HomeMy WebLinkAbout12113RESOLUTION NO. 12113
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PARKVIEW MEDICAL CENTER
FOR THE USE OF THE RIGHT OF WAY LOCATED AT 400
TH
WEST 16 STREET TO ALLOW FOR THE INSTALLATION
OF A DIRECTIONAL/INFORMATIONAL SIGN
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued Parkview Medical
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Center for the use of the right of way located at 400 West 16 Street to allow for the
installation of a directional/information sign.
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.
INTRODUCED: March 28, 2011
BY: Leroy Garcia
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: MARCH 28, 2011 AGENDA ITEM # M-10
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
PARKVIEW MEDICAL CENTER FOR THE USE OF THE RIGHT OF WAY LOCATED
TH
AT 400 WEST 16 STREET TO ALLOW FOR THE INSTALLATION OF A
DIRECTIONAL/INFORMATIONAL SIGN
ISSUE
Should City Council issue a Revocable Permit to Parkview Medical Center for the use of
th
the right of way at 400 West 16 Street?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The Applicant is requesting permission to install a sign in the right of way that directs
patients and visitors to the emergency entrance.
FINANCIAL IMPACT
None.
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. Parkview Medical Center, 400 West 16 Street, Pueblo,
CO 81003, (719) 584 -4000
2. Permitted Area. 400 West 16 Street
3 Purpose of Revocable Permit: Directional /Informational Sign
4 Authorized Improvements.
5 Commencement Date. March 28 2011 Time
6 Ending Date. Indefinite Time:
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 cafes, the Permittee and sidewalk cafe 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, 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 be
void and of no effect and shall cause this Permit to be automatically revoked.
CA — 4/6/10
(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.
(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.
(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 non -use 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 (1) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City
(n) Pennittee 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
Signed in Pueblo, Colorado this L /77-1 day of /JO , 20 /0
PERMITTEE.
Organization,_- ✓rC..) f'\st'co.-. ��•-
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Title: E. Oa f S
STATE OF COLORADO )
COUNTY OF ) Ss. //
The foregoing instrument was acknowledged before me the y 7' / day of A)0 M R , 20 / 0 by
iM A u Ems/ as (Jv / sit -
My commission expires. f //5 /ii
[SEAL] 111111111 %►si s �L.'_t , "
Notary Public -
APPROVED this 28th day of March , 2011
PUEB , a Muni & Corporation
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By Presid t of City / i ouncil
CA - 4/6/10
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Your Health
parkve
MEDICAL CENTER
400 West 16th Street
Pueblo, CO 81003 January 17, 2011
(719) 584 -4000
City of Pueblo
To Whom it May Concern
Re Parkview Medical Center
400 W 16 Street
Pueblo CO 81003
Please allow this document to serve as our letter of intent to apply for a Revocable Permit
Application to temporarily use the public right —of way described in Exhibit 'A' attached
Our decision to procure the Revocable Permit Application is the need to install a Directional,
Informational Sign referred to as — Monument Sign Illuminated -EXT 1 0 in site plan and sign
elevation drawings Please refer to these drawings for location and sign specifications
After careful review of possible locations to install this sign, we feel it is the best interest of
the general public to find our Main Entrance and also to anyone in need of Valet Services as
the best location to position the sign This location is also vital to anyone in need of way
finding our EMERGENCY Entrance
With all things in consideration we would appreciate your favorable consideration in our
request. Feel free to call me at 719 - 584 -4788 or contact our representative, Chris Rusch at
Rusch Signs and Graphics, Inc at 303 - 475 -8243 with any questions
Sincerel
Tim Al n
Senior Vice President /Chief Operating Officer
Client#: 163281 PARKHEAL
ACORD,„ CERTIFICATE OF LIABILITY INSURANCE DATE I �'""'")
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
HUB International Ins Svcs Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1414 W 4th St HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
P.O Box 58
Pueblo, CO 81002 INSURERS AFFORDING COVERAGE NAIC #
INSURED NSURERA. Continental Casualty Company 20443
Parkview Health System Inc. etal INSURER B: Pinnacol Assurance Company 41190
400 W 16th INSURER C: Chubb
Pueblo, CO 81003
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
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POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMBS
LTR INSRC DATE (MM/DD/YYYY) DATE (MM/DD/YYWI
A GENERAL LIABILITY HM1110643859215 09/0112010 09101/2011 EACH OCCURRENCE $2,000,000
X COMMERCIAL GENERAL LIABILITY PREMISES 8100,000
I CLAIMS MADE e OCCUR MED EXP (Any one person) 85,000
X BI /PD Ded:50000 PERSONAL & ADV INJURY $2,
Retro date 7/15/76 GENERAL AGGREGATE $4,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGG $4,000,
7 POLICY n JECT I I LOC
AUTOMOBILE LIABILITY I
COMBINED SINGLE LIMIT $
— ANY AUTO (Ea acddent)
ALL OWNED AUTOS BODILY INJURY
_ SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON -OWNED AUTOS
(Per acddent)
$
PROPERTY DAMAGE $
(Per acddent)
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY AGG $
EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR I CLAIMS MADE AGGREGATE 8
DEDUCTIBLE $
RETENTION $ $
B WORKERS COMPENSATION AND 4095785 09/01/2010 09/01/2011 X1 ORY I IMTTS 1 ID R
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE ra E.L. EACH ACCIDENT $1,000,000
FICCER� EXCLUDED? tMEEMB R
Iandatoryln ) E.L. DISEASE EA EMPLOYEE $1,000,000
S yes, desce under
SPECIAL PR belay E.L. DISEASE POLICY LIMIT $1,000,000
A OTHER Profess.Liab HMH10643859215 09/01/2010 09/01/2011 $2,000,000 each claim
Retro: 7/15176 $4,000,000 Aggregate
DESCRIPTION DE OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate Holder is additional insured with regard to general liability per policy forms and conditions,
Regarding:Revocable Permit for lighted monument sign
CERTIFICATE HOLDER CANCELLATION 10 Days for Non - Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Pueblo DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3f1 DAYS WRITTEN
211 E. D St. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL
Pueblo, CO 81003 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
A HORIZED EPRESEMTIVV I
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