HomeMy WebLinkAboutORDINANCE 01-060 0
ORDINANCE NO.1-06
AN ORDINANCE APPROVING THE LEASE AGREEMENT
BETWEEN THE TOWN OF ESTES PARK AND THE
PARK HOSPITAL DISTRICT
WHEREAS,the Town is the owner of a dedicated public right-of-way known as
Prospect Avenue located within the Town;and
WHEREAS,a portion of Prospect Avenue located north and contiguous to
property owned by Park Hospital District has not been opened and maintained as a
public roadway;and
WHEREAS,the Park Hospital District has requested to lease that unopened
portion of Prospect Avenue for use by the Park Hospital District as part of its expansion
of the Estes Park Medical Center;and
WHEREAS,the Board of Trustees has determined that the Town would benefit
from the leasing this portion of Prospect Avenue to the Park Hospital District for use by
the Park Hospital District as more fully set forth in the Lease Agreement.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
1.The Lease Agreement,as more fully set forth on Exhibit A attached hereto and
incorporated herein by this reference,is hereby approved.
2.The Mayor and Town Clerk are hereby authorized to execute the Lease
Agreement.
3.This Ordinance shall take effect and be enforced thirty (30)days after its
adoption and publication.
Passed and adopted by the Board of Trustees of the Town of Estes Park,Colorado
this 14th day of February,2006.
1
0 &
TOWN OF ESTES PARK
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yor
ATTEST:
àO A __l LNa as
Td.’n Clerk
I hereby certify that the above ordinance was introduced and read at a meeting of
the Board of Trustees on the i’-t’’day of 2006 and published in a
newspaper of general publication in the Town of Estes Park,tolorado,on the
day of
___________________
2006.
Ton Clerk
2
SCOTT DOYLE.CLERK
O 111111111111111111(1(1111(111
LPRXMER COUNTY CO
2006—002u675 rPAGES—4 FEE $21.00 DOC $0.00 #587814
LEASE AGREEMENT
This Lease Agreement,effective this ‘day of F%o,oq,,4 ,jao,is byandbetweentheTownofEstesPark,a Colorado municipal corporation (Town),and the ParkHospitalDistrict,a Colorado quasi-municipal corporation and political subdivision (District),isasfollows:
Town owns real property,described upon Exhibit A which is attached hereto andincorporatedhereinbythisreference,which is adjacent to the northwesterly boundary of realpropertyownedbyDistrictwhichisdescribeduponExhibitBattachedheretoandincorporatedhereinbythisreference.
District desires to develop the property described upon Exhibit A,and Town herebyagreestheretoonthetermssetforthherein.-.
Section 31-15-715,C.R.S.provides that the Town may lease its property as herein setforth.
District shall develop the property described upon Exhibit A as set forth upon theDevelopmentPlan,to which the parties agreed,and which was officially approved by the TownonthejjayofCcctc.&j 2006.
Therefore,in consideration of the performance of the terms hereof,Town hereby leasestoDistrictthepropertydescribeduponExhibitAheretoforatermoftwentyyearsbeginningApril1,2006.In addition,this Lease will automatically renew for two additional twenty yeartermsunlesstheTowngiveswrittennoticetothecontrarynolaterthan180dayspriortothedateuponwhichthetermthenineffectexpires.
District agrees to use the property as set forth in the aforementioned Development Plan.Prior to using the property in any other manner,District shall obtain the consent of the Townwhichwillnotunreasonablybewithheld.
Furthermore,District hereby specifically agrees to the following terms with regard to itsdevelopmentanduseofthepropertydescribedonExhibitA:
(1)The development of said property will begin on or about April 1,2006,and becompletedwithinoneyearthereafter;
(2)The northerly thirty feet thereof shall be landscaped,as shown on the Development
Plan,by the District for the purpose of providing a buffer area for the three properties which areprivatelyownedandareadjacenttothenortherlylineofthisproperty,and the landscaping shall
be maintained by the District;
(3)To the south of the landscaping area,the District will install,on the remaining twentyfeetofthisarea,an asphalt parking area which will be connected,at the westerly and easterly
ends,to other parking areas on the District’s property.
PLEL’cr ‘TT I.4 TQ H
Tr bS PARK;
CLERKS OFFICE ATTN:OWN CLERKS OFFICE
P0 BX 1200 P.O.BOX 1200ESTESPARKCO80517rnrrnnan.,n
(4)The parking area shall be for no more than forty-five vehicles,and the parking areatogetherwiththeportionoftheloop-drive within the property described upon Exhibit A will bemaintainedbytheDistrict.
(5)The District may,if not presently but in the ftture,install lighting in and for thisparkingarea,which will be downcast lighting;and District will consult with the Estes ValleyCommunityDevelopmentDepartmentbeforesodoing.
(6)The District will install no buildings within this area;and will take reasonable
measures to instruct delivery and rubbish removal vehicles to enter this area from the east;
(7)As shown on the Development Plan,the District will take reasonable measures to
have the drainage from this area directed to a drainage detention area which will be constructed
by the District on the east portion of its property,and the District will maintain the drainage
facilities;
(8)The driveway which presently connects the District’s parking area on the west side of
its property to Stanley Circle Drive will be closed off by the District with curb and gutter;which
will still allow for police and fire department access in case of an emergency.The Town will notremovetheasphaltpavingintherightofwaywhichconnectstheDistrict’s property to this
street,and will maintain said asphalt.District may place a sign at the entrance to its property at
this area indicating emergency access only.
District acknowledges and agrees that there are utility lines over and beneath the property
described on Exhibit A,and that the Town and other utility entities shall continue to have the
right to come upon said property for the purpose of repair and maintenance thereof,on the
condition that the surface be restored by the Town or other utility entity.
The parties mutually agree to hold harmless,indemnify and defend one another from and
against all claims,demands and legal actions for damages to person (including death)or property
caused by the negligent,willful or intentional acts of the other party and involving the property
described on Exhibit A hereto,including reasonable costs and reasonable attorney fees incurred
as a result thereof Each party agrees to give the other prompt,written notice of any such claims,
demands or legal action,and each party shall have the right to be represented by an attorney or
law firm of its choice.
The parties agree that by entering into this Agreement they are not in any manner
waiving,for themselves or any of their employees,officers or agents,any provision of the
Colorado Governmental Immunity Act,Section 24-10-101,et.Seq.,CR5.,as may be amended.
Neither party is an agent or employee of the other with respect to this Agreement.
All notices and other documents or information required or desired to be given to the
other party under this Agreement shall be written and shall be effective upon the date of personal
delivery or one day after the date of the postmark if mailed postage prepaid,as follows:
a
Town Administrator
Town of Estes Park
P.O.Box 1200
Estes Park,CO.80517
Chief Executive Officer
Estes Park Medical Center
P.O.Box 2740
Estes Park,CO.80517
0
This Agreement shall be construed pursuant to the laws of the State of Colorado,and nointerpretationshallbenecessarilyconstruedagainstthepartywhopreparedthisAgreement.
Both parties acknowledge having been represented by an attorney with respect to this
Agreement.
The parties agree that the District Court for Larimer County,Colorado,shall be the
proper court for venue and jurisdiction should litigation arise between the parties concerning this
Agreement.However,should either party believe that the other is in default under the tents
hereof,it shall give to the other party written notice thereof,stating all matters it believes to be in
default.The parties shall have thirty days subsequent to the delivery of such notice within which
to resolve the same.
This Agreement contains the entire agreements between the parties;may be amended
only by a dated written instrument signed by the parties;and shall not be assigned by either party
without the prior written agreement of the other party.
This Agreement shall be binding upon the parties,their successors and permitted assigns,
and shall run with the land described upon Exhibit A hereto.
Town of Estes Park,Colorado
ByMayor
Park Hospital District
0’
Attest:
By 944.i øn)
Iesident
4,7 jn
Secretary
lJ
Attest:
1:’3townEClerk
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