HomeMy WebLinkAbout12228RESOLUTION NO. 12228
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO CATHOLIC HEALTH
INITIATIVES OF COLORADO, A COLORADO NON
PROFIT CORPORATION, DBA ST MARY CORWIN
MEDICAL CENTER FOR THE USE OF THE RIGHT-OF-
WAY LOCATED ON OAKLAND AVENUE FROM
MINNEQUA AVENUE TO PARK PLACE TO ALLOW FOR
THE INSTALLATION OF FIBER OPTIC CABLES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued St Mary Corwin
Medical Center for the use of the right-of-way located on Oakland Avenue from
Minnequa Avenue to Park Place to allow for the installation of Fiber Optic Cable.
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 September 12, 2011
BY: Vera Ortegon
COUNCILPERSON
Background Paper for Proposed
RESOLUTION
DATE: SEPTEMBER 12, 2011 AGENDA ITEM # M-9
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO
CATHOLIC HEALTH INITIATIVES OF COLORADO, A COLORADO NON PROFIT
CORPORATION, DBA ST MARY CORWIN MEDICAL CENTER FOR THE USE OF
THE RIGHT-OF-WAY LOCATED ON OAKLAND AVENUE FROM MINNEQUA
AVENUE TO PARK PLACE TO ALLOW FOR THE INSTALLATION OF FIBER OPTIC
CABLES
ISSUE
Should City Council issue a Revocable Permit to St. Mary Corwin Medical Center for the
use of the right-of-way from Oakland Avenue from Minnequa Avenue to Park Place?
RECOMMENDATION
The Revocable Permit Review Committee recommends approval of this Resolution.
BACKGROUND
The Applicant is requesting permission to install Fiber Optic Cables in the right-of-way
that would allow network connectivity between St. Mary Corwin Medical Center and the
Centura Health Medical Center located at 924 Indiana Avenue.
FINANCIAL IMPACT
The Medical Center is reimbursing the City for it’s administrative costs associated with
issuance of the Revocable Permit.
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 Catholic Health Initiatives Colorado, a Colorado non
profit Corporation, DBA St Mary Corwin Medical Center, 1008 Minnequa Avenue, Pueblo, CO 81005
2. Permitted Area. Oakland Avenue from Minnequa Avenue to Park Place
3 Purpose of Revocable Permit: Fiber Optic Boring and placement, as shown on attachments hereto
4 Authorized Improvements.
5 Commencement Date September 12 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 cafe, 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) Permittee shall pay revocable permit fee of $50 00 Application fee and $750 00 Private Network Fee.
(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 (i) above; or (v) revocation or
termination of this Permit by resolution of the City Council of City
(n) Permittee 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 Lx day of t4k 1 05 / , 20 ' i
PERMITTEE.
Organizatio e, C tholic Health Initiatives of Colorado, a non profit corporation, dba St Mary Corwin Medical Center
BY' .S
Title. Srn G Tii%sfGiT /.eI $ ®!
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss
The foregoing instrument was acknowledged before me the trt day of�2.� �- K , 20 1 1 by
O k ■ Ter' ` avy)p 1-e_, as EICA±Le.S Dj r' eG+D r
My commission expires. 9. \a ' 12
,' S E A, L-]
Notary Public
.APPROVED this 12th day of September 20 11
,'�� PU A a Municipal Corporation
By I
Preside s f �� ity ouncil
CA — 4/6/10
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7 F h
FIRST INITIATIVES INSURANCE, LTD
Grand Pavilion Commercial Centre, Suite 6
P 0 Box 10073
Grand Cayman, KY1 1001 Cayman Islands
(345) 943 -2645 Fax (345) 943 -2646
THIS IS TO CERTIFY TO DATE OF CERTIFICATE ISSUANCE.
July 1 2010
NAME AND ADDRESS OF CERTIFICATE HOLDER: ORIGINAL DATE OF ISSUANCE
December 18, 2000
CENTURA HEALTH — ST MARY - CORWIN HOSPITAL
1008 MINNEQUA AVENUE
PUEBLO, CO 81004
CERTIFICATE OF SELF-INSURANCE
That the described self - insurance coverages as provided by the indicated policy and issued by the company has been issued to
Named
Insured: CENTURA HEALTH — ST MARY - CORWIN HOSPITAL
Address: 1008 MINNEQUA AVENUE
PUEBLO CO 81004
The Policy identified below by a policy number is in force on the date of Certificate issuance. Self- Insurance is afforded only with respect to those coverages for which a
specific limit of liability has been entered and is subject to all the terms of the Policy having reference thereto. This Certificate of Self- Insurance neither affirmatively nor
negatively amends, extends or alters the coverage afforded under any policy identified herein.
POLICY NUMBER POLICY PERIOD
FIPR00710 EFF 07/01/10
EXP 07/01/11
TYPE OF SELF - INSURANCE DESIGNATED BELOW COVERAGES LIMITS OF LIABILITY
BODILY INJURY PROPERTY DAMAGE,
PERSONAL INJURY LIABILITY &
COMMERCIAL GENERAL LIABILITY MISCELLANEOUS PROFESSIONAL LIABILITY $8,000,000 Each claim
HOSPITAL PROFESSIONAL LIABILITY AS DESCRIBED $8,000,000 Each claim
Claims made coverage. Policy retroactive date is: July 1 2002
SPECIAL CONDITIONS /OTHER COVERAGES ID NUMBER: 0509B
EVIDENCE OF COVERAGE AS RESPECT TO ALL EMPLOYEES OF THE NAMED INSURED FOR THE DUTIES AND RESPONSIBILITIES AS SUCH, INCLUDING
ALL EMPLOYED ALLIED HEALTH PROFESSIONALS.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written
notice to the above named certificate holder but failure to mail such notice shall impose no obligation or liability of any kind upon the company
Authorized Representative