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HomeMy WebLinkAboutPACKET Public Works 2006-01-12AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8 a.m. Thursday, Jan. 12, 2006 Preparation date: 1/9/6 ACTION ITEMS: 1. Park Hospital District north property line (undeveloped 50-ft. Right ofWay) • Lease agreement approval request (Town Attorney review complete) REPORTS: No Formal Reports Note: The Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. TOWN of ESTES PARK Inter-Office Memorandum January 10, 2006 TO: Public Works Committee FROM: Bill Linnane ~60/ SUBJECT: Park Hospital lease Agreement - Prospect Avenue Right-of-Way Background: A development plan for the Estes Park Medical Center will be reviewed at the January 17th Planning Commission meeting. The hospital is requesting that the portion of Prospect Avenue R.O.W. that connects Stanley Circle Drive to Prospect Avenue be leased for its use, thereby removing any road connection. (Refer to the rough sketch of proposal.) Important issues to be considered: . The Town has no plan to use the R.O.W. • The existing driveway connection to Stanley Circle Drive will be deleted (except for emergency vehicles). This will eliminate higher-speed vehicle and pedestrian conflicts. • The lease agreement will prohibit future road connections along the hospital's north property line between Stanley Circle Drive and the existing Prospect Avenue roadway. The rough sketch illustrates the proposed concept. As mentioned earlier, the removal of this "short-cut" section will reduce future vehicle and pedestrian conflicts. Town staff supports the request. The proposed lease agreement and Town Attorney White's review letter are attached. White's comments have all been satisfied in the proposed agreement. Cost/Budget N/A Action: Staff recommends approval of the agreement. BL/lb 1-1 9 4.2 0 7-3 1 4 E 2 70 C 'a) 0 0 0 4..9 /> tem ¤ a r Alk \:-I- -- £1 -- /10 21 4 '1 0 ...1 ·44.6, 03 9 6-%*BNE 131 ©am -7; 1-'. 70; A =B ¢1 ; i/ \\\ik ... AE . r , IT!11 .... r,1 \2 -1/ '-d X U --1 - i f..24\ 4 \6 •1· lilli -~ , 21 .. ....00 r \ 11 U .fl. 0 1 1 lili / . 32 +. ; N Al . / 1 / I - .. 0.3 4 9-7 0 1 Za -47 .3; * -- \ J\\ Ak:*r, 4 .m'21\ / E IK« . =t ,61 i jr I' \31 . . I .12...., 0 04/ 0 4 -P> 04% I.V ./, V 1 61 1/0 , Al 1,11 2 t e 0 - 1 3 1 1 U U ro m 5 -f I '-1 0 I i 12~1! 4~0 O 4 4- L 0 LUEM L// (0 (9 8 2 In in := 58 0. filll 35Elitit <wilm 2 60- Lu - It -LL H // (0 U @y> '.& 3%% 0 - d 0 8 CO 4 11-irT w m T * 2 1 b. U Co - *AAE.1 A K (133UJS) G urseu 020'OI Js €09'5 + : alled M?Jol Drainage Ba GREGORY A. WHITE Attorney at Law North Park Place 1423 West 29th Street 970/667-5310 Loveland, Colorado 80538 Fax 970/667-2527 November 16,2005 John G Phipps, P.C. P O Box 1569 Estes Park, CO 80517 Dear John: I talked with Bill Linnane, Public Works Director of the Town with regard to the proposed IGA - Lease between the Town and the Hospital for the expansion of the parking area onto Town property. Based on that conversation, I have the following suggested changes, including those that we discussed in our phone conference of today. 1. Due to legal considerations, it is my opinion that an Intergovernmental Agreement should be redrafted as a Lease. Section 31-15-713 (1)(c) C.R.S. allows the Town to lease any real estate owned by the Town. Any Lease for a period of more than one year shall be by Ordinance. As we discussed, I do not believe there is any legal certainty to long term Intergovernmental Agreements. Since both parties of this Agreement are governmental entities, I think a Lease is a more appropriate method to deal with this matter. I would suggest the term of the Lease be for twenty (20) years plus an additional twenty (20) year term at the option ofthe Hospital. 2. Please put a provision in the Lease that you will bury the power line across the Property including responsibility for all costs for said activities and restoration of the surface. 3. Please add the following phrase to Paragraph 6 concerning lighting: "Prior to installation ofany lighting, the District shall receive approval ofthe proposed lighting from the Community Development Department of the Town which approval shall not be unreasonably withheld." 4. Please add a provision to the Lease that the District agrees to be bound by and perform all the terms and conditions of the approved Development Plan. If you need anything further, pleasg do not hesitate to give me call. Thank you for your help in this matter. Very pruly yours. 1 lic U.PE / Grego~/A. White GAW/ldr Ce: Randy Repola Bill Linnane Bob Joseph f • e .4 4,04· 1'4 -1 4-* ?,ti Ze-P U h Mel 9 m / 8, ..41 » py 144/ 0 ,.... LEASE AGREEMENT This Lease Agreement, effective this day of , is by , and between the Town of Estes Park, a Colorado municipal corporation (Town), and the Park Hospital District, a Colorado quasi-municipal corporation and political subdivision (District), is as follows: Town owns real property, described upon Exhibit A which is attached hereto and incorporated herein by this reference, which is adjacent to the northwesterly boundary of real property owned by District which is described upon Exhibit B attached hereto and incorporated herein by this reference. District desires to develop the property described upon Exhibit A, and Town hereby agrees thereto on the terms set forth herein. Section 31-15-715, C.R.S. provides that the Town may lease its property as herein set forth. District shall develop the property described upon Exhibit A as set forth upon the Development Plan, to which the parties agreed, and which was officially approved by the Town on the day of ,2005. Therefore, in consideration of the performance of the terms hereof, Town hereby leases to District the property described upon Exhibit A hereto for a term of twenty years beginning April 1, 2006. In addition, this Lease will automatically renew for two additional twenty year terms unless the Town gives written notice to the contrary no later than 180 days prior to the date upon which the term then in effect expires. 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 consult with the Town. Furthermore, District hereby specifically agrees to the following terms with regard to its development and use of the property described on Exhibit A: (1) The development of said property will begin on or about April 1, 2006, and be completed within one year thereafter; (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 are privately owned and are adjacent to the northerly line of this property, and the landscaping shall be maintained by the District; (3) To the south of the landscaping area, the District will install, on the remaining twenty feet of this area, an asphalt parking area which will be connected, at the westerly and easterly ends, to other parking areas on the District' s property; (4) The parking area shall be for no more than forty-five vehicles, and the parking area together with the portion of the loop-drive within the property described upon Exhibit A will be maintained by the District. (5) The District may, if not presently but in the future, install lighting in and for this parking area, which will be downcast lighting; and District will consult with the Estes Valley Community Development Department before so doing. (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 not remove the asphalt paving in the right of way which connects the District'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., C.R.S., 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: . Town Administrator Chief Executive Officer Town of Estes Park Estes Park Medical Center P.O. Box 1200 P.O. Box 2740 Estes Park, CO. 80517 Estes Park, CO. 80517 This Agreement shall be construed pursuant to the laws o f the State of Colorado, and no interpretation shall be necessarily construed against the party who prepared this Agreement. 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 terms 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 Attest: By Mayor Town Clerk Park Hospital District Attest: By President Secretary .. I ...-1 . Abil- le hp LaserJet 3015 HP LASERJET FAX invent Jan-9-2006 5:10PM Fax Call Report Job Date Time Type Identification Duration Pages Result ,10 1/ 9/2006 5:04:21PM Send 5869561 0:36 1 OK 11 1/ 9/2006 5:05:02PM Send 5869532 0:·00 0 Busy 12 1/ 9/2006 5:06:36PM Send 5869532 0:48 1 OK ·~ 13 1/ 9/2006 5:07:29PM Send 5861691 0:52 1 OK J 14 1/ 9/2006 5:08:26PM Send 6353677 0:49 1 OK 15 1/ 9/2006 5:09:21PM Send 5771590 1:10 1 OK 6 .- t AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8 a.m. Thursday, Jan. 12, 2006 Preparation date: 1/9/6 ACTION ITEMS: 1. Park Hospital District north property line (undeveloped 50 ft Right of Way). • Lease agreement approval request (Town Attorney review complete) REPORTS: No Formal Reports Note: The Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. 4