HomeMy WebLinkAbout10723RESOLUTION NO. 10723
A RESOLUTION APPROVING A TEMPORARY EASEMENT AGREEMENT BETWEEN THE CITY
OF PUEBLO AND INTEGRA CONSTRUCTION, INC. RELATING TO USE OF HARP LAND FOR
THE PURPOSE OF PREPARATION FOR THE CONSTRUCTION OF THE FOUNDATION FOR
THE CINGULAR WIRELESS BUILDING
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Temporary Easement Agreement dated May 8, 2006 between the City of Pueblo and
Integra Construction, Inc. relating to the use of HARP land for the purpose of preparation for the
construction of the foundation for the Cingular Wireless building, 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 the Temporary Easement
Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto
and attest same.
SECTION 3
This Resolution shall become effective upon final approval and passage.
BY Randy Thurston
Councilperson
APPROVED:
President of Cit Council
ATTESTED BY:
CITY CLERK
INTRODUCED May 8, 2006
MEMO
May 5, 2006
TO: City Council of Pueblo; Dave Galli, City Manager; and
Jim Munch, City Planning and Development
FROM: Steve Arvesch olive Director HARP
RE: Temporary Easement for the Construction of the Cingular Project
Adjacent to HARP Lands
The HARP Authority was briefed at its May 3, 2006 Board meeting regarding the need
for the Cingular project to have a temporary easement on HARP public lands for the
purpose of construction of the Cingular building. The HARP Authority concurs in the
granting of such temporary agreement with the following understanding:
1) That the construction of this project will require the closure and
demolition of a portion of the walkways adjacent to the project site, and
the dislocation of lighting fixtures, the Weaver Bells, and landscaping
adjacent to the project site from the pedestrian bridge to the water -weir
at the end of the Riverwalk channel;
2) That the Temporary Easement Agreement proposed between the City of
Pueblo and Cingular will require that the Riverwalk public lands be
restored to their original, preconstruction condition within a time
specified by the construction schedule; and
3) That Cingular and their contractor will cooperate with the needs of the
HARP Authority to conduct special events and day -to -day operation of
the Riverwalk during the construction period.
In addition to the Temporary Easement Agreement, the HARP Authority is in the
discussion process with the owners of the proposed Cingular site regarding the inclusion
of the project site in the lands covered by HARP's Common Area Maintenance (CAM)
charge. It is our hope that an agreement can be reached that would have these private
lands adjoining the Riverwalk contribute to the cost of operating and maintaining the
Riverwalk.
The current site plan for the Cingular project has the completed building within two feet
of the Riverwalk public lands to give the project a campus feel on the Riverwalk. The
HARP Authority supports such an approach, including the need for reasonable
encroachments as long as reasonable consideration is given to the need of the project to
share in Riverwalk CAM charges.
HARP AUTHORITY
200 West First Street, Suite 303
Pueblo, Colorado 81003
Telephone: (719) 595-0242 • Fax: (719) 583-4696
www.puebloharp.com
HARP BOATHOUSE
101 S. Union Avenue
Pueblo, Colorado 81003
Telephone: (719) 595-1589 • Fax: (719) 595-1592
www.puebloharp.com
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TEMPORARY EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ( "Easement ") made and entered into as of May 8, 2006
between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003
( "Grantor ") and Integra Construction, Inc., a Georgia corporation, 210 Interstate North Parkway,
Suite 150, Atlanta, Georgia, 30339 ( "Grantee "), WITNESSETH:
In consideration of Ten Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by Grantor, Grantor hereby grants and conveys to
Grantee, its successors and assigns, a temporary construction easement upon, over and across
Grantor's property described as:
That portion of the Southwesterly thirty (30) feet of Parcel A, Block 4, Historic
Arkansas Riverwalk Project Filing One, from the pedestrian bridge crossing the
channel to approximately forty (40) feet east of the dam and waterfall located in the
channel, adjacent to the property commonly known as the former Andrews Food -
services Systems, 100 South Main Street, Pueblo, Colorado, 81003 ( "Easement
Property ")
for the purpose of preparation for the construction of the foundation for the Cingular Wireless
Building ( "Building ").
The use and enjoyment of this Easement are subject to the following conditions and
requirements which Grantee agrees to timely meet and comply with:
1. This Easement grants the right to Grantee to enter upon the Easement Property with
men, vehicles and equipment, to temporarily remove sidewalk, landscaping and other improvements
from the Easement Property, to excavate in the Easement Property, and to otherwise use the
Easement Property in connection with the preparation for the construction of the foundation for the
Building. This Easement shall terminate when such construction work is completed but in any event
shall automatically terminate August 31, 2006.
2. Grantee shall barricade the Easement Property and install signs warning the public
of the construction work. The barricades and signs shall be placed at such locations as Grantor shall
designate. The type of barricades and size and wording on the signs shall be approved by Grantor.
3. Grantee shall use the Easement Property in a careful and safe manner and shall
indemnify, defend and save harmless Grantor and HARP Authority and their respective officers,
agents and employees from and against any and all claims, damages or injuries and expenses
associated therewith, including reasonable attorney fees, arising out of the use of the Easement
Property or caused, directly or indirectly, by any activity conducted on or near the Easement Property
by Grantee, its officers, employees, agents, contractors and subcontractors. In conjunction with the
use of the Easement Property, Grantee shall keep the HARP Authority informed of construction
work and schedules and cooperate with the HARP Authority with respect to events and activities on
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4. Grantee shall prior to the termination of this Easement (a) replace any excavation on
Easement Property to its original condition and refill and compact the entire Easement Property, (b)
restore the Easement Property, including without limitation, sidewalks, landscaping and other
improvements now located on the Easement Property to as near original condition as reasonably
possible, (c) restore and connect all irrigation, electric and plumbing systems located on the
Easement Property and adjacent Grantor property to their original working condition, and (d) restore
and repair all other property of Grantor and HARP Authority damaged or injured by the acts or
omissions of Grantee, its officers, employees, agents, contractors or subcontractors. All such work
shall be performed and completed in a safe, competent and workmanlike manner in accordance with
Grantor's standards and specifications and plans therefor prepared by Grantee and approved by
Grantor and the HARP Authority. If the work is not completed in accordance with the foregoing to
the reasonable satisfaction of Grantor, Grantor may withhold approval for the issuance of a
certificate of occupancy for the Building.
5. During the effective period of this Easement, Grantee shall maintain commercial
liability insurance covering the Easement Property and Grantee's activities with respect thereto in
amounts not less than $2 million per claim and naming the Grantor and the HARP Authority as
additional insureds. Grantee shall provide Grantor certificates for such insurance evidencing such
coverage.
6. This Easement and covenants, terns and conditions hereby shall be binding upon and
inure to the benefit of Grantor and Grantee and their respective successors and assigns.
7. The persons signing this Easement on behalf of Grantee represent and warrant that
they and Grantee have the requisite power and authority to enter into, execute and deliver this
Easement, and that this Easement is a valid legally binding obligation of Grantee, enforceable against
Grantee in accordance with its terms.
8. In the event of litigation arising out of this Easement, the Court shall award the
prevailing party its costs and expenses, including reasonable attorney fees. Exclusive venue for any
such litigation shall be Pueblo County. Colorado.
Executed in Pueblo, Colorado the day and year first above written.
Attest:
City Oerk
GRANTOR:
Pueblo, a Municipal Corporation
By �
Pr Ent of the ty Council
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GRANTEE:
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COUNTY OF PUEBLO )
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STATE OF COLORADO )
The foregoing instrument was acknowledged before this 22n 1ay of
2006 by Michael A. Occhiato as President of City Council and Gina Dutcher as City Cl irk of the
City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
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Notdry Public
by e foregoing inst;um as acknowledge before me is /Aday of , 2006 or
for Integra Construction, Inc., a George corporation.
Witness my hand and o`
My commission
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