HomeMy WebLinkAbout14324RESOLUTION NO. 14324
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PARKVIEW MEDICAL CENTER FOR
THE USE OF NORTH GREENWOOD STREET FOR A RAISED
HELISTOP AND PROVIDING FOR THE CONSTRUCTION
THEREOF
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to Parkview Medical Center for
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the use of North Greenwood Street between West 15 Street and West 16 Street for the
construction of a helistop.
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.
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 Revocable Permit 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 December 9, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 9, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Dan Centa, P.E., Acting Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO PARKVIEW MEDICAL CENTER FOR THE USE OF NORTH GREENWOOD
STREET FOR A RAISED HELISTOP AND PROVIDING FOR THE
CONSTRUCTION THEREOF
SUMMARY:
Attached is an application for a revocable permit submitted by Parkview Medical Center.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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Parkview Medical Center is requesting the use of North Greenwood Street between West 15
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Street and West 16 Street to install a permanent helistop. The helistop will be constructed over
North Greenwood Street to allow traffic to pass below and will connect to Parkview Medical Center
via pedestrian bridge.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will prevent construction of the helistop in the right-of-way.
RECOMMENDATION
:
Approval of the Resolution.
Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Plat
re: Resolution 14324
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Gilbert Ortiz Clerk/Recorder. Pueblo County, Co
11111 FaFFINIM'«IV Ilialltri 1141117.44f:i Yiyh 11111
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 Parkview Medical
Center, Inc., a Colorado non-profit corporation ("Permittee"), subject to and conditioned upon the
provisions herein contained:
A. Permitted Area. Greenwood Street between 15th Street and 16th Street
B. Permitted Structure. Helipad
C. Owner's Property. Parkview Medical Center 400 West 16th Street Pueblo, Co 81003
D. Term of Permit. 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.
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE
DESCRIBED REVOCABLE PERMIT (THE "PERMIT") REPRESENTS, WARRANTS AND
AGREES:
The Permitted Structure shall be the only structure allowed within the Permitted Area. The Permitted
Structure and Permitted Areas shall be used solely for emergency helicopter transport related to and as
long as Owner operates in the City at minimum a level II trauma center.
This Permit shall not operate or be construed to abridge, limit or restrict the City in exercising its
right to make full use of the Permitted Area and adjacent rights-of-way as public thoroughfares nor shall
it operate to restrict any public utility in exercising its rights to construct, remove, operate and maintain
any facilities within the Permitted Area and adjacent right-of-way. In addition, City expressly 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 the Permitted Structure in exercising the right of access
hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to the Permitted
Structure, 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.
Permittee shall procure and maintain commercial general liability insurance covering the Permitted
Area and Permitted Structure with limits not less than One Million Dollars ($1,000,000.00) per person
and occurrence for personal injury, including but not limited to death and bodily injury, One Million
Dollars ($1,000,000.00) per occurrence for property damage, and Twenty Million and No/100 Dollars
($20,000,000.00) for excess umbrella liability. Such insurance coverage shall include coverage for those
hazards normally identified as X.C.U. during construction. The insurance coverage required herein
constitutes a minimum requirement and such enumeration shall in no way be deemed to limit or lessen
the liability of the Permittee under the terms of this Revocable Permit. All insurance coverage required
herein shall be written in a form and by a company or companies approved by the City's Risk Manager
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PagGilbert2of Ort Ortiz a 2Clerk/Recorder PuOeblo County,
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and authorized to do business in the State of Colorado. A certified copy of all such insurance policies
shall be filed with the Director of Public Works, and each such policy shall contain a statement therein or
endorsement thereon that it will not be cancelled or materially changed without written notice, by
registered mail, to the Director of Public Works at least thirty (30) days prior to the effective date of the
cancellation or material change. All such insurance polies shall be specifically endorsed to include all
liability assumed by the Permittee hereunder and shall name the City as an additional insured. Failure to
maintain such insurance shall cause this Permit to be automatically revoked.
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 Permitted
Structure in the Permitted Area, or the use of the Permitted Area or Permitted Structure by Permittee, its
officers, agents, employees, invitees, patients, customers, contractors, authorized personnel or general
public.
Construction of the Permitted Structure shall be accomplished in compliance with all applicable
codes, ordinances, rules and regulations of City and this Permit and all other applicable law and in
compliance with the Advisory Circular of the Federal Aviation Administration, U.S. Department of
Transportation, for Heliport Design including but not limited to required clearances and flight paths. Upon
completion, a reproducible copy of the exact location and dimensions of the Permitted Structure shall be
filed with the Director of Public Works.
Permittee shall keep maintain the Permitted Area and Permitted Structure in good, clean and safe
condition and repair and in compliance with all applicable codes, ordinances, rules and regulations of City
and this Permit and all other applicable law and in compliance with all requirements of the current or
future Advisory Circular of the Federal Aviation Administration, U.S. Department of Transportation, for
Heliport Design including but not limited to required clearances and flight paths.
Permittee shall remove and replace any and all street/alley paving, sidewalks, and curb and gutter,
both inside the Permitted Area and in the rights-of-way adjacent thereto,that become broken, damaged or
unsightly during the course of construction of the Permitted Structure. In addition,Permittee shall remove
and replace any and all street/alley paving, sidewalks, and curb and gutter,both inside the Permitted Area
and in the rights-of-way adjacent thereto, that become broken, damaged or unsightly when in the opinion
of the Director of Public Works, such condition has been caused by the activity of the Permittee or use of
the Permitted Area.
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 Land Use Administrative Official.
Any removal, replacement, demolition, modification or reconstruction of the Permitted Structure,
whether due to a force of nature or otherwise, without prior written consent of City shall cause this Permit
to be automatically revoked.
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Gilbert Ortiz Clerk/Pecorder. Pueblo County. Co
■III Pc)PON 1101111 rill 1111F.Miv1100 lollAh 11111
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.
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:
(a) If to Parkview Medical Center, Leslie Barnes, CEO, 400 West 16th Street Pueblo, CO 81003.
(b) 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.
Immediately upon termination of this Permit, Permittee shall, at Permittee's expense, remove all of
the Permitted Structure from the Permitted Area and clean and restore the Permitted Area to its original
condition. Failure to timely remove the Permitted Structure from the Permitted Area and clean and restore
the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permitted
Structure, and the City may, at Permittee's expense, remove and dispose of the Permitted Structure 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.
Nothing in this Permit shall be interpreted to limit or prevent the protections afforded to City under
the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
This Permit shall be recorded with the Pueblo County Clerk and Recorder and indexed among the
real property records applicable to the Owner's Property.
This Permit shall be construed in accordance with the laws of the State of Colorado,the Pueblo City
Charter, and the City's Codes, Ordinances and Rules and Regulations. In the event of any dispute over the
Permit's terms and conditions, the exclusive venue and jurisdiction for any litigation arising thereunder
shall be in the District Court of Pueblo County,Colorado,and,if necessary for exclusive federal questions,
the United States District Court for the District of Colorado.
The failure of City to insist, in any one or more instances, upon a strict performance of any of the
obligations, warranties or agreements herein contained, or the failure of City in any one or more instances
to exercise any option, privilege or right herein contained, shall in no way be construed to constitute a
waiver, relinquishment or release of such obligations, warranties or agreements, and no forbearance by
the City of any default hereunder shall in any manner be construed as constituting a waiver of such default.
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
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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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 4TH day of NoV`►l'(*Q, , 20 I C .
PERMITTEE:
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STATE OF COLORADO )
COUNTY OF PUEBLO ) ss..
The foregoing instrument was acknowledged before me the y fih day of
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b ic«,I wkar� Nina �.
My commission expires•_ .F1,. L 2o2.•-3 _ •
NRSIGREW
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[ SEAL ] 4 NOTARY PUBLIC-STATETATE OF COLORADO /.,01?
NOTARY ID 20154037287
4 MY COMMISSION EXPIRES SEP 21, 2023 p
Notary Public
APPROVED this /Q day of 7,b4ziodashi , 20q_.
PUEBLO, a Municipal Corporation
#.24Aiwase<4.01444• By
Mayor