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-