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HomeMy WebLinkAbout6450RESOLUTION NO. 6450 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PARKVIEW EPISCOPAL MEDICAL CENTER RELATING TO OFF - STREET PARKING AND DEFERRING THE APPLICATION OF THE CITY'S OFF - STREET PARKING ORDINANCES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement between Pueblo, a Municipal Corporation and Parkview Episcopal Medical Center dated October 10, 1989, relating to off - street parking and deferring the application of the City's off - street parking ordinance, a copy of which is attached hereto and incorporated herein, is hereby approved. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED October 10, 1989 _y - c lie tr� By DR. GILBERT GARBISO Councilman APPROVED 7 ident of the Council AGRRRMRNT THIS AGREEMENT entered into as of the 10th day of October, 1989 between Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Parkview Episcopal Medical Center, a Colorado Nonprofit Corporation, 400 West Sixteenth Street, Pueblo, Colorado, 81003 (the "Parkview "), WITNESSETH: WHEREAS, Parkview intends to construct a new surgical center_ and related improvements to its facilities at 400 West Sixteenth Street, Pueblo, Colorado which will include parking for fifty (50) motor vehicles (the "New Addition "), and WHEREAS, after construction of the New Addition Parkview will not have sufficient off - street parking spaces or facilities to meet and comply with the requirements of Sections 17 -4 -43 to 45 of the City's 1971 Code of Ordinances (the "Parking Ordinances "); and WHEREAS, Parkview has requested the City Council of City to defer the application of the Parking Ordinances until September 1, 1991 in order to allow Parkview to immediately obtain a building permit for the construction of the New Facility, and WHEREAS, the City Council of City is willing to temporarily defer the application of the Parking Ordinances upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the foregoing and mutual promises and covenants herein set forth, City and Parkview agree as follows: 1. Parkview represents and warrants that (i) its off - street parking requirements under the Parking Ordinances including those required by the New Addition are five hundred fifty -eight (558) parking spaces and that immediately after the construction of the New Addition it will have available five hundred ten (510) parking spaces meeting the requirements of the Parking Ordinances, (ii) its New Addition shall include at least fifty (50) additional parking spaces meeting the requirments of the Parking Ordinances to offset for the on grade off - street parking spaces that the construction of the New Addition will eliminate, (iii) Parkview has full corporate power to execute and deliver this Agreement and all corporate action on its part necessary for the valid execution and delivery of this Agreement has been duly and effectively taken, and (iv) this Agreement is the legal, enforceable and valid obligation of Parkview. 2. Parkview shall on or before December 1, 1991 complete construction on its property of additional parking facilities for at least forty -eight (48) parking spaces or such additional number of parking spaces which together with all other_ qualifying off - street parking then available to it will provide adequate off- street parking spaces meeting and complying with the Parking Ordinances then in effect (the "Parking Facilities "). 3. Parkview shall from date of commencement of construction of the New Addition and until completion of the Parking Facilities commit to and make available for parking at least seventy -eight (78) off - street parking spaces (in addition to the 50 spaces now committed) at its child care center_, 511 West Fourteenth Street, Pueblo, Colorado. Parkview shall through its advertising and signage inform its employees, customers, invitees and other persons using its hospital and medical facilities that such parking spaces are available for their use. Parkview shall encourage such persons to use those parking spaces and, if legally permissible, require its employees to park their motor vehicles at its child care center. 4. The occurrence and continuance of any of the following events shall constitute an "event of default" hereunder: (a) failure of Parkview to comply with or perform any of the covenants, conditions or provisions hereof and failure to remedy such default within 30 days after notice thereof from City, provided, that if any such failure can be remedied by Parkview, but cannot be remedied within the 30 -day period described above, such failure shall not constitute an event of default if remedial action is instituted by Parkview within such 30 -day period and diligently pursued until such failure is remedied; or (b) if any representation or warranty made by Parkview herein proves to be untrue in any material respect and shall not be made good within 30 days after notice thereof to Parkview by City. 5. Upon the occurrence and during the continuance of any event of default hereunder, any and all certificates of occupancy issued by the City or the Pueblo Regional Building Department for the use and occupancy of the New Addition shall automatically be suspended and Parkview shall immediately vacate and cease all use of the New Addition until such default is remedied and City shall have the following rights and remedies, in addition to any other remedies herein or by law provided: (a) The City or any owner of real property located within 300 feet of Parkview's hospital and medical complex, personally or in the name of the City, may proceed to enforce the terms and provisions of this Agreement including a suit or suits in equity or at law, whether for damages or for the specific performance of any obligation, covenant or agreement contained in this Agreement. Parkview waives the right, if any, to claim or assert, and agrees not to claim or assert in any action to enforce this Agreement that this Agreement or any covenant or provision hereof is invalid or unenforceable. (b) In the event of any proceedings to enforce the terms and provisions of this Agreement, the party prevailing in such proceedings shall be entitled, in addition to other damages, costs, or relief, to receive reasonable attorney fees from the other party. 6. The City Council of City does hereby approve the issuance of a building permit for the construction of the New Addition provided that the construction of the New Addition and the New Addition meets and conforms with all other ordinances, resolutions, codes and regulations of the City except the Parking Ordinances. 7. Parkview shall indemnify and hold harmless City, its officers, employees, attorneys and agents from any and all actions, claims and demands, in law or equity, damages, costs, expenses including reasonable attorney fees, and liabilities of whatever kind or character arising out of or in any manner resulting from this Agreement, or Parkview's performance or non- performance hereof, or the actions of the City and its City Council in deferring compliance with the Parking Ordinances and /or the approval of the issuance of the building permit as herein provided. 8. This Agreement sets forth the entire understanding of the parties and may be amended, altered or changed only by an instrument in writing signed by both parties. 9. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of the City and Parkview and their respective successors and assigns and, during the occurrance of a default, the owners of real property located within 300 feet of Parkview's hospital and medical complex in Pueblo, Colorado. 10. No provision of this Agreement may be waived except by written instrument signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. Executed the day and year first above written. [SEAL] PUEBLO, A MUNICIPAL CORPORATION ATTEST: 411 A" C y Clerk Pr's dent of e City Council [SEAL] PARKVIEW EPISCOPAL MEDICAL CENTER ATTEST: By Secretary TJ 39.25 -3-