HomeMy WebLinkAbout1991 Ordinance No. 051CJIDINJ\NCE NO. _,SJ_
SERIES OF 1991
BY lllJ!l!ORITY
COONCIL BILL NO . 40
INl'ROOUCED BY CXXJNCIL
ME?-IBER Hl\'1111\WII Y
AN CRDINIIICE APPROVING II LEASE BE:IWE:EN TI!E CITY CF ~ AND 9'/IDISH ms
Ill Pl\R'rnIBSHIP, LID. TO OBI'AIN /\lRSP/\CE 0,/ER PUBLIC STREETS .
WHERE/IS , i t is necessary for the haalth , safety and we lfare of per sons in
the cx:mrun.ity using Swedish ~OB Ill Partnership to have a safe rre ans of foot
access between parking facilities and 1-X>B Ill;
Nai, 'n!EREFCRE, BE IT ORDAINED BY TI!E CITY CXXJNCIL OF 'lllE CITY OF ENGLEl,aJJ,
CXlLC11AOO, '!WIT:
Section 1. '!he lease bat.ween the City of Eng l ""'lOd, Coloraoo, and 9.oledi nh M'.lB
Ill Partnership for airspace over public streets is hereby approved. The
lease generall y contains the following provisions:
1. The City of Engle'•'OOd (Lessor) hereby agrees to lease a space over
south Clarkson Street bat,.-een East Girard Avenue and East Haupden
Avenue not less than sixteen point five (16.5) feet above said street
a t its present grade , twelve ( 12) feet in width , and said space shall
not ba rrore than twenty (20) feet above its lowest elevation and i s
described as follows:
An easarent for the construction maintenance and ope..:ation of a
pedestrian overpass and for a pedestrian ingress and egress
across sain overpass . '!he l°""st point a, the bot~an of said
overpass i s at an e l evation of 5385 .05 feet U.S .G.S. dattun. 'The
horizontal projection of said easement is described a s follu..'S:
A parcel o f land situated in a part of South Clarkson Street and
portio ns of the SE 1/ 4 of SE-ct i on 34, and the SW 1/ 4 o f Section
?,, a ll in Township 4 Socth, Range 68 We st , of the 6th P .M., City
of Engl""'OOd, County of Arapahoe, State of Colorado , being
Jescr ibad as follows:
camencing at the Southeast corner of said Section 34; thence
Wes terly along the South line of said Section 34, a distance of
30 .00 feet, to a point en the West right-of-way l ine of South
Clarkson Street extended South ; thence North along said extended
West right-of-way line a distance of 25 . 0 feet to the
intersection of said I-lest r i ght -of-way line oi South Clarkscn
Street with the North right-of-way line of East Hanpden Avenue ;
thence N<'<therly along the Westerly right-of-way line of South
Clarkson Street a distance of 133. 50 feet to the POi l'r.' OF
BEGINNING of this description ; thence continuing Northerly along
sa id Westerly right-of-way line a dis ance o f l ~.00 feet ; thence
Eastc>rly on a de flee ion angle to the J d t of goor 1' 34 " a
distance of 60 .53 feet to the Easterly right-of-way line of
S~Jth Clarkson Street; thence "<Ju;_.'-,:, ,y along said Easterly
right-of-way line, on a deflection angle to th" l eft of
9000 7'08" a distance of 12 .00 feet; thence Wes terly on a
deflectio n angle to the lP.ft o f 89°52 '52 " a distance of 60.49
feet to the Westerly r ight-o f-wa y line o f South Clarkson Street
and the POINT OF llFJ:iINNitlG. Con taining 726 square fee t , rrore or
l ess .
2 . Sa.i d l ease sha ll run for a period of twenty ( 20 ) years fran the date
o f the execution of said l ease , provided ,hc:,,,-ever , that Lessee ,ray
terminat e sai d l ease at any ti.ire during the twenty (20) ye ar period
by g iving Les sor due no tice at lea.st one ( 1) year prior to
termination date . Le ssor and Le ssee ag ree to rego t iate in good faith
for renewal of the term of the Lease upon the request of Lessee .
3. '!he r ental payable to Lessor under said l ease shall be the sum of Ten
Dollars ($10 .00 ) per tear, to be paid in annual i nstall.n-ents ,the
first payirent being due upon passage of this ordinance, and future
annual payirents to be due thirty days prior to the annual anniversary
dat e of said I.ease.
4. I.es see covenants an agrees that q:,on execution o f said Lease with
Lessor, it will in due oourse construct and erect in the leased
airspace , an enclosed pedestrian s.1<yb ridge which connects the parking
stnx:ture located ea.st of South Clarkson Street to the Medical Office
Building located ""'5t o f South Clarkson Street, .tiich skybridge to be
constructed will be used for the noverent of pedestrians 11r0ng the
parking stnx:ture and the office b.lllding a.med by the Lessee.
5. Lessee s hall have plans and specifications for said structure
prepared by a regis tered professional engineer and approved by the
Ci t y• s Engineer, obtain all recessary permits , pay all proper fees,
and CCJIPlY with all building and zoning regulations of the City.
6. Lessee shall safely nw.ntain said structure and regula t e the use and
occupancy thereof.
7. I.es see shall maintain and keep in force during the term of said Lease
pub lic liabili ty insurance in the i'll'OUI'lt of Five Hun dre d Thousand
Dollars ($500 ,000) for an indivi dual c laim and One Million .Jollars
($1,000,000) for nu l tiple c laims arising out of an accident involving
said struct ure o r the use or occupancy of the leased pr emises .
Lessor shall be held harmless fran all claims , liabilitie s, or causes
o f action arising out any i nj ury to any person , persons o r dal1'age to
rea l or personal pr operty a.rising oot o f construction , 11'aintena.nce ,
des truction o r disman tling o f said structure .
8. I n the event the City shou ld requ i re the use of , o r take pa.rt or all
of said office buildings or parki ng s tructure connected by the
pedestrian skybridge , the I.e ase would terminate. Le ssee shall pay
such charges as ,ray be incurred by U,ssor for rmoval o f the
facilities, ut ilities or s tructures between the s treet lines or under
the said pedestrian skybridge.
9 . Lessee shal l no t place any sign on the outside o f the st.ructure .
10 . J the eve nt of the destruction of said s tructure by an act of God ,
1 .blic enemie s, o r by reason of riot o,: ins urrection, the lease shall
,rminate and Le s see shall not be requi.r e d to pay any f urther rent to
.essor, unless l e ssee recons tnx:ts the s tnx:ture COTtrenci ng within
one y'?ar of the destruction.
11. Les sor rray enter upon said premis es to view the construct ic n of the
s tructure an d require any and a ll nec e s sary r epairs an d a l ceratio r.s
there to for the public safety and well-being.
12 . I n the event o f default o f payrren , Lessor rray decl are the term o f
said lease ended and rray take ;.osses sion of the s tructure .
13. Upon termination of lease, Lessee shall yield q, the are a without
further notice and cause the stru~ture to be rmoved or demolished.
Section 2. The Mayor and City Clerk are rereby authorized to sign and attest
said l ease for and on behalf of the City Council and the City of Englewood.
Introduced, read in full , and passed on first reading a, the 19th day of
August, 1991. .
Published as a Bill for an Ordinance a, the 22nd day of August, 1991.
Read by title and passed a, final readir,g a, the 3rd day of Septmber ,
1991.
Publisher\ by title as Ordir,ance No . 5 / , Serie,; of 1991 , on the 5th day
o f Septmber, 1~91.
~: . • J ,._/
~,:a,;, !A?. ~l
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood , Co l orado,
hereby certify that the above and foregoing is a true copy o f the Ordinance
passed on final reading and publis hed by title as Ordinance No . SJ...., Seri e s
of 1991. /-:) !~~-~ •;t/ (~-H t'
Patricia H. Cr ow
-3 -
/\IR RIQ?r.:; LEI\SE
THIS LFJ\Sll entered into as o f t:he day of~~----~• 1991 between
and among the CIT'i OF rnGLll·OOD, coi1iRiiiio, a nunicipal r-:,rpora tion, 3400 south
Elati Street , Englewood , Colorado , and Si"uJISH fl'.JB III PAA'rnERS HIP, a Colora,b
General Partnership , 501 East Harrpden l\vem :e , Englewood , Co l o rado 80ll0.
The parties hereto hereby covenant and agree as follaws:
1. 'IlY1 City of Englewood (lessor) hereby agrees to lease a space CNer south
Clarkson Street be~ East Girard /\venue and F.ast Hanpden /\venue not
.less thi-, sixteen point five (16.5) feet above said street at its ,rnsent
grade, twelve (12) feet in wi dth, and said space shall not 1..., rr< ,
twenty ( 20) feet above its lowest elevation and is described, as fol
11n easerrent for the construction, maintenance and operatic:·, c a
pedestrian overpass and for a pedestrian ingress and egress ocross
said overpass. The lowest point a, the bottan of said overpass is at
an elevation of 5385.05 feet U.S.G.S. datum. The horizontal
projection of said easarent is described as foll=:
II parcel of land situated in a part of south Clarkson Street and
portions of the SE 1/ 4 of Section 34, and the SW 1/ 4 of Section 35
all in Tow11ship 4 south, Range 68 West, of the 6th P.M., City of
Englewood, County of llrapahce , State of Colorado , being described as
foll""5:
camencing at the southeast co= of said Section 34 ; thence
l'lesterly along the South line of said Section 34, a distance of 30 . 00
feet, to a point en the Nest r ight-of-way line of South Clarkson
Street extended South; thence North itlong s aid extended West
right-of-way line a distance of 25 . 0 feet to the :intersection of said
West right-of-way line o f South Clarkson Street with the North
right-of -way line of F.ast Harrpden /\venue ; thence Northerly along the
l'leste rly right-of-way line of South Clarkson Street a distance of
133 .50 feet to the POINr OF BffiINNING of this description; thence
continuing Northerly along said l·lesterly right-of-way line a distance
of 12.00 f eet; thence Easterly on a de flection angle to the left of
90°03 '34 " a distance of 60 . 53 feet to the Easterly right-of-way line
o f So uth Clarkson Street ; thence Southerly along said Easterly
right-of -way line, on a de flectio n angle to the left of 90007 '08" a
distance o f 12.00 f eet ; thence \'le sterly on a deflectio n ang l e to the
left of 89°52 '52" a dis tance o f 60 .4 9 f eet to the Wes terly
right-of-way line o f South Clarkson Street and the PO INJ' OF
Bffi INNING. Con ta ini ng 726 square fee t, m:,r e or l ess .
2 , This lease shall run for a paned of. went~ ( 20) years fran the date of
tlie execution o f sai d lease, provided, ~-eve r , that Lessee may t enn.i.nate
said lease at any time during the twenty (20 ) year period by giv i ng Lessor
due notice of their election o temi.na e said lease in writing by
regist ered or certified mai l, at least cne (1) year pr ior to terminat ion
date specifi ed in said no ice . Said termination sha ll not becare
effect ive un til the structure is cai.,letel y removed . Lessor and Le ssee
e
3.
4 .
agree to negotia~e in good faitl-. for renewal o f the term o f the I.ease upon
the request of Lessee or either o ! them.
The rental payable to Lessor by Lessee under this lease shall be the sum
of Ten Dollars ( $1 0 . 00) per year , t.tlich rental shall be paid in annual
install.Jrents , the fi rst pay,rent being due upou passage o f the ordinance by
Engle-."""'1 City COUocil approving this lease, and future annual payma11ts to
be due thirty days prior to the annual anniversary date of said lease .
Lessee cove nant and agree that upon P.Xecution of said lease with Lessor ,
they wi 11 in due oourse construct and e r ect in the l eased airspace, an
enclosed ~strian skyb~idge which CX>Mects the parking structure l ocated
e ast o f South Clarkson Street to the rredical office b.iilding located west
o f South Clarkson Street, which skybridge to be constructed will be used
for the roveirent of pedestrians arrong the parking structure an.l office
building wned by :he Les see.
5 . Lessee shall have plans and specifications for sa.i.d s tructure prepared by
a registered professional engineer and apprCllled by the City's Engineer and
City 's Chief Building Inspector . The structure ~hall be ccnpleted in
every respect according to said plans and specifications and to the
satisfaction of the regi~tered professional engineer who shall supervise
the cxin s tnction thereof . Lessee shall furtha-obtain the necessary
permits fran Lessor for the construction of said structure and pay all
proper fees for the sarre, and CO't'lY with all building and zoning
regula tions of ~he City of El1glewood and the State of Colo~ado which shall
at any t ime be applic!!ble tc the particular structure, or the construction
and maintenance thereof.
6 . Lessee s hall safely maintain said structure and regulate the use and
occupancy thereof so that the structure or the use thereof will not be a
hazard or danger to the persons or prq,erty of the p.iblic using the street
bela.1 said structure .
7 . Lessee shall maintain and keep in force during the term of said lease
public liability insurance in the mount of Five Hundred Thousand Dollars
($500,00 0) for rrultiple claims arising out of an <k:Cident involving said
s t rcture or the use or occupancy o f the l e ased premises . Lessor , in said
pc licy, shall be held harmless fran all claims , liabilities or causes of
,.ction arising out o f any injury to any person , persons or damage to real
or personal prq,erty arising out of construct ion, maintenance , destruction
or dismantling of said structure or fran the collapse of said st.l:ucture
which nay arise by reason o f any naterial or thing whatsoever falling or
heing thro,-Tl fran sa id structure. 'A certificate o f insurance iJt said sums
t o such effect, including Lessor as a party insured, s hall be deposited
with the City Clerk o f the city of Fngl""""""'1 prior • o the construction of
said structure.
M.iniJnum coverage for the benefit of the City shall at all times be the
amount o f ma.ximJm liability for cities uncer the Color ado Governrrental
Imnunity /\ct .
S'.-edish !•'OB III Partnership agrees to indemnify and hold harmless the City
of Englewood , its officers , ~loyees , insurers, and self-insurance pool,
fran and against all liability, claims , and demands, on account of injury,
loss , or damage, of any kind whatsoever , "1'\ich may arise out o f or are in
any manner c,:,nnected with this Lease. If such injury, l oss , o r damage is
or is clalJred to be caused in whale or in part by the act , anission , or
other fault of 9.oledish MOB Ill Partnership, or any partner , officer , or
ent>loyee o f S.~ish K>B Ill Partnership, lessee agrees tD investigate ,
handle , respon-t to , and to provide defense for any such liability, claims
or demands at the sale expense of 9.;edish MOB lll Partnership and agrees
to bear all other costs and n.xpenses related thereto , including court
costs and reasonable attorney fees.
Lessee shall indemnify and save hannless City, its officers, erployees and
agents, against any and all claims, damage s, acti ons or causes o f action
and expense tD which it or they may be subject ed by reason of Lessee's
installation being located within and across the property of the City or
by reason of any work done or anission made by Lessee , its agents or
E!!Tl?loyees ,in connection with the oanstruction , operation , nooification,
r eplacment, maintenance, repair or renova l of Lessee's installa tion. If
the oanstruction of all or any part of Lessee 's installation is to be
perforned by an indepem'ent contract or under contract with Lessee , Lessee
s hall so notify City an, t shall incorporate the stipulations and conditions
of this Lease into the oantract specification and cause said independent
contractor tD , prior to cx:mrencement of the '-'lrk, be licensed and bonded
in amounts and with carpanies satisfactory to City , ..tiich will protect
City fran any loss or damage resulting fran the work perfonred by the
contractor .
8. In t!,e event of condemnation of either or both buildin\lS by any
governrrental authority or agency requiring the use of or taking all of , or
a ma jor portion of either ooe or both of the buildings o.,ned by Le ssee
which are oannected by said structure, tD the e,.tent that either or both
buildings would oot require the continued use of the strJcture , this lease
shall be terminated as of the tine Lessee surrenders the use and occupancy
of said structure and building or buildings and have said structure
reroved J:'.II"SUant to this l ease.
It is further understood that in the event of condemnation or acquisition
by any govem-rental authority or agency of all or a part of either cne or
both of t.>ie buildings owned by Les see , the value of said overhead
s tructure or any leasehold interest created hereunder, shall not be an
elerrent of damages nor in any way be conside\r ed a s a fac tor of valuation
of the property acquired.
9 . Lessee shall, upon demand by Lessor , pay such charges as may be incurred
by Lessor for the r aroval of any facilities, utilities or s tructures
between the street lines and underneath the proposed s tructure which a,e
made neces sary by reason o f the construction of the structure .
10 . Lessee shall no t place any sign on the rutside of the structure .
11. I n the event of the c'.e structio n of said structure by an act of God, public
enemies, o r by reason o f riot o r insurrectio n, th i s lease sha ll t.enn.inate,
and Lessee shall not. be r equired to pay any further rent to Lessor.
Ho,,,ever , in t.he event Les see shall reconstruct the stnlcture , or any
portion thereof demoli shed , ccmrencing within cne year of the destruction ,
Lessee shall pay rental for any period ruring wh ich the structure was
destroyed and inoperative .
12 . Lessor , by its officers, a gents or erq:,loyees, may at all r easonabl e tines
e nter upon said demised area tJJ view the oondition o f the s truc•·.tre an d
require any and all necessary repair s and alterations there to for the
!)ublic s afety and well-being.
13 . In the event default shall be made at any ti.ire by Lessee in payment of
rent and such default shall oontinue for a period of thirty (30 ) days
after written rotice thereof by registered o r certified mail to Le ssee b-1
Lessor, or if default s hall be made in any of the other terms and
c onditions to be kept, obs erved and perfo rr.ed by Lessee, and SL<:h de fault
shall continue for thirty (30) days after written no t ice thereof by
registered or certified mail to Lessee fran Lessor, then Le ssor may a t any
til'e there after , prior to the procuring of such default withi n reasonabl e
tbre , declare the term of said l ease ended and terminated by giving Lessee
written notice o f such intention. And, if possess:l.on o f the demi s ed area
is rot inmediately s urrendered, r.essor may re-<anter thereon for possession
itself thereof and declare said lease to be terminated. In such event,
Lessor may rE,quire tllat Lessee remove and demolish said stn,cture a t their
own expense or I.essor may remove or derrolish sai,:l structure and requir e
the payirent of the expense thereof fran Lessee to Lessor within thirty
(30) days thE'.reafter.
14. Upon tennination o f lease, Lessee and Lessor further oovenant and agree
that Lessee shall y ield u;, the area without further rotice, but before the
s urrender of said area, Lessee shall cause the structure was to be
demolished and raroved and the area returned to the sane oondition as it
was in as when firs t acquired by I.ess ee . In the event of the failure of
Lessee to so remove said st:ructure six ( 6 ) rronths after tennination of
lease, they shall pay liquidated damage s to Lessor in the sum cf One
Hundred Dollars ( $100) for each and every day they remain in posse ssion of
s aid area after the expiration o f s ix ( 6) rronths fran the tennina tion of
said lease.
15. '!he tenn "parties to said l e ase" sha ll inc lude the successors and assigns
o f Lessor and Lessee , respect ively .
1N wrmESS 'lllEREtF , the parties hereto have signed this l ease the day and year
f irst above written .
LESSOR:
THE CITY OF ENGi.. -oJD , COUlWJO
By :_~--~--cc----Sus an Van Dyk e, Mayo r
ATl'EST:
Patricia II. Cr ™, Cit y Cl erk
Ll'.SSEE :
SWED ISH MOB II I PAR'INERSHIP , a
Coloraoo General Partners hip
By :
-4 -
II . Danie l 1-layl an d, Managing
Gene ral Partner
Date
Augu s t 19 . 1991
INITIATED BY
STAFF SOURCE
COUNCIL COMMUNICATION
Agenda It e m
12 b
Community Development
Subject Air Rt gl1ts Lease
Agr ee me nt wtU1
SwedJsh MOB Ill P'1 rtn er s h.tp
Ri ch ard Wan u s h . Dtre ctor of Co mmunJty Develo pm ent
ISSUE/ACTION PROPOSED
Approve an Ordinance a u thortz1ng the City to lease to SwedJsh MOB Ill p artner s hip .
Lt d ., airsp ace ove r Sou th Clarkson Street for U1 e purpose of con stru cting a
pedes tri an bridge connectin g a p arking garage with Medical Offi ce Bu ildi ng Ill .
PREVIOUS COUNCIL ACTION
Th e p ert estrlan b ri dge was In clu ded as p art of U1e Plan Development Am e ndm ent
th at 1 ~s a pproved by Ci ty Council In October I , 19 90. This Am ended Planned
Developmen t Inclu d ed the 6 14 s p ace parking s tructure n ow under co n s tructi on a t
U1 e n orU1 east comer of Sou th Clark s on Street and East Hampden Ave n ue . Th e
proposed p ed estrian b ri dge will link thls parkin g s truct ure with Medi cal Offi ce
Bu il ding III , also n ow under construction a t t h e n orUnvest com er of South Clarkson
Street and E ast H:u npden Avenu e .
The proposed Atr Rig h ts Lease ts m odeled aft er a stmJl ar doc w nent approved by City
Co u n cil fo r the p ed estrian bridge locat ed In U1e 700 bl oc k of East Ham p de n Ave nue .
STAFF AN ALYSIS
This Alr Rlg ht s and Lease ts ne cessary so that U1 e p edestrian bridge can be
co nstructed. The Amended Plam1ed Development lncluderl U1e bridge based on th e
reconuncndations of U1 e Traffi c Im pact Analys is Urnt was required as a part of the
Plam1 cd Development process . Th.is analysis concluded that to eliminate p o tentla ,
pedestrian /vehJe ular co nfli c ts at mJd block a nd to provid e a safe a nd prot ectrc!
mea ns for patients . staff and nsn ors to travel from the parking garage to MCB Ill
a ml L 1.1 I!! Hosplt;i]. a pedrstr1,m bridge would h e constru cted. The Planning
Co mmission 1!.,·11 made thi'> a rrqu1rement for approval of the Amended Planned
Deve lopm ent .
The proposed lease provided for an area twelve feet by sixty feet and a mJnhn u.m of
sixteen and one half feet above a base elevation of 5385 .05 feet U.S .G .S . Da tum .
The term of the lease ls for twenty years .
BACKGROUND
There h as been a health care facility at U1e location of Swedish Medi c al Ce nter s ince
1905, when a sanatorium was opened for U1 e treatment of tuberculos is p a Uents .
The campus now Includes e 328 bed h ealth facility , CraJg Rehabilita u on Ho s pi tal ,
Spaulc!Jng Rehabilitation Hospital and U1e Rocky Mountain Multiple Sclero s is
facilities . In adc!Jtion there are two mec!J cal offi ce butlc!Jngs , \vltl1 a lhJrd under
construc tion.
FINANCIAL
Approval of the proposed Air Rights Agreement and Lease will not financially Impact
the City. The lease requires that Swec!Jsh MOB Ill Partnership, Ltd. carry public
liability Insurance during the term of the lease.