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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 cZ4r %pa%a( 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 EX H I B I T A DE S C R I P T I O N A PO R T I O N OF PR O P E R T Y WO N T E D IN SE C T I O N 25 . TO W N S H I P 6 NO R I R RA N G E 73 WE S T OF Th E 5t h RI M . . 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