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HomeMy WebLinkAbout16283Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 City Clerk's Office Item # M10 COUNCIL MEETING DATE: March 23, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Vince Petkosek, Deputy City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV -26-2) TO SLOTH EVENT, LLC, DBA, THE COLORADO EBIKE SHOP, FOR THE USE OF "C" STREET BETWEEN VICTORIA AVENUE AND THE PARALLEL ALLEY LOCATED MIDWAY BETWEEN VICTORIA AVENUE AND UNION AVENUE (NON-EXCLUSIVE USE); MAIN STREET FROM "C" STREET TO THE ARKANSAS RIVER TRAIL HEAD ACCESS POINT LOCATED SOUTHEAST OF THE MAIN STREET BRIDGE SPANNING THE ARKANSAS RIVER (NON-EXCLUSIVE USE); AND THE ARKANSAS RIVER TRAIL WITHIN CITY LIMITS (NON- EXCLUSIVE USE) ON SATURDAY, APRIL 11, 2026, FROM 8:30 A.M. TO 2:00 P.M. TO HOST THE STEEL CITY SPIN E -BIKE RIDE SUMMARY: Attached is a Revocable Permit to be issued to Moth Event, LLC, dba, The Colorado e ike Shop PREVIOUS COUNCIL ACTION: None. BACKGROUND: Moth Event, LLC, dba, The Colorado e ike Shop has submitted a Revocable Permit application (REV -26-2) requesting the use of "C" Street between Victoria Avenue and the parallel alley located midway between Victoria Avenue and Union Avenue (non-exclusive use); Main Street from "C" Street to the Arkansas River Tra Head access point located southeast of the Main Street Bridge spanning the Arkansas River (non-exclusive use); and the Arkansas River Trail within city limits (non-exclusive use) on Saturday, April 11, 2026, from 8:30 am. to 2:00 pm. to host the Steel City Spin E- ike Ride Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve the Resolution will prevent the applicant from hosting their Steel City Spin E -Bike Ride. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. NOTARIZED REVOCABLE PERMIT - 26-2 Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 RESOLUTION NO. 16283 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT (REV -26-2) TO SLOTH EVENT, LLC, DBA, THE COLORADO EBIKE SHOP, FOR THE USE OF "C" STREET BETWEEN VICTORIA AVENUE AND THE PARALLEL ALLEY LOCATED MIDWAY BETWEEN VICTORIA AVENUE AND UNION AVENUE (NON-EXCLUSIVE USE); MAIN STREET FROM "C" STREET TO THE ARKANSAS RIVER TRAIL HEAD ACCESS POINT LOCATED SOUTHEAST OF THE MAIN STREET BRIDGE SPANNING THE ARKANSAS RIVER (NON-EXCLUSIVE USE); AND THE ARKANSAS RIVER TRAIL WITHIN CITY LIMITS (NON- EXCLUSIVE USE) ON SATURDAY, APRIL 11, 2026, FROM 8:30 A.M. TO 2:00 P.M. TO HOST THE STEEL CITY SPIN E -BIKE RIDE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit (REV -26-2) is authorized to be issued to Sloth Event, LLC, dba The Colorado eBike Shop, for the use of "C" Street between Victoria Avenue and the parallel alley located midway between Victoria Avenue and Union Avenue (non-exclusive use); Main Street from "C" Street to the Arkansas River Trail Head access point located southeast of the Main Street Bridge spanning the Arkansas River (non-exclusive use); and the Arkansas River Trail within city limits (non-exclusive use) on Saturday, April 11, 2026, from 8:30 a.m. to 2:00 p.m. to host the Steel City Spin E -Bike Ride. 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 (REV -26-2). SECTION 3. The officers 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. Docusign Envelope ID: 6D86F154-1749-44EE-B8E7-A48A34FD3397 SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: March 23, 2026 Signed by: ATTESTED BY: FZ PtD5t Th19tRK BY: Brett Boston MEMBER OF uc9Q&.L�VCIL APPROVED: PRESIDENT OF CITY COUNCIL Docusign Envelope ID: 56F9E62E-4827-4804-B4E9-0462378CED39 REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of dwe. Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby gr,wins the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permiltee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: Sloth Events, LLC dba The eBike Shop of Colorado 126 West 7th ST, Leadville, CO 80461 9704450916 2. Permitted Area: C Street between Victoria Ave. and the parallel alley located midway between Victoria Ave. and Union Ave. (non-exclusive use); Main Street from C Street to the Arkansas River Trail Head access point located southeast of the Main Street Bridge spanning the Arkansas River (non-exclusive use); and the Arkansas River Trail within city limits (non-exclusive use). 3. Purpose of Revocable Permit: Non-exclusive use of the right-of-way and public trails specified above to host the Steel City Spin E -Bike Ride 4. Commencement Date: April 11, 2026 Time: 8:30am 5. Ending Date: April 11, 2026 Time: 2:oopm 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, feences„ tables„ chairs, equipment or other improveiiieiitc stitthorised to be placed in the Pa nnitta'wsi Area by Permittee (the "Improvements") shall be constructed, installed, and maintained by Perinittee in compliancy; 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, caf� shall be subject to all the provisions, conditions and requirements is contained in :section -to-84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated hi run by re"fert enee. In additioia, on Improvement shall be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvewnetit be installed or located in such a manner as to hinder or interfere with the opening (if motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (ti) If this Permit is issued for the use of the public tight -of -way for a special event, Permittee shall deposit with the C it} thi sum of $500.00 1 Di 'I"ltc Deposit will be forfeited to the City if Permittee' does not remove all. Permittee's equipment and property from, arid clean and restore the Permitted Area to its original condition before the 'rime of the Ending Date. if so timely removed and cleaned, the Deposit will lid^ returned to Permitter+e. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Perrnsttee shall, at Peramittee"s expense„ remove all of Perntitte e's Itawprovorrta"atts front the Permitted Area and cle ul and restore the PL rnaitted Am m. i to its rim gin ml t^wramdiImmcmt. I aidtcre to tim only a ("matnwc tall of Permitter's Iataprovements front the Permitted Area and clean and vestaare the Permitted Area to its original condition shall, eao5t'itut+ Permittee`s abandonment of the Pe„nnittee'ts tmprow'ementa, rand City may,. at 1'''ermittee's expense, remove and disposer of I'ra tutee's iwnlrot°item ntt.:arr.el clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's casts and expenses, including ra a.sm.nrau blt" atttit ice y fees. imarrwr•red 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) Pm nmitlee shall indoninifv, defend and hold City, its u1hcerss, ~agents inf1 employees barniless from a and against »nay r+ard all sint',, + I minas,, Ii italiccw^t, loss. danurges and expenses, tnelttd ng, mnvionahfc attorney fees and cast cif defi case, aristnll, dtn Us or mm directly, from or r in id to tIme .sw,icrrer nit ii " karat or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or this cue: 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 Pen'niiiee hereby, may be convoyed, tassigtmm tt, tt,music erri el or sribb°t bw I'mrotitlee without the prior rw°riIten consent of the City Council of I. itAny attempted cOiwvey°amace, assignrmenl, Iransfear or sublettionr, iif tbm: Ptarnmt or l"c^rmitialed lured 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) Penitittee chill keep ;iaid maintain contmercial general Iiadid mty iusura,rrt'e covering the Pet mitted Aters acid Imtwpn,iverneoits in amounts riot less than Sisyoo,ouoato eomh'ined single limits per isumrrencc and mgl,rcgatc, ironing the City' a', «alt aaddataant,ml 'iaasammeal and is it no a u aivcr of rights of subrogation against City. A ce7rtihcaata^, for such loan rana'.cr and each renewal thereof shall be tlislivererl to tins C'it;y. Failm.mrc in 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 Perntittce of the written consent of Lite City's Director of Parks and Recreation. Cmid-i9 Docusign Envelope ID: 56F9E62E-4827-4804-B4E9-0462378CED39 (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). (1) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and, all purposes. City rnaay injure. dsnisgic or remove any and all Pennittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Pn r snities assuritr.--rs t he risk of injury„ lows and damage to Permittee's I nprovements within the Permitted area, and City shall hrxwe no rexspin sihuhty or Ii ahihty Ireoty iidnorag e is injuries thereto, whatsoever the caause, including, hut not limited to, the acts or omissions of City, its officers, employees, or agents. (in) This Permit shall terminate upon the occurrence' of any one of the following event: (I) the Time of the Ending Date, tut ab ndoniili nx or nonuse. by Pt'nmttee for a period of three (3) consecutive months, (iii) surrenidcr• or cancellation of die Permit in wm'ntangt by 1'a a rnaitte^ , t,iw) sot trnrtiiii rerot °aU tot as provided in paragraphs (h) and (i) above; (v) revocation or termination of this Permit by resolution of the lily t;"nuns .1 of t itv or (vi) revou:afiuO by the Maayoras provided in paragraph (p). the termination of this Permit shall not relieve. Permittee front Permit tees obhgmatiort.s under paarrtgraph (f1 nit the Authorized Improvements have been removed by Permittee in compliance with paragraph (e). (n) Permittee acknowledges and agrees that this Permit it, temporary and subject'ie revocation or termination by resoluLionr of the City Council of t it,yin its sole discretion, for any reason or no reason, at anytime, without liability to City, andwithout notice to ot° he imp by Pemani tte e, Permittee is iris tmsr rt n y 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 Irawa a and reg,ialaitirai s tot .°lindtttgs, NO, not limited orders, regulations and directives issued by the Governor, Colorado Department of Public Health and Ruviromment and tine Pueblo t oun:u Department of Public Health. and Environment with respect to COVID-19 ("CDVI.I)—sg Regulatnins ).. Seven days prior to t aanranenc i canant Daty,. Perri"itts v, shall submit in writing to the Revocable Permit; Review Committee: those actions FrniittCe shall take to assure protection of the public lteiadt,h and compliance with COVID-i9 Regulations. (p) Peru.ittee further acknowledges and agrees that this Permit, is temporary and subject to revocation or termination if the purpose of the hermit or any potential activi..ties to be conducted under the Permit is deterrninedby the Mayor of City, in his sole and absolute discretion, to not be itt ftwrtlrr raxica;, of and/or contrary to the public health or welfare due to COV'JD-19 or related issues. Such determination and termination may he issued at soy fisne , is•itl.i out liability to City, and without notice to or hearing by Pernlittee. Perm.i'ttee 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 day of ' ' -1 20 1� . IndividualOrganization or 5 Ic &i �r r .r, a, a tic ✓r ) l t( rg 0_ . 4 Title: .w .2 STATE OF COLORADO Q,z- Lace COUNTY OF Pt 1434SS.. foregoinginstrunientf day bs Theta sits cacknoww°ledgedbeforemethe f R Jr y 1 as �,. m ,"...- — .w My commission expires: 9. Samuel Christopher Reynolds NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20214022587 03/25/2026 MY COMMISSION EXPIRES JUNE 10, 02AP rltOV 111) this , _....., day of i BLO„. a Municipal Corporation signed by: BY.._. t�sz._...._ ....._......._ Heather Graham, Mayor