HomeMy WebLinkAboutOrd 2063 - Approve and Authorize the mayor to execute an amendment to development agreement between the COR and NME Hospitals, Inc DBA Redding Medical Center ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
REDDING AND NME HOSPITALS, INC. , DOING BUSINESS AS
REDDING MEDICAL CENTER.
The City Council of the City of Redding does hereby ordain
as follows:
Section 1. That the City of Redding enter into an
Amendment to Development Agreement [a copy of which is attached hereto
and incorporated herein by reference] with NME Hospitals, Inc. , doing
business as Redding Medical Center, the provisions of which are
consistent with the General Plan and any applicable specific
plan.
Section 2. That the Mayor of the City of Redding is
hereby authorized, empowered, and directed to execute said
Amendment to Development Agreement for and on behalf of the City
Council of the City of Redding; and the City Clerk is hereby
authorized and directed to attest the signature of the Mayor and
to impress the official seal of the City of Redding thereto.
Section 3. That this Ordinance shall take effect 30 days
after the date of its adoption.
Section 4. That the City Clerk shall:
1. certify to the adoption of this Ordinance and cause its
publication according to law;
2. within 10 days after the City enters into the Amendment to
Development Agreement, record the Amendment with the Shasta
County Assessor/Recorder;
3 . if the parties to the Development Agreement or their C)
successors-in-interest amend or cancel the Agreement as
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provided in Government Code Section 65868, or if the City
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terminates or modifies the Agreement as provided in
Government Code Section 65865 . 1 for failure of the applicant
to comply in good faith with the terms or conditions of the
Agreement, record a notice of such action with the Shasta
County Assessor/Recorder.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 5th day of October, 1993 , and was duly read and
adopted on the 19th day of October , 1993 , at a regular meeting of
the City Council by the following vote:
AYES: COUNCIL MEMBERS: Dahl, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Anderson
CARL ARNESS, Mayor
City of Redding
A ST:
CONNIE STROHMAYEPaCity Clerk
FO PPROVED:
RA�MALL A. HAYS, City Attorney
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AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT TO THE DEVELOPMENT AGREEMENT (hereinafter referred to as
"AGREEMENT" entered into the 5th day of May 1992, by and between the City of Redding
(hereinafter referred to as "CITY") and NME Hospitals, Inc., dba Redding Medical Center
(hereinafter referred to as "NMEH").
Whereas, CITY would like to expedite the installation of two traffic activated signals at
Auditorium Drive Interchange Ramps, and said signals are not included in NMEH's required
Mitigation Measures; and NMEH has agreed to provide the design, construction and
management for this work to be completed along with the Park Marina/Auditorium Drive Signal
which is part of the required Mitigation Measures.
The following changes are hereby implemented by the execution of this amendment to the
Agreement by the CITY and NMEH.
Paragraph 11.1 shall read as follows:
11.1 Responsibilities of NMEH: NMEH shall retain registered engineers to
provide design services for all Mitigation Measures described in section
11.2 and reflected in Exhibit "C". Construction Documents shall be
developed in two packages entitled Phase I & Phase II. Phase I shall
contain all Mitigation Measures required of NMEH by the original
AGREEMENT, except the design and construction of the Park
Marina/Auditorium Drive traffic signal. Phase II shall contain the Park
Marina/Auditorium Drive traffic signal and two additional ramp signals
at the Auditorium Drive Interchange. NMEH shall obtain all necessary
permits required for the above described work and shall meet with the
appropriate utility companies to initiate and monitor all engineering work,
including dedicated utility easements, required for the relocation of
utilities along Butte, Liberty, Continental and Placer Streets.
Paragraph 11.2 shall read as follows:
11.2 Cost of Public Improvements: In consideration of the covenants, terms
and conditions hereunder, NMEH shall be solely responsible for providing
or furnishing (1) all engineering, plan checking fees, cost of inspection,
construction bonds, construction cost and construction administration to
relocate existing utilities in Butte, Liberty, Placer and Continental Streets
and (2) construction of the mitigation measures described in this section
and payment of the Traffic Impact Fee imposed on the project by the
CITY, which will be calculated at $2.01 per square foot of the net
positive increase in gross floor areas (excluding mechanical penthouses).
NMEH shall also pay the first $187,500 (plus escalation factor) of cost
for two ramp signals at Park Marina/Auditorium Drive interchange in lieu
of paying the CITY $187,500 (plus escalation factor) as previously agreed
upon. Should the documented expenditures for all approved categories of
costs associated with these two ramp signals exceed the sum of the Traffic
Impact Fee plus $187,500 (as escalated), CITY shall reimburse NMEH
for all costs in excess of this sum by obtaining money from the Traffic
Impound Account. This reimbursement shall occur within fifteen (15)
days of presentation of the request for reimbursement by NN EH. Said
request will contain a detailed breakdown of expenditures.
NMEH will present a projected cost estimate breakdown to CITY (before
the start of construction) and will start construction only upon receipt of
approval by CITY of the projected costs.
NMEH shall track all costs for each of the three signals in Phase II
separately. Costs categories acceptable to CITY for reimbursement
include the following:
reasonable hours by AUBEC and NME personnel to
develop and secure approval of this addendum
- Engineering and administrative costs for the design, review
and finalization of the construction drawings, field
inspection and construction Administration costs incurred
by consulting engineer assigned to construction
management limited to 15% of construction costs
Costs typically reimbursable to an engineering consultant
such as long distance telephone and special handling mail.
Plan review fees and permits
Every effort will be made by NMEH to separate the costs of the two ramp signals at the
Auditorium Drive Interchange from the Park Marina/Auditorium Drive traffic signal. Costs
which are not separated will be pro-rated based upon formulas agreeable to CITY.
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The following generally describes the off-site public improvements required to mitigate
the abandonment of portions of Butte and Liberty Streets adjacent to the hospital in
accordance with A-2-90 and UP-5-92:
MITIGATION MEASURES
• Reconstruct two blocks of Continental Street between Placer and Butte Streets.
Reconstruction shall consist of the installation of curb, gutter, sidewalk, streetlights,
storm drains, and asphalt overlay or reconstruction as required. The first block of
Continental Street between Placer and Yuba Streets shall be widened to 44 feet within
the existing right-of-way to accommodate four lanes of traffic. The width of roadway
shall be measured from the face of curb to face of curb.
• Remove existing valley gutter and install a storm-drain system at the intersection of East
and Placer Streets.
• Install traffic-activated traffic signals at the intersections of:
Placer Street/East Street
Placer Street/Continental Street
Butte Street/Continental Street
Park Marina Drive/Auditorium Drive
Pay first $187,500 (plus escalation factor) for ramp signals of Auditorium Drive
Interchange (In lieu of direct payment of $187,500 to the City of Redding)
Paragraph 11.3 shall ready as follows:
11.3 Completion of Public Improvements: NMEH shall endeavor to complete
the construction of Phase I and Phase II as soon as practical subject to the
conditions precedent set forth in Section 16.3. Prior to the
commencement of the required work, NMEH shall deliver a guaranty
bond to the CITY, guaranteeing the full and prompt performance of
NMEH's obligations along with a title report showing the underling fee
and title to all Liberty and Butte Streets frontage the area to be vacated
resides with NMEH. Upon submission by NMEH of a certificate of
completion of the completion of Phase I and significant progress with
Phase II, the CITY shall record a resolution of close Butte and Liberty
Street as agreed.
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It is the goal and current plan for NMEH to complete both Phase I and Phase II prior to the
actual closing of Butte and Liberty, however, if completion and acceptance of Phase I by the
CITY occurs and Phase II is not complete for reasons other than delay by NMEH or drawings
for NMEH expansion are approved in a shorter time frame than anticipated, the CITY will
proceed with the closing of Butte and Liberty and allow commencement of construction on the
NMEH expansion project.
Change Owners Representative in section 17.6 as follows:
Copy to Redding Medical Center
1100 Butte Street
Redding, California
Attention: Robert Beehler
Acting Chief Executive Officer,
Copy to NME Hospitals, Inc.
2700 Colorado Avenue
Santa Monica, CA 90404
Attention: Pat Regan
V.P., Construction and Design
IN WITNESS WHEREOF, This Agreement Has Been Executed By The Parties This
Day of August, 1993.
CITY OF REDDING NME HOSPITALS, INC.
a Municipal Corporation a Delaware Corporation
of the State of California
By: By:
,Mayor
Title:
By: By:
,City Clerk
Title:
Approved as to form
By:
Randall A. Hays, City Attorney
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