HomeMy WebLinkAbout13885RESOLUTION NO. 13885
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
PARKVIEW MEDICAL CENTER, TO DEFER INSTALLING
UNDERGROUND UTILITIES, AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAID
AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement between the City of Pueblo, a Municipal Corporation, and Parkview
Medical Center, a copy which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Agreement on behalf
of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City to the
Contract Amendment and attest the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to effectuate the policies and procedures described
herein.
SECTION 4.
The City Clerk is directed to cause said Agreement to be forthwith recorded in the office
of the Pueblo County Clerk and Recorder.
SECTION 5.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED February 12, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK
City Clerk’s Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: February 12, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Earl Wilkinson, Director of Public Works
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND PARKVIEW MEDICAL CENTER,
TO DEFER INSTALLING UNDERGROUND UTILITIES, AND AUTHORIZING
THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID AGREEMENT
SUMMARY:
This Resolution it to approve an agreement between the City of Pueblo and Parkview Medical
Center.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
As part of the subdivision process and subject to Section 12-4-7(c)(6) of the Pueblo Municipal
code, the Subdivider is required to relocate and install underground the overhead electric
distribution lines and related equipment adjacent to the property. Parkview Medical Center
thth
recently subdivided property between 13 Street and 14 Street and east of Grand Avenue,
known as Parkview South Annex Subdivision. The undergrounding of overhead power lines is
required; however, in this case the undergrounding of an existing overhead power line for one
block is not possible; a longer length for undergrounding is required by Black Hills Energy. To
meet the subdivision requirements the Subdivider, Parkview Medical Center has agreed to enter
into an agreement deferring the installation.
FINANCIAL IMPLICATIONS:
None
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 9, 2016 Regular Meeting recommend
approval of the subdivision with a motion to deny the waiver request for undergrounding the lines
along Grand Avenue; thus, initiating a deferred installation agreement.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
Denying the Resolution would remove the undergrounding requirement and would be contrary to
the Planning and Zoning Commissions above motion.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Agreement with exhibits
Reception 2098734
03/07/2018
AGREEMENT TO DEFER INSTALLING UNDERGROUND UTILITIES
This Agreement is made effective as of fe c e.n Ac'._ i2 , 20 18 , by the City of
Pueblo, a Colorado Municipal Corporation (City), and PO(/(Vi-e(4) rried/ii, (efitt
(Subdivider).
1. The Subdivider wishes to subdivide the property legally described in attached Exhibit "A."
(the Property).
2. The City agrees to authorize and approve subdividing the Property pursuant to the City's
subdivision ordinances and related requirements.
3. As part of the subdivision approval process and subject to Section 12-4-7(c)(6) of the
Pueblo Municipal Code, Subdivider is required and agrees to relocate and install underground the
overhead electric lines and related equipment adjacent to the Property as provided and in compliance
with the City's specifications and requirements.
4. The overhead distribution lines to be installed underground are located in the Grand
Avenue right-of-way (east side) from the south side of 13th Street to the north side of 14th Street.
The relocation and installation of such electric lines will be completed by December, 2030 or at such
time as directed by the Director of Public Works.
5. Installing underground the overhead electric and utility transmission lines will comply with
the City's Rules and Regulations in effect when Subdivider is required to install them.
6. A sketch of the property to be served being subdivided and a survey of the overhead
electrical lines are attached and made a part of this Agreement as Exhibits "B".
7. All recording fees for this Agreement and related documents will be paid by the
Subdivider.
8. This Agreement shall be binding upon the heirs, personal representatives, administrators,
successors, and permitted assigns of the respective parties.
9. ASSIGNABILITY
This Agreement shall neither be assigned nor transferred by either party without the prior
written consent of the other party. Any assignment or attempted assignment violating this provision
shall, at the non-assigning party's election, be deemed void and of no effect.
10. SIGNATURES
The persons signing this Agreement on behalf of each party represent and warrant that
they and their respective party have the requisite power and authority to make, execute, and deliver
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Gilbert Ortofiz CleRrk2/Recor00dDer; Pueblo County, Co
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this Agreement, and that this Agreement is a valid and legally binding obligation of such party and
enforceable against it in accordance with its terms.
11. NO COSTS OR ATTORNEY'S FEES
In the event of any litigation or other dispute resolutions process arising out of this
Agreement, the Parties agree that each shall be responsible for its own costs and attorneys' or other
fees associated with any such action.
12. ENTIRE AGREEMENT: AMENDMENTS.
This Agreement constitutes the entire agreement between the Parties relating to the
subject matter. All prior or contemporaneous oral agreements and discussions between the Parties or
their respective agents or representatives relating to the subject matter are merged into this
Agreement. This Agreement may be altered, amended, or revoked only by an instrument in writing
signed by the Parties. Email and all other electronic (including voice) communications from either
Party in connection with this Agreement are for informational purposes only. No such
communication is intended by either Party to constitute either an electronic record or an electronic
signature or to constitute an agreement by any Party to conduct a transaction by electronic means.
Any such intention or agreement is expressly disclaimed.
13. APPLICABLE LAW
This Agreement shall be governed by and construed according to the law of the State of
Colorado. Venue shall be in Pueblo County, Colorado.
14. WAIVER
The failure of either Party to insist upon the strict performance of any provision of this
Agreement or to exercise any right, power, or remedy upon a breach shall not constitute a waiver of
that or any other provision of this Agreement or limit that Party's right to later enforce any provision
or exercise any right.
15. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall constitute
an original and all of which, when taken together, shall constitute one agreement.
16. PARTIES BOUND BY AGREEMENT
This Agreement is binding upon the Parties and upon their respective legal
representatives and successors.
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Gilbert Ortiz ClerklRecorder, Pueblo County. Co
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17. DISPUTE RESOLUTION
If a dispute arises between the Parties relating to this Agreement, the following procedure
shall be followed: The Parties agree to meet and confer in good faith to attempt to resolve any
dispute, allowing a period of 30 calendar days for this process. If the Parties are unsuccessful in
resolving the dispute in this manner, the Parties may pursue any available legal or equitable remedy.
18. EFFECT OF INVALIDITY
If any portion of this Agreement is held invalid or unenforceable for any reason by a
court of competent jurisdiction as to any Party or both Parties, the Parties will immediately negotiate
valid alternative portion(s) to give as nearly as possible effect to any stricken portion(s).
The parties have executed this,Agreement on the day and year first above written.
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Gilbert Ortiz Clerk/Recorder, PuebloCounty, Co
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The foregoing was acknowledged before me this / ray ofh/1
20 I cSeAN-5 i0 h�1 .A •A/ICO lI
by f 1 as President of City Council and
B\"-Via-Ai' n/. UAct/
as City C�rk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My Commission expires: C 7f c.- 7/c= 0,,)6)
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Notary Publi
TAMMY A MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO ) STATE OF COLORADO
) SS NOTARY ID 20164023200
MY COMMISSION EXPIRES 07/26/2020
COUNTY OF PUEBLO
The foregoing was acknowledged before me this .56- day of march ,
20 g , by rn, cha6./ i fax
My Commission expires: 5 / /22.
� E. .fid 6 �..,nnarl
No ary Public
JEANNE E GARMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904006032
MY COMMISSION EXPIRES MAY 06,2022
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