HomeMy WebLinkAbout1995 Ordinance No. 047•
ORDINANCE NO . 4J
SERIES OF 1995
BY AUTHORITY
COUNCIL BILL NO . 52
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE APPROVING A LEAS E BETWEEN CRAIG HOSPITAL AND THE CITY
OF ENGLEWOOD, COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC STREET,
SOUTH CLA RKSON STREET, BETWEEN EAST GIRARD AVENUE AND EAST
HAMPDEN AVENUE , FOR 11.'HE CONSTRUCTION, MAINTENANCE AND OPERATION
OF .~ TWO LEVEL PEDESTRIAN OVERPASS .
WHEREAS , the Engle wood City Council with the passage of Resolution No . 81 , Series of
1994 approv ed the planned develop ment for Craig Ho spital constructing a transitional care
facility on the East si de of the 3400 block of South Clarkson Street: and
WHEREAS , Resolution No . 8 1, Series of 1994 approved the planned dev elopment for Craig
Transitional Ca re Facility which consisted of a four story building with full basement, a
two -story bridge connection to the existing hos pital and on underground tunnel to link the
ba se ment leve ls; and
WHEREAS , the planned ~el'elopmenl, approved by the Englewood Ci ty Council in
November 7, 1994 included not only this lease fo1 ai rspace but also an easement for a tunnel
under the street connecting the two bu!khngs; ar,d
WHEREAS, the underground tunnel has been removed from the planned development, is
no longer needed , and the City will not be leasing und erground tunnel rights for this
planned development: and
WHEREAS, the Englewood City Cou nc il with the passage of Ordinance No. 53, Series of
1994 , approved the vacation of a 16 foot alley right-o f-way in the 3400 block between South
Clarkson and South Emerson to facilitate the development of the Craig Hospital transitional
car e facility ; end
WHEREAS , it is necessary for th e heal th, safety and welfare of persons in th e community
using Craig Tran sitional Care Facility to have a safe means of access between Craig
Hospita l anrl the Transitional Cor e Facility;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
~-The Englewood City Council hereby approves the lease between the City of
Englewoo d, Co lorado , ond Craig Hospi..al for airspace over South Clarkson Street between
Ea st Girard Avenue and East Ham pden A"enue. The Air Rights Lease is attached hereto os
Exhibit A.
~-Th e Ma yo r and the Ci ty Cl erk are hereby authori ze d to sign a nd attest said lease
for ond on behalf of the City Co un ci l on d the City of Englewood .
Introdu ce d, rend in full , ond pa sseci on first ren ding 0 11 th e 21st day of August, 1995.
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Published as a Bill for an Ordinance on the 24th day of August , 1995 .
Read by title and passed on final .rea ding on the 5th d ay of Sept.ember, 1995.
Publi shed by title as Ordinance No .!/[/, Seri es of 1995, on the 7th day of Sept.ember, 1995.
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~/ omuJ.Bur :.;.or
Loucri shia A. Ell :s. City C lerk
I, Lo ucrishia A. El li s, City Cle rk of the City of Englewood, Co lorado, hereby certify that
lhe nbove on d for egoing is a true co py of the Ordinance possed on fin e) reading and , • .,;,,~ •,· ,w , ,, o,o;,,,. No . it],.,;.,,,"" ~ d,,{/4
Loucrishia A. Elli s
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EXHIBIT A
AIR RIGHTS LEASE
THIS LEASE entered into os of the __ day of ____ ~ 1995 between and
among the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, 3400 South
Ela ti Street, Engl ewood, Co lorado s nd CRAIG HOSPITAL, a Colorado nonprofit
corporation, 3425 South Clarkson Street, En~lewood , Colorado 80110.
The parties hereto hereby covenant and agree as follows :
I . The City of Englewood (Lessor) hereby agrees to lease space over South
Clarkson St.reel right,.of~way between EHl Girard Avenue and East Hampden
Avenue not lesa than fifte en (15) feet above said street al its present grade, ten
and fifty -two hundredths (10 .52) feet in width, and said space shall not be mor e
than 28 nnd seventee n hundredths (28 .17) feet above its lowest elevation and is
desc ribed as follows:
An easement for th e construction, maintenance end operation of a tw o
(2) level pedestrian overpass and for a pedestrian ingress and egress
across said overpass. The lowest point of the bot.tom of said ov e rpa ss is
at on elevlition of 5390.00 feet U.S.G.S. datum. The horizontal
proj ec tio n of said easement is de scribed as follows :
A parcel of land ,ituated in a part of South Clark son Street and a portion
of th e Southeast one quarter of Secti on 34, and th• Southwest on e quarter
of Section 35, all in Township 4 South, Range 68 West, of the 6th
Principal Meridian, City of Englewood, County of Arapahoe, State of
Co lorado, being described as follow s :
COMMENC ING at th e Southeast comer of said Section 34 ; thence
Westerly along th e South line of said Section 34 , a distance of 30.00 feet,
to a point on the West right-o f-way line of Soula Clarkson Street
ex tended South; th ence No rth a long said extended We st right-of-way
lin e a dis tanc e of 25.00 fe et to the intersection of said West right-of-way
line of South Clarkso n Street ,,ith the North right-of-way line of East
Hampden Avenue; thence Northerly along the Westerly right-of-wa y
line of South Clarkson Street a distance of 347 .65 feet to the POINT OF
BEGINNING of this description; thence continuing Northerly along
said Westerly rig ht-of-way , lin e a distance of 10.52 feet ; thence •
Easterly on a deflecti on angl e to th e r ight of86° 59' 57" a distance of61.33
feet to th e Easterly right-of-w ay lin e of South Clarkson Street; thence
Southerly along said Easterly right-o f-way lin e, on a deflection angl e to
th e right of93° I I' 13" a di sta nce of 10.52 feet ; thence Westerly on a
deflection angle to the right of 86° 48 ' 4 7" a distance of 61.29 feet to the
Wes te rly right -o f-way lin e of South Clarkson Street and the POINT OF
BEGIN NING, containing 6446 square feet, more or less.
2. This lease shall run for a. period of forty (40) years from the date of the execution
of sai1 " lense, provided, however, that Lessee may terminale said lease at any
4.
tim,, during the forty (40) year period hy gi vin; L•u-.,r due nvtite or their
ei:v.:tion to termi:,at.e 1nj d lease in writing by regi st,tred or cert.iiied mail, at
!~a se on e()) year prior t..; \.erm •,,ation dale specifi ed in said notice . Said
termination shall not becr1ne efl ,,ctive un t il th e structure;, completely
removed. Lessor and l ,~~ut:c, s~ree t, negotiate in good f. ith for renewal or the
term of the Lease upon th,'? request or Lessee or Lessor.
The rental payable lo LesS<•r by l "'"'e under •h;• lease shall t>e the sum of Ten
Dollars ($10.00) per y .. r, ~-hi<!, . , .. t.al shall be paid in annual inst.aliments,
the first payment being due u ;,,,,: ,assage of the ordinance by Englewood City
CJuncil npproving this lease, and fu ture annual payments to be due thirty days
prio r Lo th e a nnual anniversa ry dote of SG id lease.
Lessee coven;\nls end &(:Tees lhnt ui,on execution of said lease with Lessor, it
will co nstruct. and erect. in the leaaed airspace, an enclosed two (2) level
pedestrian skybridge which com!::cts t.hP. Craig Transitional Care Facility
structure loca te d east of South Cla rk 1;on Street to Craig Ho spital located We st or
South Clarkso n Street. which skyb,;dgo lo be constructed will be used for the
movement of pnlients betwee n l~•e Crnic Trnnsitionol Care Facility and Crnic
Hospita l owned by the Lessee.
5. Lesse e shall have plans an tl sp~rifications for said structure prepa,cd by n
regi stered professional engineer and approved by the City"s Engineer and
City"s Ch ie f Buildin5 In s pector. Tl. structure shall be completed in every
respect according to said plans an d specific atio ns and t.o the setisractio n of the
registered prores!iiont'l engin eer who shall super vise the construction thereof.
Lessee shall further oblPin the n ece ssary perm its from Lessor for th e
construction of said structur e and pay ell proper rees for the same, and eo mpl y
with a ll building and toni ng regulation s of the City of Engl e wood and the St.ate
ofCol orarlo which s hall at any lime be applicable lo the parfr.u lar structure, or
the const;uction and maintenence thereof.
6 . Lessee shall milintain ssid structure in a safe con dition and regu late th e use
and occupancy thereof so that the structure or the u se thereof will nol be• l.atard
or danger lo the person s or th e properly of the public 11sing the st reel below said
s tructure.
7. Lessee shr.11 maintain end keep in force during the term or said lease, public
li e biHt t insuran,:e in th e minimum amount of Five Hundred Thousand
Doll .. ,s ($500,000) for multiple claims arising out of an accident im·o lving said
stru cl:1 re or the use or occ upancy of the lea sed premises. Lessor, in the policy,
sha ll be held harmless from all claims, liabilitieb or causes of a cti on Arising
out of any injury to any ~rson , person s or dam&ge to real or personal property
arising ou t of conc:lruclion , maintenance , destruclion or disma nlling of said
structure or from the coll apse of sai d structure or which ·.na.v ar ise by reason of
any material J r t h ing whatsoever falling or being throw n from said structure.
A certific ate of insurance in the said sum noted ebo\'e, im:luding Lessor as a
party insured, shall be deposited with lhe City Clerk of the City of Englewood
prior to the construction of said structure.
Minimum cove rage for the benelil of the City sha ll at all times be the amount of
maximum liability fo r cities under the Co lorado Gnvr.r nmer•.el lm 1,1uni ty Act .
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8 .
Craig Hospil.al .,,...,, to indemnify and hold harmle11 the City of Englewood,
its officers, employees, insurers, and ae)f.inaurance pool, from and against all
linbilily , claim s, and demands, on account. of injury, loss , or damage, of any
kind whal&oever, which may arise out of or are in any manner connected with
this Lea se. If such injury, loss, or damage is or is claimed to be caused in whole
or in part by the act., omission, or other faul t of Craig Hospital, or any partner,
officer, or employee of Craig Ho spital , leBSee agrees t.o investigate, handle,
respond to, and to provide defense for any such liability, claims or demands at
the sole expen1e of Craig Hospil.al and agrees to bear all other cos ts 11nd
expenses related thereto, including court co sts and reasonable attorney fees .
Lessee shall indemnify and save harmless City, its officera, employees and
agents, again st any and all claims, damqes, actions o:-causes of action and
expense to which it or they may be subjected by reason of Les see's installation
being located within and across the property of the City or by reason of any work
d one or om ission made by Lessee, its agents or employees , in connection with
the construction, operation , mod ific ation, replacement, ma intenance, re11 air or
remova l of Lessee's installation. If the construction of all or any part of
Lessees installation is to be perform ed by an independent contractor under
contract with Lessee, Lessee shall so notify City and shall incorpornte the
stipulations and condit.io ns of this Lease into the contract specifications and
cause the inde .,.dent contractor, prior to commencement of I.he work , to be
l ice nsed eni ed in am ounts and with companies satisfactory Lo City, wh ich
will pro , .y from any loss or damage re sulting fr om the work performed by
th e contractor.
In the event of condem na tio n or either or br-t.h buildings by any governrr,ental
authority or agency requiring I.he use of or Li king all of, or a major portion of
e ither one or boti 1 of the build ing s owned by Les see which are connected by said
s tructure, to the extent that either or both buildings would not require the
continued use of the structure, this lease shall be t erminated as of the time
Le ssee surrenders the use and occupancy of sa id stru ... 1.ure and building or
b uildings and has said structui e remo ve d pursuant to th e provisions of I.h is
l ease .
It is furth er understood that in th e eve nt of co ndemn atio n or acqui si tion by any
gove rnmen tal a uthority or agency or al1 or a part of ei t.her on e or both of th e
bui ldi ngs owned by Lessee , the va lu e of sai d ove rh ea d structure or an y
leaseh old in terest created hereunder , shall not be an element of damages nor in
a ny wn y be '=o ns ide red ns n factor of va luation of the property acquired .
9 . Lessee shall , upon demand by Lessor, pay such charges as may be incurred by
Lessor fo r the remo,•al of any faci liti es, ut ilities or structures between the street
lines and underneath end a bove th e proposed structure which are made
necessary by reason of the co n struction of th e structure.
10. Lessee sh all not place any sign on the outside of the structu re exce pt for any
offici al t raffic s ign requi re d by Le ss~r .
11. In the even't of the destruction of said structure by an act of Go d, public en ~mies,
or by reasOn of riot or insurrection, thi s lease shell terminate, and Le ssee shall
n ot be re quired to pay any further rent to Lesso r. How ever , in th e event Lessee
s hall recon struct the st ru cture, or any portio n thereo f ~e molished , commenci ng
within one year of the destruction, Le..... 1hall pay rent.al for any period during
which the structure was destroyed and inoperative.
12 . Lessor, by ill officer ■, agents or employees, may al all reasonable times enter
upon said leased orta to view the condition of the structure and require any and
all neceaaary repair ■ and alterations thereto for the public aafety and well -
being.
13. In the event default shall be made at any time by Lessee in payment of rent and
such default shall continue for a period of thirty (30) daya aller written notice
thereof by registered or certified mail lo LeBBee by Lesaor, or if default shall be
made in any of the other terma and conditions to be kept, observed and
performed by Lessee, and such default shall continue for thirty (30) days afte r
written notice thereof by registered or certified mail to Lessee from Le ssor, then
Lessor may at any time thereafter, prior to the curing of such default within
reasonable lime, declare the term of said lease ended and terminated by giving
Lessee written notice of such intention . And, if possession of the demised area
is not immediately surrendered, Lessor may re .enter thereon for possession
itself thereof and declare said lease to be terminated . In such event, Lessor
may require that Lessee remove and demolish said structure at its own expe nse
or Lessor may remove or demoli :.h sa id structure and require the paym ent of
th e expense thereof from Lessee to Lessor within thirty (3 0) day s the realler.
14 . Upon termination of lease, Lessee and Le sso r further covenant and agree that
Lessee shall yield up th e ar ea without further notice, but before the aunender of
said area, Lessee shall cause the structure t,, be demolished and removed and
the areo reLumed. t.o the same condition as it was in when first acquired by
Lessee. In th e event of the fai1ure of Lessee lo so remove said structure six (6)
months after termination of lease, they shall pay liquidated damages to Les sor
in the sum of One Hundred Dollars ($100) for each and every day they remain
in possession of said area afl.er the e xpiration of six (6) months from the
termination of said lease.
15. Th e term "parties to said lease" shall include th e successors end assigns of
Lessor and Lessee, respectiv ely .
I N WITNESS THEREOF, lhe parties herelo have sign ed this lease the day and year first
abo ve written .
LESSOR: LESSEE:
THE CITY OF ENGLEWOOD, COLORADO CRAJG HOSPITAL
By : ____________ _ By :
Th omas J . Burns, Ma yo r
ATTEST :
Loucrishia A. Ellis , City Clerk
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-.• CRAIG HOSPITAL
CLARKSON STREE:T PEDl<~STRIAN OVERPASS
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L£CA.L OlSCRIPTION .
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.COUNCIL COMMUNICATION
DATE: AGENDA ITEM : SUBJECT:
August 21 , 1995 Craig Hospital Air Rights
10 a ii i Agreement
INITIATED BY : STAFF SOURCE :
Departmen t of Community Development Harold J. Stitt ,
Planning Administrator
COUNQL GOAL AND PREVIOUS COUNC IL ACTION:
The Craig Hospital Planned Development was approved by Resolution Number 81 Series of 1994.
RECOMMENDED ACTION:
To adopt an ordinan ce app roving an ai r rights lease between th e C11y and Craig Hospital to pe nnil Craig
Hospital 10 cons truct a pedestrian bridge ove r South Clarkson S1rcc1.
BACKGROUND . ANALYSIS. AND AL TER NAT IVES IDE NTIFIED :
In 1994 Craig Hospital requested and received approval of a Planned Developmenl for an e.xpan>ion of
their faci lity. The expansion plans were for a 1ransi1ional ca re facility localed on the east side of 3400
block South Clarkson StrceL Included as a pan of the approved Planned Deve lopment is a bridge "'ross
South Clarkson S1rcc1 linking the e,cisting hospital with the proposed transitional ca re facility . In orckr to
construct the bridge th e City must first l=e the :ur rights ove r the public ri ght-o f-wa y 10 Craig Hospital .
The bridge "ill be a two story structure which v.i ll provide for improved patient and staff access between
the Hospital and the Transitional Care Facili1y . The bridge "'II be approximatel y twenty eight feel in
height, ten feet in wid1h and not less than fifteen feet above the present grade of South Clarkso n Street.
FI NANCIAL IMPACT :
!levenues "i ll be generaled by the building pennil fee for e structure and the annual lease payments .
There arc no other di rect financ ia l impacts to the Ciry :is a re sult of ac tion tak en \:1 this matter .
LIS T L,F A TT ACHME TS :
Air Rights Lease
Legal f)escnplion
Bill for Ordinan ce
Pnntoa on Recyc led P3.pe, . .J~
EGAL DESCR IPT ION FOR 'C LA RKSON STREET OVERPASS'
An easement for the constructio n of a pedest rian overpass and for a pedestrian i ngress and
eg ress across said overpass . Th e lowest po i nt on the bot t 0111 of s aid overpass ts
a t an elevat i on of 5390 .00 feet U.S .G.S . da t um . The horizontal project ior , o f
s a i d easement is described as fo ll ows :
A parce l of land situated in a par t of sout h Cla rks on Street o.nd a por ti on of the
southeas t on e quarter of Sect i on 34, and t he southwes t one quarter of Section 35 ,
a ll in Townshi p 4 South , Range 68 '#est , o f the 6th Princ i pal Mer i d i an , City of
En glewood , Co unty of Arapahoe , State of Col orado , be i ng descr i bed as follows :
COIIIENCING a t the Southeas t corner o f sa i d Sect i on 34 ; thence Westerly along the
south 1 i ne of s aid Sect ion 34, a d i stance of 30 .00 feet , to a point on the West
i ght-o f-w ay li ne of Sou th Cl arkson Street ex t ended Sou th; thence North a l ong
s a i d extended We st r i ght -o f-w a y li ne a di s tance of 25 .00 f ee t to the intersect i on
of sa i d Wes t ri ght-of-way li ne o f sou th Cl arkso n Strnet with the Nor th r i ght-o f -
way 1 i ne o f East Hampden Avenue ; t hence Nor ther ly along the Wester l y right-of-way •
l i ne of South Clar kson Street a d i stance of 347 .65 fe et to the POINT OF BEGINNING
o f th i s descr i pt i on ; thence cont inu i ng NN t herly along said Westerly r i ght-o f -
way, 1 i ne a d i stance of 10 .52 f ee t; thence Easterly on a deflection angle to the
r i gh t o f 86'59'57 " a d istance o f 61.33 fes t to the Easterly r i ght-of-way l i ne
of South Cl arkson Street; t he nce Sou ther l y alo,,g said Eas te r ly ri ght-of-way l ine,
on a de fl ecti on angl e to the right of 93•11 '13 • a distance o f ;0 .s2 feet ; thence
Westerly on a de flectio n angle to the right of 86'48 '47 " a dh't ance o f 61 .29
feet t o the West e r ly right-of-way l i ne of South Clarkson Street and the POINT
OF BEGINNING , con taini ng 6446 square feet, more or 1 ess .
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~ANll:tl I
CRAIG HOSPITAL
CLARKSON STREE :1' PEDl<:STRIAN OVERPASS
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~ ~"'"': HAMPDE N AVENUE
SOUTH LINE , SE 1/4 I 34 35
SECTION J4 ~ __ ~ __ _
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