporate Cup 5k run/walk event. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None ALTERNATIVES: Denying the Resolution will cause the events to be canceled or moved to another location. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permits, Letter of Intent, Certificate of Liability, Barricade Plan REVOCABLE PERl\11'1' 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 tollowing 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:YMCA of Pueblo 3200 F.Spaulding Ave 719,4351 51 32oo E Spaulding Ave 2.Permitted Area:31st Street,Spaulding Ave,Parker Blvd 3.Purpose of Revocable Permit:We are requesting two revocable permits for two separate Corporate Cup events.Saturday, September 10th from 7:30 a.m.to 9:30 a.m.for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd.and Thursday,September 15 th from 5:30 p.m.to 7:00 p.m.that would enable us to close the right-in only road of 31 st Street for our 1 Mile Run.We don't anticipate this causing any inconvenience as we have done it in years past with no issues. 4.Commencement Date:September 10,2022 Time:7:30 a.m. 5.Ending Date:September 10,2022 Time:9:30 a.m. PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF TIIE 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 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 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 Permit tee'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,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 he void and of no effect and shall cause this Permit to he automatically revoked. (i)Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than 51,000,000.00 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 01 Parks and Recreation.Covid-a9 (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,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;incl through the Permitted.Area for any and ill purposes.C'ity may injure.damage or renurcc any;ind all Permittee's Improvements in the Permitted:Area in ryrrci,ing the right of access hereby reserved sod granted. Permittee assumes the risk of injury,loss and damage to Permittee's Improvements within llhe Permitted area.;incl C'itshall have no responsibility or liability for;my damage or injuries thereto,whatsoever the cause,including.but not limited to.the acts or omissions of('rtes 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,(n)abandonment or nonuse by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in wriling 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 ill paragraph(p).The termination of this Permit shall not relieve Permittee from I'ermitteers 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,bearing,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 COVI D-ry("COV I D-tc)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 I\layor of City,in his sole and absolute discretion,to not be in furtherance of and/or contrary to the public health or welfare cine to COVID-t9 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 raider the Colorado Governmental Immunity Act,C.R.S. §24-to-tot,et seq. Signed in Pueblo,Colorado this ( 4*4 day of A-Kg(U ,202. . PERMITI'El : AA /� -1� Organization or Y!4 C R. o n pueblo Individual: By: pi rk. jo��G Title: CO iMt4N1 fritrahl otr'eC}/T STATE OF COLORADO) O COUNTY OF PUEBLO)SS.. f' The foregoin instrwneny4 yYas a kno vledged before me the_ 2c>a� by > /r K t7D as CSL re a. e My commission expires: `7 a 8/a2 0496 -- Notary Public APPROVED this 19 • clay ofd ,2( PUEBLO,a Municipal Corporation MICHELLE CRUZ NOTARY PUBLIC lay_ - �Q'�_A‘e4,02 STATE OF COLORADO NOTARY ID 20224017249 Nicholas A.Gradisar,Mayor MY COMMISSION EXPIRES APR 28, 2026 May 26,2022 Pueblo City Council 1 City Hall Pueblo, CO 81003 Dear Pueblo City Council Members: The 37"' Annual Pueblo YMCA Corporate Cup is just around the corner. Last year the Corporate Cup impacted 20 companies and over 1,500 participants by promoting healthy lifestyles in our community. This year we are excited about the potential of impacting even more companies for our 37th year of promoting a commitment to health,fitness and wellness activities through our annual event. We are requesting two revocable permits for two separate Corporate Cup events. Saturday,September 10"'from 7:30 a.m.to 9:30 a.m. for our 5K Run/Walk that would enable us to close one lane of Spaulding Avenue and one lane of Parker Blvd.and Thursday, September 15th from 5:30 p.m.to 7:00 p.m.that would enable us to close the right-in only road of 31st Street for our 1 Mile Run.We don't anticipate this causing any inconvenience as we have done it in years past with no issues. 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