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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 th 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.-. ��•- �. ►4 i 1 p 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 ' ' By Presid t of City / i ouncil CA - 4/6/10 o,Z N IN ❑ 8 g` ,3 \ d fi z 14' - , r I I 11 1111, J :1;1',,1::.1.!: rr e A (fA if :4'4;1 i t a t . +, i; o m a o it u s ,, i,' , %' ,, ' , :..'.'' Y�i r a d % r r a l Yr r N m m E i'� z{di5 ■ � }� �i � c +1 o' i i , ,� m 3 N � E a 1 � °' >. "` n;3' ¢ "4 `��` t x " y Y ' m° .i'- v 8 o u �' m y,'eo "�'' ��fr , n � .�' ° ! e x'n Of' � ! fill N r , # (' Q till ., g g � r m N :.N ' ` .S'"f 1 % 'fii i � i {� 1! 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"CC�y ` ,,' 4b d w > y,V''` , r r % $x i p Y G y iw rS y i ;iM t • . 8 9 I ' i 1 311N3AV ONV2iD H121ON fit li • ., •y. . 1 _ I ' i [ • It Zd _ o c) i W z ' cl ______________ — ,___ ___ a L ____J k \* 1332i1S GOOMN331:10 H12ION — 1 / 1 / \ \\\ \\\\\\\\\ \ \\\ \\\\\\`\ \\ \ _ i 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 ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH 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 ACORD 25 (2009101) 1 of 2 #S10824791M887436 a 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TB01