HomeMy WebLinkAbout14905RESOLUTION NO. 14905
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO PARKVIEW MEDICAL CENTER, INC
FOR THE USE OF THE RIGHT OF WAY ON NORTH GRAND
AVENUE FOR REPLACEMENT OF THEIR MAIN ENTRANCE
WAYFINDING SIGN
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,
INC for the replacement of the main entrance wayfinding sign within the North Grand Avenue right
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of way at 400 W. 16 Street.
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 authorized to perform any and all acts consistent with
the intent of this Resolution to implement 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 June 13, 2022 _____
BY: Sarah Martinez
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-4
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: June 13, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO PARKVIEW MEDICAL CENTER, INC FOR THE USE OF THE RIGHT OF
WAY ON NORTH GRAND AVENUE FOR REPLACEMENT OF THEIR MAIN
ENTRANCE WAYFINDING SIGN
SUMMARY:
Attached is an application for a revocable permit submitted by Parkview Medical Center, INC.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Parkview Medical Center, INC is requesting the use of the North Grand Avenue right of way to
th
replace the main entrance wayfinding sign located at 400 W. 16 Street.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will require the sign to be installed in a different location.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit, Letter of Intent, Certificate of Liability, Map
Reception 2281870
06/27/20.22 04:08 06 PM
re: Resolution 14905
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. Leslie Barnes, CEO /Parkview Health System, Inc. /Parkview Medical Center, Inc. / 400 W. 16th St. Pueblo,
CO 81003/719-584-4573
2. Permitted Area: North West corner of 16th St and Grand
3. Purpose of Revocable Permit: Replacement of existing Monument sign with new Branding Conformance sign of
same dimension within the Public Right of Way
4. Authorized Improvements:Replacement of outdated sign
5. Commencement Date: 15 July 2022 Time:00:01 am
6. Ending Date: indefinite Time:indefinite
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 café, the Permittee and sidewalk café 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.
(1) 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—6/7/17
2281870 06/22/2022 04:08:06 PM
Page: 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz C.terklReoorder. Pueblo County, Co
lIII RIPAIAti J1414'I 44ti iaK fiATM OIN,:,,lik 11111
(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).
(I) 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. The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(0 until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(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 J1il day of_May 20 22
PERMITTEE:
Organization: Parkview lth System •
i
By:Leslie Barnes ,, �C(iar t
Title: Chief Executive Officer
STATE OF COLORADO )
COUNTY OF PUEBLO )ss..
Via
The foregoing instru ent was acknowledged before me the I 1 day of 11V\pt,V,A , 20by
G'eknj,r as 1,)n
My commission expires: Q a
[SEAL]
ice ..
BRIDGETT K PODHIRNY I rotary 'ublic
1 NOTARY PUBLIC-STATE OF COLORADO
NOTARY ID 20154037262
MY COMMISSION EXPIRES SEP 18,2023
APPROVED this Com " day of (Tu.�,,` 2
PUEBLO,a Municipal Corporation
BY
ri„Laweeizr.ie
—Nin o a A. Gradisar, Maybr
CA—6/7/17