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HomeMy WebLinkAbout8545RESOLUTION NO. 8545 A RESOLUTION APPROVING A PERMIT RELATING TO PARKING BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND CHARLES W. KESSLER, M.D., AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Permit dated October 13, 1998 between Pueblo, a municipal corporation and Charles W. Kessler, M.D. relating to parking, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Agreement in the name of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same INTRODUCED October 13, 1998 BY: John Verna Councilperson APPROVED: President o0he C until ATTEST: PERMIT THIS PERMIT entered into as of October 13, 1998 between Pueblo, a municipal corporation (the "City ") and Charles W. Kessler, M.D. of Pueblo, Colorado (the "Permittee "), WITNESSETH: WHEREAS, Permittee intends to construct a surgical center and medical office complex on land located at the northeast corner of the intersection of Goodnight Avenue and Dittmer Avenue, Pueblo, Colorado, legally described as Lots 44 to 48, Block 19, Carlile Parks Subdivision, Pueblo, Colorado ( "Office Land) ", and WHEREAS, the Office Land does not have sufficient area to meet and comply with the City's off - street parking requirements, and WHEREAS, the City owns a parcel of land approximately 80 feet by 12 feet located south of Dittmer Avenue which is currently used for parking purposes (the "Parking Area "), and WHEREAS, Permittee has requested that the Parking Area be made available for off - street parking in conjunction with the use of the Office Land, and WHEREAS, City is willing to allow such use of the Parking area upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Permittee agree as follows: 1. Permittee, at its sole cost and expense, shall improve the Parking Area in accordance with the plans and specifications therefor approved by the Director of Public Works. Such improvements shall be completed within one hundred eighty (180) days from date of this Agreement. 2. After completion of the improvements to the Parking Area, Permittee, his employees, patients and invitees shall have the non - exclusive right to use the Parking Area for the purpose of parking private automobiles during normal business hours of the business conducted on the Office Land. Automobiles shall be parked only within marked spaces. City shall not be responsible for, and shall not have any obligation to enforce this Agreement against other persons who park in, or otherwise obstruct Permittee's use of the Parking Area. 3. If Permittee fails or defaults in the performance of any obligation on Permittee's part to be performed hereunder, City may terminate this Permit upon thirty (30) days prior written notice given to Permittee. Although it is the intent of the parties that this Permit shall remain in effect for a period of twenty (20) years, City may also terminate this Permit at any time, with or without cause, and without penalty or liability, upon six (6) months prior written notice given to Permittee, if, in the sole judgment of City, the Parking Area is need or required by the City for any purpose. Upon termination of this Permit, Permittee, his employees, patients and invitees shall cease using the Parking Area. 4. Permittee shall not install, affix, or use any sign, advertising or identifying media on or within the Parking Area. 5. City shall not be responsible or obligated to maintain or make repairs of any kind upon or to the Parking Area. Permittee shall maintain the Parking Area in good, clean, and safe condition and state of repair. 6. City shall not be liable to Permittee or to his employees, patients or invitees for any injury or damage to any person or property in or about the Parking Area by or from any cause whatsoever and Permittee waives all claims against the City therefor. 7. Permittee shall indemnify and hold harmless the City, its officers, agents and employees from and against any and all claims, demands, actions, suits and expenses, including reasonable attorney fees, for any injury or damage to any person or property: (a) occurring in, on or about the Parking Area or any part thereof unless solely caused by the negligent acts of City or its employees, (b) caused in whole or in part by the act, neglect, fault of, or omission of any duty by Permittee, his patients, invitees or employees; or (c) arising out of or resulting from Permittee or his patients, invitees or employees' use and occupancy of the Parking Area. 8. Permittee shall at his expense maintain during the effective period of this Permit commercial liability insurance including contractual coverage covering the Parking Area and this Agreement in amounts not less than the minimum amounts set forth in section 24- 10- 114(1) C.R.S. or as same may be subsequently amended and furnish City certificates showing such insurance to be in force. 9. Permittee shall not transfer or assign this Permit or any of Permittee's interest herein or sublet the Parking Area or any part thereof. 10. Failure or delay by City in taking any action in connection with a default or failure of Permittee shall not waive such default or failure, and City shall have the right at any time to take such action as might be lawful or authorized hereunder. 11. Permittee shall pay to City all costs and expenses, including reasonable attorney fees, of any action brought by City to enforce any provision of this Permit or to recover possession of the Parking Area, whether such action proceeds to judgment or not. 12. (a) This Permit shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns subject to the limitations of paragraph 9 hereof. (b) This Permit shall be governed by and interpreted in accordance with the laws of the State of Colorado. -2- (c) This Permit may not be altered, changed, or amended except by an instrument in writing signed by Permittee and City. 13. In order for the Office Land to be in compliance with Section 17 -4 -44 of the Pueblo Municipal Code, Permittee understands and agrees that if this Permit is terminated for any reason, Permittee shall replace at another location the parking spaces in the Parking Area with nine (9) other and additional off - street parking spaces meeting the requirements of said Section 17 -4 -44. Executed at Pueblo, Colorado, the day and year first above written. [SEAL] ATTEST: City Cle APPROVED AS TO FORM: City Attorney PUEBLO, A MUNICIPAL CORPORATION By President of Ide City Council PERMITTEE: Charles . Kessler, 511