HomeMy WebLinkAbout2003 - Approving and authorizing the Mayor to Execute the Development Agreement The City of Redding and the NME Hospitals, Inc ..- • 411
ORDINANCE NO. „2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF REDDING AND
NME HOSPITALS, INC. , A DELAWARE CORPORATION 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 the
Development Agreement [a copy of which is attached hereto and
incorporated herein by reference] with NME Hospitals, . Inc. , a Delaware
Corporation 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
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 Development
Agreement, record the Agreement with the Shasta County
Assessor/Recorder;
3 . if the parties to the Agreement 'or their successors-in-
interest amend or cancel the Agreement as provided in
Government Code Section 65868, or if the City terminates or 6
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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 7th day of April, 1992 , and was duly read and
adopted on the 21st day of April , 1992, at a regular meeting of
the City Council by the following vote:
AYES: COUNCIL MEMBERS: Arness, Dahl & Moss
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Anderson & Kehoe
ern , , , \
Mayor - Charlie Moss
City of Redding
A ST: 1J
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CONNIE STROHMAYER, C y Clerk
FORM PROVED:
ALL A. HAYS, City Attorney
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3-31-92
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made and
entered into this day of April 1992, by and between the City of Redding, a municipal
corporation organized and existing under the laws of the State of California (hereinafter referred
to as the "City"), and NME Hospitals, Inc., a Delaware corporation dba Redding Medical Center
(hereinafter referred to as "NMEH" or "Property Owner").
1. RECITALS: This Agreement is predicated upon the following facts:
1.1 Code Authorization: The City of Redding is authorized pursuant to California
Government Code Sections 65864 through 65869.5 to enter into binding development
agreements with persons having legal or equitable interest in real property for the
development of such property in order to establish certainty in the development
process. The City further enters into this Agreement pursuant to the Redding
Municipal Code and Resolution No. 81-87.
1.2 Property Owner: NMEH owns certain real property "Property" located in the City of
Redding, County of Shasta, California more particularly described in Exhibit "A,"
attached hereto and incorporated herein, which property is the subject matter of this
Agreement. Said Property consists of approximately five (5) acres of land, and is
located in the downtown area of the City.
1.3 Intent of Parties: It is the intent of the parties to enter into this Agreement relating
to the above-described Property in conformance with the provisions of the California
Government Code and Resolution No. 81-87 in order to achieve the development of
land uses permitted under Section 4 of this Agreement.
1.4 Planning Commission Hearing: On February 25, 1992, and March 10, 1992, the
City's Planning Commission, after giving notice pursuant to Government Code
Sections 65854, 65854.5 and 65856 held public hearings on NMEH's Application for
the Agreement. The City Council, after providing public notice as required by law,
similarly held a public hearing on April 7, 1992.
1.5 City Council Findings: The City Council has found that this Agreement is consistent
with the General Plan, as well as all other applicable plans, policies and regulation of
the City.
1.6 City Ordinance: On April 21, 1992, the City Council of the City adopted Ordinance
No. 2003 , approving this Agreement with NMEH. The Enacting Ordinance will
take effect 30 days after April 21, 1992.
1.7 Prosect Description: NMEH wishes to expand its delivery of medical services to
citizens of the City and outlying areas, and to provide the latest medical technology.
Because the Property is now land-locked with City streets on all four (4) sides, NMEH
has requested the closure of Butte Street and Liberty Street adjacent to the hospital
to allow expansion to the south and east of the Property. The City has worked with
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NMEH and traffic and engineering consultants to review the effect of this closure and
possible mitigation measures to redirect the effect of traffic flow.
1.8 Preliminary City Approval: In response to NMEH's Abandonment Application
A-2-90, the City Council adopted Resolution No. 90-344 declaring its intention to
abandon a block of Butte Street between East Street and Liberty Street, and a block
of Liberty Street between Tehama Street and Butte Street. Preliminary City Approval
has occurred with the understanding that NMEH would complete the Mitigation
Measures itemized in this Agreement as set forth in Section 11.3 herein and Use
Permit UP-5-92 attached hereto as Exhibit "C."
2. DEFINITIONS: In this Agreement, unless the context otherwise requires, the following terms
shall have the meaning set forth below for each such term:
2.1 Application: Application for Conditional Use Permit pursuant to Redding Municipal
Code Section 18.70.
2.2 Approvals: All amendments to any Ordinances heretofore or hereafter enacted,
necessary or appropriate to entitle NMEH to develop the project (hereinafter the
"Project"), and any and all entitlements, permits or approvals of any kind or character
required under the Ordinances in order to develop the Project.
2.3 City Council: The City Council of the City.
2.4 Commission: The Planning Commission or the Board of Administrative Review of
the City.
2.5 Director: Director of Planning and Community Development or the Director of Public
Works of the City.
2.6 Effective Date: May 21 , 1992, the date the Enacting Ordinance took effect.
2.7 Enacting Ordinance: Ordinance No. 2003 , enacted by the City Council on
April 4-1992, approving this Agreement.
2.8 Exactions: All exactions, in lieu of fees or payments, dedication or reservation
requirements, obligations for on-site or off-site improvements or construction
requirements for public improvement facilities, or services called for in connection with
the development of or construction on Property under the Ordinances, whether such
exactions constitute Mitigation Measures in connection with environmental review of
any project, or impositions made under other Ordinances or in order to obtain a
project approval consistent with the City's General Plan.
2.9 Existing Approvals: Those Approvals for the Project obtained from or approved by
the City as of the Effective Date of this agreement.
2.10 Existing Ordinances: The Ordinances defined in Section 2.13 and in effect as of the
Effective Date of this Agreement.
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2.11 Laws: The Constitution and the laws of the State of California, the Constitution and
laws of the United States of America and any codes, statutes or executive mandates
and any court decision, state or federal thereunder.
2.12 Mitigation Measures: Those public improvements or exactions required to mitigate
the abandonment of portions of Butte and Liberty Streets adjacent to the hospital
pursuant to A-2-90 and UP-5-92.
2.13 Ordinances: The ordinances, resolutions, codes, rules, regulations and official
policies of the City, governing the permitted uses of land, governing density, and
governing design and improvement. Specifically, but without limiting the generality
of foregoing, Ordinances shall include the City's General Plan and the City's Zoning
Ordinance.
2.14 Project: The approved Redding Medical Center Master Plan as depicted on
Exhibit "B."
2.15 Property: The real property referred to in Exhibit "A" and as depicted on Exhibit "B."
2.16 Term: The term of this Agreement determined under Section 3.2 of this Agreement.
3. PROJECT PROPERTY AND TERM:
3.1 Property Subject to this Agreement: The Property and the streets referenced in
Abandonment Application A-2-90 which are the subject of this Agreement are more
particularly described in and shown in Exhibit "A" and are shown on Exhibit "B."
3.2 Duration of Agreement; Recording: The Term of this Agreement shall commence
upon the Effective Date of the Enacting Ordinance, authorizing its execution. This
Agreement shall expire six (6) years thereafter unless extended by written mutual
agreement. After the effective date of the Enacting Ordinance, but not later than
ten (10) days thereafter, the City, by and through the City Council, and NMEH shall
execute and acknowledge this Agreement, and thereafter the City Clerk shall cause
this Agreement to be recorded in the Official Records of the County of Shasta. Costs
of recording this Agreement if any shall be borne by NMEH. Use Permit UP-5-92
shall be valid for the term of this Agreement.
3.3 Subsequent Amendments or Termination: If the parties amend or cancel this
Agreement as herein provided, or as otherwise provided by the California Government
Code or the Redding Municipal Code, or this Agreement is terminated pursuant to any
provision hereof, then the City Clerk shall, after such action takes effect, cause an
appropriate notice of such action to be recorded in the Official Records of the County
of Shasta. Costs of recordation if any shall be borne by NMEH.
4. DEVELOPMENT OF THE PROJECT:
4.1 Project: The parties acknowledge that NMEH has the right to develop the Project on
the Property in accordance with the terms and conditions of that certain Use Permit
UP-5-92, attached hereto as Exhibit "C" and incorporated herein by this reference.
The City shall have the right to control development of the Property in accordance
with the provisions of this Agreement. Except as otherwise specified in this
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Agreement and Exhibit "C," the City's Existing Ordinances shall control the overall
design and site development of the Project, and all on- and off-site improvements and
appurtenances in connection therewith, in the manner specified in this Agreement,
including, without limitation, all Mitigation Measures required in order to minimize or
eliminate material adverse environmental impacts. In the event of any inconsistency
between the Existing Ordinances and this Agreement, the provision of this Agreement
shall control.
4.2 Applications for Permits: The Project shall be carried out pursuant to appropriate
Applications applied for under applicable Existing Ordinances. If an Application is in
compliance with the standards of this Agreement, the City shall accept such
Application and process it in accordance with the procedures specified therefor in its
Existing Ordinances. If such Application is consistent with and otherwise conforms
to the standards, terms and conditions contained in this Agreement, then the City shall
approve such Application and shall issue such additional Approvals as are necessary
to develop each phase of the Project. Upon the expiration of the Term of this
Agreement or such earlier termination or cancellation hereof, utilization of all
Applications which have been approved shall be governed by the applicable
provisions of this Agreement with respect to entitlements after cancellation or
termination. All Applications submitted to the City during the Term of this Agreement
shall be processed by the City pursuant to provisions of the Existing Ordinances.
Except as preempted by the State approvals of hospitals, new construction shall be
in accordance with the existing Ordinances.
4.3 Conflicting Ordinance: If the Terms and conditions of this Agreement conflict with
the terms of any future City land development or building Ordinance enacted after the
Effective Date, the terms and conditions of this Agreement shall control.
4.4 Discretionary Project Approvals: Upon the effective date of this Agreement, NMEH
shall have the right to apply for any necessary Approvals under the Existing
Ordinances, pursuant to which applications shall be judged solely on the basis of land
use and planning. The City shall issue to NMEH, upon such applications, all
necessary permits for the use and occupancy of the Project or any portion thereof, as
applied for, including connection to all utility systems under the City's jurisdiction,
subject to compliance with this Agreement and the City's Uniform Building and Fire
Code requirements and payment of the City's usual and customary fees and charges
for such application, permits and certificates and any such utility connection,
installation, or similar fees and charges of general Citywide application.
4.5 Other Government Permits: In addition, NMEH shall apply for such other permits
and approvals as may be required from other governmental or quasi-governmental
agencies having jurisdiction over the Project (such as the California Office of
Statewide Health Planning and Development ["OSHPD"]).
4.6 Exactions: All Applications, and further applications for Approvals, contemplated by
this Agreement, or made in connection with the development of the Project hereunder,
shall be processed in accordance with the standards, terms and conditions of this
Agreement, except that (a) City shall not impose thereunder any further exactions
other than those called for under the Existing Approvals, and (b) such Applications
and further Applications and Approvals thereunder shall not result in the imposition
upon NMEH of any additional requirements, other than those already imposed
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• pursuant to Existing Approvals, or which are uniformly applied Citywide or otherwise
permitted under the provisions of this Agreement. In the event of any conflict between
any such further Approval and this Agreement, the standards, terms and conditions
of this Agreement shall govern. Except as otherwise provided in Section 11, or by
Exhibit C, Mitigation Measures, there are no additional Mitigation Measures required
of NMEH for the Project under the Redding Medical Center Master Plan. The parties
acknowledge that the provisions contained in this Section 4.6, are intended to
implement the intent of the parties that NMEH has the right to develop the Project
pursuant to the specified and known criteria and rules, and the City receive the
benefits which will be conferred as a result of such development without interdicting
the right of the City to act in accordance with its power, duties and obligations.
4.7 General Standard of City Review: In connection with any Approval which the City
or Director is permitted or has the right to make under this Agreement, the City or
Director shall consider and exercise its discretion or take action in a manner which
complies and is consistent with the standards, terms and conditions contained in this
Agreement, the General Plan of the City in force on the Effective Date, existing
zoning, and UP-5-92 and in a manner which will not materially interfere with the
development of the Project on the Property for the uses/or with the rate of
development selected by NMEH. Whenever feasible, prior to making such Approval,
exercising any such discretion or taking such action, NMEH shall provide, or cause
its consultants to provide, the requisite criteria pursuant to the foregoing provisions
for review and analysis by the City and its staff so that such criteria will be consistent
with this Agreement.
4.8 Procedure for Review of Applications: (a) Except for the review process governing
NMEH's Applications for UP-5-92 and A-2-90 the Director shall review all such other
Applications, and shall approve with conditions, or deny the Application or refer the
Application to the Commission as established by the applicable existing Ordinance.
(b) The decision of the Director shall be in writing and shall recite the findings upon
which his decision is based. Failure to act and render a decision within the time limit
specified in this subsection shall constitute a loss of jurisdiction, and such records
pertaining to the matter shall be referred to the Commission.
(c) The decision of the Director shall be final and conclusive unless, within ten (10)
days after date of such decision a written appeal is filed with the City Planning
Department requesting a public hearing before the Commission.
(d) An appeal application shall be set for at least one (1) public hearing before the
Commission. The date of the hearing shall be not less than thirty (30) calendar days
no more than forty-five (45) calendar days after the date of the filing of the appeal
application. Upon the completion of the public hearing, but not later than thirty (30)
days thereafter, the Commission shall render its decision on the matter so heard. The
Commission shall announce and record its action by formal resolution or minutes, and
such resolution or minutes shall recite the findings of the Commission upon which its
decision is based.
5. JUDICIAL STANDARD OF REVIEW: In the event that the Director or Commission shall
deny any Application, such denial must be made in good faith and shall not be arbitrary or
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capricious. The judicial review of any such denial shall be made using the independent
judgment test based upon the evidence in the record made before the City.
6. EFFECT OF AGREEMENT: This Agreement, and the Existing Approvals, shall constitute
a part of the Enacting Ordinance, as if incorporated by reference therein in full. To the
extent this Agreement modifies any Existing Approvals or Ordinances, then such
modification shall constitute an Approval pursuant to the Existing Ordinances as if separately
enacted thereunder as specified by the Redding Municipal Code.
7. SPECIFIC CRITERIA APPLICABLE TO PROJECT DEVELOPMENT: This Agreement
freezes all Existing Ordinances for the term of this Agreement, which govern the
development of the Property hereunder, and all subsequent Approvals with respect thereto,
including the provisions of the Existing Ordinances governing the design, improvement and
specifications applicable to development of the Property;provided however,that NMEH shall
be subject to any uniform increases in Citywide-imposed fees and charges with respect to
subsequent applications for development and construction within the Property, so long as
such fees and charges are of specific application and not imposed solely with respect to the
Property. Nothing herein shall prevent the City, in subsequent actions applicable to the
Property, from applying new Ordinances, not inconsistent or in conflict with the Existing
Ordinances or the intent, purpose or any of the terms, standards or conditions of this
Agreement, and which do not interfere with the development of the Property as to its uses,
design, improvement and specifications or the rate of development selected by NMEH
hereunder. Any change in the Existing Ordinances, including, without limitation, any change
in any applicable general or specific plan, zoning,subdivision, adopted or becoming effective
after the Effective Date, including, without limitation, any such change by means of an
ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any
reason whatsoever and adopted by the Mayor, City Council, Commission or any other
Board, commission or department of the City, or any officer employed thereof, or by the
electorate, as the case may be, which would, absent this Agreement, otherwise be
applicable to the Project and which would conflict in any way with or be more restrictive than
the Existing Ordinances, shall not be applied by the City to the Project during the term of
this Agreement.
8. CONSTRUCTION OF PROJECT: Construction of the Project shall be governed by and
completed in accordance with the specific terms and conditions of the building permit issued
by the OSHPD. Site development including, but not limited to, parking, utility installation,
landscaping, etc., will be governed by Existing Ordinances, UP-5-92, and other City
Approvals. All improvements within public right-of-way shall be reviewed and approved by
the Department of Public Works prior to solicitation of bids.
9. COMPLIANCE WITH PARKING RATIOS: Notwithstanding anything else set forth in this
Agreement, in no event shall the City be required to issue an occupancy certificate for any
completed structure within the Project until the City has confirmed that the City's parking
requirements under the Existing Ordinances will continue to be satisfied prior to the issuance
of such occupancy certificate. Notwithstanding anything set forth in the Existing Ordinances,
NMEH and the City have agreed that the number of parking spaces to be required for the
Project shall include four hundred four (404) spaces.
10. RESERVED
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11. MITIGATION MEASURES: The City and NMEH agree that the Mitigation Measures have
been identified for incorporation into the Project design and described in Section 11.2 and
reflected in Exhibit "C" adequately mitigate any and all environmental effects of the Project.
NMEH agrees that the Mitigation Measures and conditions of approval set forth in Exhibit
"C" shall be the obligations of NMEH and that such measures shall be implemented
consistent with the progress of the development of the Project.
11.1 Responsibilities of NMEH: NMEH shall retain registered and licensed engineers to
provide design services for all Mitigation Measures described in Section 11.2 and
reflected in Exhibit"C." NMEH shall obtain all necessary permits required to construct
the Mitigation Measures 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.
11.2 Cost of Public Improvements: In consideration of the covenants, terms, and
conditions hereunder, NMEH shall be solely responsible for providing or furnishing all
engineering; plan-checking; inspection; construction bonds; construction costs to
relocate existing utilities in Butte, Liberty, Placer,and Continental Streets;construction
of the Mitigation Measures described in this Section; and 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 area. NMEH shall also contribute to the City
a sum of One Hundred Eighty-seven Thousand, Five Hundred Dollars ($187,500) as
NMEH's portion for the future installation of traffic signals at the eastbound ramps for
the SR-299 and Auditorium Drive interchange. This sum may be paid in full anytime
within one year of the effective date of execution of this Agreement after which it is
subject to an escalation factor based upon the 20 City Average Construction Cost
Index. The escalation factor is to recognize the diminishing value of the construction
dollar over time.
The City shall credit NMEH for excess traffic impact fees paid by accounting for
projects constructed that are identified on the overall Traffic Impact Fee approved-
project list. The credit shall be calculated by the City based on Section 16.45.120(B)
of the Redding Municipal Code. Because the building permit for the Project will be
issued by the OSHPD, the City hereby consents to the payment of the Traffic Impact
Fee at any time before the commencement of the Project. In no event, however, shall
NMEH be responsible for an amount greater than the costs estimated in this Section
for the traffic fee and the Mitigation Measures.
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.
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► Remove existing valley gutter and install a storm-drain system at the intersection of
East and Placer Streets.
• Install traffic-actuated traffic signals at the intersections of:
Placer Street/East Street
Placer Street/Continental Street
Butte Street/Continental Street
Park Marina Drive/Auditorium Drive
• Contribute to the City a sum of $187,500 as NMEH's portion to cover the installation
of traffic signals at two ramps of the SR-299 and Auditorium Drive interchange.
11.3 Completion of Public Improvements: NMEH shall endeavor to complete the
construction of all Mitigation Measures as soon as practicable subject to the
conditions precedent set forth in Section 16.3. Notwithstanding anything to the
contrary stated in this Agreement, NMEH shall not proceed with the closure of that
portion of Butte Street between East and Liberty Street from SR-299 to Butte Street
until all Mitigation Measures are completed. Prior to the commencement of the
Mitigation Measures, NMEH shall deliver a guaranty bond to the City, guaranteeing
the full and prompt performance of NMEH's obligations to complete the Mitigation
Measures, and a title report, showing the underlying fee and title to all Liberty and
Butte Streets in the vacated areas, resides with NMEH. Upon submission by NMEH
of a certificate of completion of the construction of the Mitigation Measures, the City
shall record a resolution to close Butte and Liberty Streets.
NMEH may proceed with the closure of Liberty Street subject to meeting the
requirements of the Fire Marshal and Caltrans provided such closure does not impair
traffic movement on Butte Street. Closure of Liberty Street shall not occur unless
contracts have been awarded and a guaranty bond is provided to complete the
Mitigation Measures as required in this Section. In addition, a title report shall be
submitted before any work occurs on Liberty Street that shows NMEH has the
underlying fee title to the street.
12. CITY OBLIGATIONS:
12.1 Street Closure Approval: Pursuant to Resolution No. 90-344, the City shall approve
NMEH's Application for Abandonment, A-2-90, for the public abandonment and
closure of Butte Street right-of-way between East Street and Liberty Street and the
portion of Liberty Street right-of-way between Yuba Street and Tehama Street by
enacting the necessary resolution(s).
12.2 List of Eligible Contractors: To assist NMEH in the competitive bid process, the
City shall provide a list of eligible general construction contractors who have provided
prior services to the City for similar work.
12.3 Access and Right of Way Concerns: The City shall resolve any access or right-of-
way issues which may arise during the construction period of Public Improvements
by NMEH. The City shall obtain for the benefit of NMEH any agreements, consents
and approvals of adjacent property owners or other permitting agencies necessary to
permit the construction of Public Improvements subject to NMEH's paying for the cost
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of these efforts. Costs incurred under this Section can be credited against the traffic
impact fee upon submission of invoices for costs incurred, except for engineering
costs if these costs are associated with a project on the City's Master Traffic Fee List
(Exhibit A of Resolution 90-371, as amended).
12.4 Justifiable Reliance: The City acknowledges that, in investing money and planning
effort in and to the Project, NMEH will be doing so in reliance upon the City's
representations contained in this Agreement and upon the enforceability of this
Agreement. NMEH understands that the City has made street planning decisions and
has vacated streets based upon NMEH's stated intent to construct the project.
12.5 Consistency with Existing Ordinances: The City hereby represents, based upon
all information made available to the City prior to or concurrently with the execution
of this Agreement, that there are not any Existing Ordinances to its knowledge that
would prohibit or prevent the full completion and occupancy of the Project in
accordance with the design, development and site planning standards incorporated
and agreed to herein and approved by UP-5-92.
12.6 Cooperation and Implementation: The City represents that it will cooperate with
'NMEH to the fullest extent reasonable and feasible to implement the provisions of this
Agreement. Upon satisfactory completion by NMEH of all required preliminary actions
and payment of appropriate processing fees, if any, the City shall promptly commence
and diligently proceed to complete all required steps necessary for the implementation
of this Agreement and the development by NMEH of the Project in accordance with
the terms of this Agreement, including, but not limited to the processing and checking
of site plan reviews, utility connection authorizations, grading permits, bond releases
and all other discretionary and ministerial permits and certificates necessary,
convenient or appropriate to permit NMEH to grade, excavate, construct, develop,
improve, use, and occupy the Project in a manner consistent with the approved use
permit.
13. PERIODIC REVIEW OF COMPLIANCE:
13.1 Annual Review: The City and NMEH shall annually review this Agreement, and all
actions taken pursuant to the terms of this Agreement with respect to the Project.
Such annual review shall be undertaken in accordance with the provisions of this
Article 13.
13.2 NMEH Submission: Not less than thirty (30), nor more than sixty (60) days prior to
the first (1st) anniversary date of this Agreement, and each anniversary of the
Effective Date, NMEH shall submit to the Planning Director a letter setting forth
NMEH's good faith compliance with the terms and conditions of this Agreement. Such
letter shall be accompanied by such documents and other information as may be
reasonably necessary and available to NMEH to enable the Planning Director to
undertake his/her annual review of NMEH's good faith compliance with the terms of
this Agreement, and shall also state that such letter is submitted to City pursuant to
the requirements of California Government Code Section 65865.1 and City Council
Resolution No. 81-87.
13.3 Finding of Compliance: The Planning Director shall review NMEH's submission to
ascertain whether NMEH has complied in good faith and with the terms of this
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Agreement. Upon request of the Planning Director, NMEH shall furnish such
additional documents or information as may be reasonably required and available to
NMEH to enable the Planning Director to find good faith compliance by NMEH with
the terms of this Agreement, he/she shall issue a certificate of compliance certifying
NMEH's good faith compliance with the terms of this Agreement through the period
of the applicable annual review. Such certificate of compliance shall be in recordable
form and shall contain such information as may be necessary in order to impart
constructive record notice of the finding of good faith compliance hereunder. NMEH
shall have the right to record the certificate of compliance in the Official Records of
the County of Shasta. At least ten (10) days prior to making his/her determination
hereunder, the Planning Director shall provide to NMEH copies of all staff reports and
other information concerning NMEH's compliance with the terms of this Agreement
and the determination proposed by the Planning Director.
13.4 Findinq of Noncompliance: If the Planning Director, on the basis of substantial
evidence, find that NMEH has not complied in good faith with the terms of this
Agreement, he/she shall specify in writing to NMEH the respects in which NMEH has
failed to comply. The Planning Director shall also specify a reasonable time for
NMEH to meet the terms of compliance, which time shall be not less than thirty (30)
days and shall be reasonably related to the time necessary adequately to bring
NMEH's performance into good faith compliance with the terms of this Agreement.
If the areas of noncompliance specified by the Planning Director are not perfected
within such reasonable time limits prescribed by the Planning Director, then this
Agreement shall be subject to modification or cancellation pursuant to this Agreement.
13.5 Reference to Planning Commission: The Planning Director may refer any review
to be conducted hereunder to the Commission, together with the staff report on the
Planning Director's preliminary findings. Upon such referral, the Commission shall
conduct a noticed public hearing to determine the good faith compliance by NMEH
with the terms of this Agreement, in accordance with the provisions of this Article 13,
and the City's regulations establishing procedures for development agreements.
13.6 Appeals to City Council: If NMEH appeals a determination of noncompliance
hereunder to the City Council as specified in the Redding Municipal Code, then the
City Council shall schedule the hearing thereon not earlier than thirty (30) days after
NMEH files its notice of appeal. At such hearing, NMEH shall be entitled to submit
evidence and address all the issues raised in the notice of noncompliance or on
appeal. NMEH may submit either, or both, written or oral evidence at the hearing
before the City Council. If, after receipt of any response of NMEH and after
considering all of the evidence at such public hearing, the City Council finds and
determines on the basis of substantial evidence that NMEH has not complied in good
faith with the terms and conditions of this Agreement, then the City Council shall
specify to NMEH the respects in which NMEH has failed to comply, and shall also
specify a reasonable time for NMEH to meet the terms of compliance, which time
shall be not less than thirty (30) days and shall be reasonably related to the time
necessary to adequately bring NMEH's performance into good faith compliance with
the terms of this Agreement. If the areas of noncompliance specified by the City
council are not perfected within such reasonable time limits herein prescribed, then
the City Council may by noticed hearing terminate, modify or take such other actions
as may be specified in the Redding Municipal Code. A notice of determination
hereunder of noncompliance by NMEH shall specify in detail the grounds therefor and
10
• •
all facts demonstrating such noncompliance, so the NMEH may address the issues
raised in the notice of noncompliance on a point-by-point basis on any appeal taken
to the City Council hereunder.
14. PERMITTED DELAYS; SUPERSEDURE BY SUBSEQUENT LAWS:
14.1 Permitted Delays: In addition to any specific provisions of this Agreement,
performance by either party of its obligations hereunder shall be excused during any
period of delay caused at any time by reason of acts of God or civil commotion, riots,
strikes, picketing, or other labor disputes, shortage of materials or supplies, or
damage to work in process by reason of fire, floods, earthquake, or other casualties,
restrictions imposed or mandated by governmental or quasi-governmental entities,
enactment of litigation, acts of negligence of the other party, or any other cause
beyond the reasonable control of a party. Each party shall promptly notify the other
party of any delay hereunder as soon as possible after the same has been
ascertained. The Term of this Agreement shall be extended by the period of any
delay hereunder.
14.2 Supersedure of Subsequent Laws: If any State or Federal law made or enacted
after the date of this Agreement prevents or precludes compliance with one or more
provisions of this Agreement,then the provisions of this Agreement shall, to the extent
feasible, be modified or suspended as may be necessary to comply with such new
law. Immediately after enactment of any such new law, the parties shall meet and
confer in good faith to determine the feasibility of any such modification or suspension
based on the effect such modification or suspension would have on the purposes and
intent of this Agreement. If such modification or suspension is infeasible in NMEH's
reasonable business judgement, then NMEH shall have the right to terminate this
Agreement by written notice to City. In addition, at NMEH's election, the Term of this
Agreement may be extended for one (1) year pursuant to Section 14.1 above if a new
law precludes compliance with the provisions of this Agreement. In addition, NMEH
shall have the right to challenge the new Law preventing compliance with the terms
of this Agreement, and, in the event such challenge is successful, this Agreement
shall remain unmodified and in full force and effect, except that the Term shall be
extended by such challenge pursuant to Section 15.1 below. In the event the State
or Federal law prevails, this Agreement shall become null and void to the extent the
State or Federal law impedes moving forward with the project. Withholding of
approval of construction drawings or denial of hospital expansion by the State shall
not be considered an impediment to the project. In the event any local moratorium
is placed upon development that would preclude connection to the City's water,
sewer, or electric systems, the term of this Agreement shall be extended the term of
the moratorium.
15. EVENTS OF DEFAULT; REMEDIES; TERMINATION; ATTORNEY'S FEES:
15.1 Events of Default: Subject to any extensions of time by mutual consent in writing,
and subject to the provisions of Section 14.1 regarding permitted delays, any failure
by either party to perform any material term or provision of this Agreement shall
constitute an Event of Default, (a) if such defaulting party does not cure such failure
within thirty (30) days following notice of default from the other party, where such
failure is of a nature that can be cured within such thirty (30) day period, or (b) if such
failure is not of a nature which can be cured within (30) period commence substantial
11
• i
efforts to cure such failure, or thereafter does not within a reasonable time prosecute
to completion with diligence and continuity the curing of such failure. Any notice of
default given hereunder shall specify in detail the nature of the failure in performance
which the noticing party claims constitutes the Event of Default and the manner in
which such Event of Default may be satisfactorily cured in accordance with the terms
and conditions of this Agreement. During the time periods herein specified for cure
of a failure of performance, the party charged therewith shall not be considered to be
in default for purpose of termination of this Agreement, institution of legal proceedings
with respect thereto, or issuance of any building permit with respect to the Project.
15.2 Remedies; Reference: Upon the occurrence of an Event of Default, the
nondefaulting party shall have the right, in addition to all other rights and remedies
available at law or in equity, to (a) bring any proceeding in the nature of specific
performance, injunctive relief or mandamus, and/or (b) bring any action at law or in
equity as may be permitted by laws or this Agreement in order to recover all damages
necessary to compensate the nondefaulting party for all the detriment proximity
caused by the defaulting party's failure to perform its agreements, obligations or
undertakings hereunder, or otherwise arising out of the Event of Default, or which in
the ordinary course of things would be likely to result therefrom. In addition, upon the
occurrence of an Event of Default, the nondefaulting party shall have the right to
terminate this Agreement, but any such termination shall not affect such party's right
to seek compensatory damages on account of the Event of Default for which this
Agreement has been terminated. Any proceeding or legal action brought by either
party shall be heard upon a reference from the Shasta County Superior Court
pursuant to Code of Civil Procedure Section 638 et seq. NMEH and the City shall
agree upon a single referee who shall then try all issues, whether of fact or law, and
report a finding and judgement thereon and issue all legal and equitable relief
appropriate under the circumstances of the controversy before him. If NMEH and the
City are unable to agree on a referee within ten (10) days of a written request to do
so by any party thereto, either party may seek to have one appointed pursuant to
Code of Civil Procedure §638 and §640. The cost of such proceeding shall initially
be borne equally by the parties. Any referee selected pursuant to this Section 15.2
shall be considered a temporary judge appointed pursuant to Article VI, Section 21
of the California Constitution. Should any action be brought in any court of competent
jurisdiction, the prevailing party in such action shall be entitled,•in addition to all other
costs, reasonable attorneys' fees and shall be entitled to recover its contribution for
the costs of the reference as an item of damage and/or recoverable costs.
15.3 Litigation Expenses: (a) If either party brings an action or proceeding (including,
without limitation, any cross-complaint, counterclaim, or third-party claim) against the
other party by reason of an Event of Default, or otherwise arising out of this
Agreement, the prevailing party in such action or proceeding shall be entitled to its
costs and expenses of suit, including but not limited to reasonable attorneys' fees,
which shall be payable whether or not such action is prosecuted to judgement.
"Prevailing party" within the meaning of this Section 15.3 shall include, without
limitation, a party who dismisses an action for recovery hereunder in exchange for
payment of the sums allegedly due, performance of covenants allegedly breached,
or consideration substantially equal to the relief sought in the action.
(b) If either party is required to initiate or defend any action or proceeding with a third
person (including, without limitation, any cross-complaint, counterclaim or third-party
12
• •
claim) because of the other party's commission of an Event of Default, or failure to
enforce this Agreement, or otherwise arising out of this Agreement, and such initiating
or defending party is the prevailing party in such action or proceeding, then such party
shall be entitled to reasonable attorneys' fees from the other party.
(c) Attorneys' fees under this Section 15.3 shall include attorneys' fees on any appeal,
and, in addition, a party entitled to attorneys' fees shall be entitled to all other
reasonable costs and expenses incurred in connection with such action.
15.4 Effect of Termination: If this Agreement is terminated on account of an Event of
Default, such termination shall not affect any right or duty emanating from City
Approvals with respect to the Project approved concurrently or subsequently to the
approval of this Agreement, but the rights, duties and obligations of the parties
hereunder shall otherwise cease as,of the date of such termination. If the City is the
terminating party, then any and all benefits received by the City shall be retained by
the City; but if NMEH is the terminating party, then NMEH shall be entitled to all of the
benefits arising out of, or entitlements on account of, any Exactions paid, given or
dedicated to, or received by, the City under this Agreement. Notwithstanding the
foregoing provisions, if the City is the terminating party, so long as NMEH is able to
demonstrate vested rights, no termination of this Agreement shall prevent NMEH from
completing and occupying buildings or other improvements authorized pursuant to
valid building permits previously issued and approved by OSHPD, or under
construction at the time of termination, but the City may take any action permitted by
law to prevent, stop or correct any violation of law occurring during and after
construction, and NMEH or any tenant shall not occupy any portion of the Project.
In connection with the preceding sentence NMEH shall be deemed to have
demonstrated "vested rights" if NMEH has substantially relied on a building permit or
approval issued by OSHPD. As used in the preceding sentence "substantial reliance"
shall be defined to mean the incurring of liabilities or the making of expenditures by
NMEH of at least$100,000 on construction following the issuance of a building permit
or approval. (For the first two (2) years of the Agreement, "substantial reliance"
requires the expenditure of $100,000 on construction following issuance of a building
permit only or completion of the off-site improvements.) In the event NMEH is the
terminating party, no termination of this Agreement shall prevent NMEH from
completing and occupying buildings or other improvements authorized pursuant to
valid building permits previously approved by City or under construction at the time
of termination, but City may take any action permitted by law to prevent, stop or
correct any violation of law occurring during and after construction, and NMEH or any
tenant shall not occupy any portion of the Project, or any building not authorized by
a previously issued building permit. The parties hereby acknowledge that the intent
of the preceding sentence is to cause NMEH to have vested rights with respect to any
building or improvement for which a valid building permit has been issued or on which
construction has substantially commenced as set forth above at the time of
termination. As used herein, "construction" shall mean work under a valid building
permit, and "completing" shall mean completion for beneficial occupancy for NMEH's
use, or if a portion of the Project is intended for use by a lessee or tenant, then for
such portion "completing" shall mean completion except for interior improvements,
such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting,
furniture,trade fixtures,finished ceilings,and other improvements typically constructed
by or for tenants of similar buildings. All such uses hereunder shall, to the extent
13
• •
applicable, be deemed nonconforming uses, and shall be subject to the
nonconforming use provisions of the Existing Ordinances.
16. AMENDMENT AND TERMINATION:
16.1 Amendment or Cancellation: Except as provided in Article 13 above with respect
to City's annual review thereunder, this Agreement may be canceled, modified or
amended only by mutual consent of the parties in writing, and then only in the manner
provided for in the California Government Code Section 65868. Any amendment to
this Agreement which does not relate to the Term, permitted uses or intensity of use,
conditions, terms, restrictions and requirements relating to subsequent discretionary
actions, monetary contributions by NMEH, or any conditions or covenants relating to
the use of the Property, shall require the giving of notice pursuant to California
Government Code Section 65857 as specified in Section 65868 thereof, but shall not
require a public hearing before the parties may make such statement.
16.2 Recordation of Amendment: Any amendment or cancellation of this Agreement
effected by the parties hereunder shall be recorded by the Clerk to the City Council
not later than ten (10) days after the effective date of the action effecting such
amendment or cancellation, which amendment or cancellation shall describe the
Property subject thereto.
16.3 Optional Termination: Notwithstanding anything to the contrary stated in this
Agreement, NMEH may at any time within thirty-six (36) months after the Effective
Date hereof (the "Termination Period") terminate this Agreement IF AND ONLY IF the
following conditions subsequent have not been satisfied within the Termination Period:
a. NMEH has obtained final approval in writing of the plans/specifications for the
Project by OSHPD.
b. NMEH has received Project approval in writing by the Board of Directors of
National Medical Enterprises. Board approval constitutes ratification of NMEH's
ability to incur specified costs and expenses for the expansion of designated
health-care facilities at Redding Medical Center.
NMEH shall exercise best reasonable efforts to prepare and submit
plans/specifications in a prompt and timely fashion for approval to OSHPD, and
continue its due diligence to respond to changes, requests for modifications and
provide such other information or documentation as required by OSHPD.
17. MISCELLANEOUS.
17.1 Approvals: Unless otherwise herein provided, whenever consent approval, or
satisfaction (herein collectively referred to as an "approval"), is required of a party
pursuant to this Agreement, it shall not be unreasonably withheld. Unless provision
is made for a specific time period, approval shall be deemed given within thirty (30)
day period, or other time period as may be specified in the Agreement for approval,
that party shall then be deemed to have given its approval. If a party shall
disapprove, the reasons therefor shall be stated in reasonable detail in writing.
Approval by a party to or of any act or request by the other party shall not be deemed
to waive or render unnecessary approval to or of any similar or subsequent acts or
14
• •
requests. The standards, terms and conditions for Approvals under this Agreement
shall extend to and bind the partners, officers, directors, shareholders, trustees,
beneficiaries, agents, elective or appointive boards, commissions, employees, and
other authorized representatives of each party, and each such Person shall make or
either enter into, or take any action in connection with, any approval hereunder in
accordance with such standards, terms and conditions.
17.2 Enforcement: Unless amended or canceled as provided in Section 16, this
Agreement is enforceable by any party to it despite a change in the applicable general
or specific plans,zoning, subdivision or building regulations adopted by the City which
alters or amends the rules, regulations or policies governing permitted uses of the
land, governing density, and governing design, improvement, and construction
standards and specifications applicable to development of the Property.
17.3 Waivers: Each party, for itself and to the extent it is legally permissible, on behalf of
its insurer hereby releases and waives any right to recover against the other party for
any liability for (a) damages for bodily injury or death of persons, (b) any loss or
damage to Property, (c) any loss or damage to buildings or other improvements, or
(d) claims arising by reason of any of the foregoing, to the extent that such damages
and/or claims under clauses (a) through (d) are covered (and only to the extent of
such coverage) by insurance carried by each party, irrespective of any negligence on
the part of such party which may have contributed to such loss or damage. The
provisions of this Section 17.3 are intended to restrict each party to recovery for loss
or damage against insurance carries to the extent of such coverage, and waive fully,
and for the benefit of the other party, any rights and/or claims which might give rise
to a right of subrogation in any such insurance carrier.
17.4 Binding Effect of Agreement: The burdens of this Agreement bind and the benefits
of the Agreement inure to the parties' successors in interest.
17.5 Relationship of the Parties: It is understood that the contractual relationship
between the City and NMEH is such that NMEH is an independent contractor and not
an agent of the City.
17.6 Notices: All notices, demands and correspondence required or provided for under
this Agreement shall be in writing and delivered in person or dispatched by certified
mail, postage prepaid. Notice required to be given to City shall be addressed as
follows:
Copy to: Director of Planning & Community Development
City of Redding
760 Parkview Avenue
Redding, CA 96001-3396
Copy to: Redding Medical Center
1100 Butte Street
Redding, CA 96001-0853
Attn: Gerald E. Knepp
Executive Director
15
•
Copy to: NME Hospitals, Inc.
2700 Colorado Avenue
Santa Monica, CA 90404
Attn: Joseph D. Epps, Jr.
Vice President and Assistant Secretary
Either party may change its address by giving notice in writing to the other party.
Thereafter, notices, demands and other pertinent correspondence shall be
addressed and transmitted to the new address. No waiver shall of this
Section 17.6 be inferred or implied from any act (including conditional approval, if
any) of a party, unless such waiver is in writing, specifying the nature and extend
of the waiver.
17.7 Not a Public Dedication: Except as otherwise set forth herein for improvements
within the public right-of-way, nothing herein contained shall be deemed to be a
gift or dedication of the Property, or of the Project, or portion thereof, to the
general public, for the general public, or for any public use or purpose whatsoever,
it being the intention and understanding of the parties that this Agreement be
strictly limited to and for the purpose herein expressed for the development of the
Project as private property. NMEH shall have the right to prevent or prohibit the
use of the Property, or the Project, or any portion thereof, including common areas
and buildings and improvements located therein, by any Person for any purpose
inimical to the operation of the Project as contemplated by this Agreement.
17.8 Severability: Invalidation of any of the provisions contained in the Agreement, or
of the application thereof to any Person, by judgment or court order shall in no way
affect any of the other provisions hereof or the application thereof to any other
Person or circumstances and the same shall remain in full force and effect, unless
enforcement of this Agreement as so invalidated would be unreasonable or grossly
inequitable under all circumstances or would frustrate the purposes of this
Agreement.
17.9 Entire Agreement: This written Agreement and the Exhibits hereto, and any
memoranda entered into by the parties, contain all the representations and the
entire Agreement between the parties with respect to the subject matter hereof.
Except as otherwise specified in this Agreement, any prior correspondence,
memoranda, agreements,warranties or representations are superseded in total by
this Agreement and Exhibits hereto, and such memoranda.
17.10 Construction of Agreement: The provisions of this Agreement, the Exhibits
hereto and any such memoranda shall be construed as a whole according to their
common meaning and not strictly for or against any party and consistent with the
provisions hereof, in order to achieve the objectives and purpose of the parties
hereunder. The captions preceding the text of each Section, subsection,
paragraph, sub-paragraph and the Table of Contents hereof are included only for
convenience of reference and shall be disregarded in the construction and
interpretation of this Agreement. Wherever required by the context, the singular
shall include the plural and vice versa, and the masculine gender shall include all
feminine or neuter genders, or vice versa.
16
•
• •
17.11 Mitigation of Damages: In all situations arising out of this Agreement, the parties
shall attempt to avoid the minimize the damages resulting from the conduct of the
other party. Each party shall take all necessary measures to effectuate the
provisions of this Agreement.
17.12 Covenant of Good Faith and Fair Dealing: Neither party shall do anything which
shall have the effect of harming or injuring the right of the other party to receive
the benefits of this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and each party
shall do everything which this Agreement contemplates that such party shall do in
order to accomplish the objectives and purposes of this Agreement.
17.13 Governing Law: This Agreement, and the rights and obligations of the parties,
shall be governed by and interpreted in accordance with the laws of the State of
California.
17.14 Signature Pages: For convenience, the signatures of the parties to this
Agreement may be executed and acknowledged on separate pages which, when
attached to this Agreement, shall constitute this as one complete Agreement.
17.15 Time: Time is of the essence of this Agreement and of each and every term and
condition hereto.
17.16 Insurance Requirements for Improvements Within the Public Right-of-way:
During the construction period, the property Owner shall procure and maintain for
the duration of the contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance
of the work hereunder by the Property Owner, his agents, representatives,
employees, or subcontractors.
a. Minimum Scope of Insurance
Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
including explosion, collapse, and underground property damage
(occurrence form CB 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering
Automobile Liability, owned, nonowned, and hired.
(3) Workers' Compensation insurance as required by the State of California
and Employers' Liability Insurance.
b. Minimum Limits of Insurance
Property Owner shall maintain limits no less than:
(1) General Liability: $3,000,000 per occurrence for bodily injury, personal
injury, and property damage. If Commercial General Liability Insurance
17
•
or other form with a general aggregate limit is used, the general
aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
(3) Employer's Liability: $3,000,000 per accident for bodily injury or
disease.
c. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved
by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its
officers, officials, employees, and volunteers; or the Property Owner shall
procure a bond guaranteeing payment of losses and related investigations,
claims administration, and defense expenses.
d. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, and agents are to be covered
as insureds as respects: liability arising out of activities performed by
or on behalf of the Property Owner; products and completed operations
of the Property Owner; premises owned, occupied, or used by the
Property Owner; or automobiles owned, leased, hired, or borrowed by
the Property Owner. The coverage shall contain no special limitations
of the scope of protection afforded to the City, its officers, officials,
employees, or agents.
(2) For any claims related to this project, the Property Owner's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees, and agents. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or agents shall
be excess of the Property Owner's insurance and shall not contribute
with it.
(3) Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to
the City, its officers, officials, employees, or agents.
(4) The Property Owner's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party,
or reduced in coverage or in limits except after thirty (30) days' prior
written notice has been given to the entity.
18
• e. Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best's rating of
no less than A:VII.
f. Verification of Coverage
Property Owner shall furnish the City with certificates of insurance and original
endorsements effecting coverage required by this clause. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on
its behalf. All endorsements are to be received and approved by the City
before work commences.
g. Subcontractors
Property Owner shall include all subcontractors as insureds under its policies
or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
PROJ\AGRMNT\RMCFINAL.AGR
19
4110 •
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day
and year first above written.
CITY OF REDDING NME HOSPITALS, INC., a Delaware
a municipal corporation of corporation
the State of California
By: By:
Mike Dahl, Mayor
Title:
By: By:
Connie Strohmayer, City Clerk
Title:
Approved as to form:
By:
Randall A. Hays, City Attorney
20
• • •
State of California
ss.
County of
On this day of , 19_, before me,
, a Notary Public for the State of California, duly
commissioned and sworn, personally appeared
and
[ ] personally known to me
[ ] proved to me on the basis of satisfactory evidence,
to be the Person(s) who executed the within instrument as Mayor and City Clerk of the City of
Redding, the municipal corporation executing the within instrument, and acknowledged to me that
the corporation executed it.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
21
110 •
• State of California
ss.
County of Los Angeles )
On this day of , 19_, before me,
, a Notary Public for the State of California, duly
commissioned and sworn, personally appeared
and
[ ] personally known to me
[ ] proved to me on the basis of satisfactory evidence,
to be the Person(s) who executed the within instrument as
and , respectively, of NMEH
Inc., the corporation that executed the within instrument, and acknowledged to me that such
corporation executed the within instrument pursuant to its By-Laws or a resolution of its Board of
Directors.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public
22
• •
EXHIBIT "A"
PROPERTY OWNED BY NATIONAL MEDICAL ENTERPRISES
The land referred to in this Development Agreement is described as: All that real property
situated in the City of Redding, Shasta County, State of California, described as follows:
• The following lots as shown on the map of Frisbie's Addition to the Town of Redding as per
plat recorded October 13, 1887, in Book of Old Plats at Page 43, Shasta County Records:
Lots 1, 2, 3, and 4 of Block 65
Lots 1, 2, 3, and 4 of Block 66
Lots 1 and 3 and the westerly 60 feet of Lot 2 of Block 59
Lots 3 and 4 of Block 64
• Lots 2 and 3 in Block 17, as shown on the Map of a portion of the original Town of Redding
as per plat recorded September 25, 1872, in Book of Old Plats at Page 65, Shasta County
Records.
4-7-92
PROJ\AGRMNT\RMCEXH-A.AGR
-
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' EXHIBIT "B"
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City of Redding
ylb c44, �,•#
USE PERMIT NO. UP-5-92
Name and Address Redding Medical Center
1100 Butte Street
Redding, CA 96099
At its regular meeting of April 7, 1992, the Redding City Council considered and
approved USE PERMIT UP-5-92, granting permission to allow a 78,000-square-foot
expansion of its existing hospital facility, to allow a building height of
76 feet, and to establish a second helipad, on property located at 1100 Butte
Street, in a "C-2" Central Commercial District subject to compliance with all
provisions of the Redding City Code and subject to the following conditions:
1. Approval is granted for partial demolition and construction of a hospital
expansion for a net gain of 78,000 square feet and 17 additional beds in
substantial conformance with the site plans and building elevations dated
February 19, 1992. The maximum building height shall be 76 feet calculated
by averaging the building height at the mid-point of the west, east, and
south building elevations. Minor site plan modifications may be approved
by the Planning Director; any substantial revisions will require either an
amendment to the permit or a new use permit.
2. This use permit shall be automatically revoked without further action if
the activity or use for which the use permit was granted has not actively
and substantially commenced within one year of the date of issuance or such
date as established by a development agreement, whichever occurs later.
.3. Redding Medical Center shall enter into a development agreement with the
City of Redding assuring completion of the following street improvements as
identified in the City Council approval of Abandonment A-2-90:
a. Reconstruct Continental Street between Butte Street and Placer Street.
b. Install traffic signals at:
Placer Street/East Street
Placer Street/Continental Street
Continental Street/Butte Street.
Park Marina Drive/Auditorium Drive/Butte Street
c. Contribute $187,500 toward the installation of signals at the
Highway 299/Auditorium Drive/Park Marina Drive ramps.
d. Underground overhead utilities or relocate existing underground
utilities as necessary on Continental Street.
Continued on Page 2
760 PARKVIEW AVENUE, REDDING CA 96001-3396 TELEPHONE 916-225-4000
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Page 2
These improvements shall be constructed in accordance with the requirements
of the City of Redding Public Works Department and Caltrans where
applicable. Improvement plans shall be submitted by the applicant and
approved by the City prior to the commencement of construction.
4. The intersections of Butte Street and Liberty Street and Liberty Street and
Tehama Street shall be reconstructed as necessary to accommodate the
closure of those blocks of Butte Street and Liberty Street as approved by
Abandonment A-2-90. Improvements may consist of, but not be limited to,
curb, gutter, sidewalk, tie-in paving, paving overlay, streetlights,
signage, and surface marking in accordance with the specifications of the
Public Works Department. Improvement plans shall be submitted by the
applicant and approved by the Department of Public Works prior to the
commencement of construction. Said improvements shall be completed prior
to occupancy of the hospital expansion or completion assured through the
development agreement. The loop driveway shall be signed as to entrance
and exit. If deemed necessary by Public Works, a median to create a
left-turn pocket shall be installed to prevent vehicle conflicts.
5. Redding Medical Center shall relocate all utilities within the abandoned
blocks of Butte Street and Liberty Street and offer for dedication to all
utility providers a new easement as necessary prior to or concurrent with
the recording of the City resolution implementing Abandonment A-2-90 or
assure such action through the development agreement with the City.
6. Redding Medical Center shall be responsible for all costs associated with
the relocation of utility services. Redding Medical Center is to be aware
that contracts to this effect may be required by the individual utility
providers.
7. Street-side and on-site fire hydrants are to be installed in accordance
with the Uniform Fire Code in locations approved by the City Fire Marshal .
The hydrants shall have a water source meeting ISO and City of Redding
fire-flow standards. If a hydrant is located on private property, adequate
easement access shall be dedicated to the City and the hydrant shall be
located in such a manner as to be accessible by fire trucks without
intervening vehicles, fences, or other obstructions.
8. Electric supply facilities shall be furnished and installed in accordance
with the Electric Utility Service Policy Resolution currently in effect at
the time the developer's plans are approved by the City of Redding.
9. Before the submittal of the final improvement plans to the Public Works
Department for plan check, the applicant shall also incorporate one copy of
the City of Redding Electric Department plans for providing electric
service.
Continued On Page 3
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10. Any necessary permits shall be obtained from the Shasta County Department
of Environmental Health and the Shasta County Air Quality Management
District.
11. The new helipad shall be utilized for emergency medical service only and
shall be approved by the Federal Aviation Administration and Caltrans'
Division of Aeronautics. Helicopter approaches and departures shall be
limited to an approach from or to the northeast as depicted on Exhibit "B."
12. The Tehama Street driveway to Parking Lot "C" shall be closed and replaced
with curb, gutter, sidewalk, and landscaping as illustrated on the
February 19, 1992, site plan.
13. a. The Tehama Street entrance to Parking Lot "E" shall be designed and
signed as "Service Entrance Only. " Exiting movements from Parking Lot
"E" to Tehama Street shall be physically restricted by the design of
the driveway entrance, and "Do Not Enter" signs shall be appropriately
placed. The design of the driveway entrance shall be approved by
Caltrans and the City Traffic Engineer, and the necessary encroachment
permits obtained by the applicant.
b. The applicant shall obtain an encroachment permit from Caltrans to
convert the southbound Liberty Street approach to Tehama Street
(Highway 299) to a "left-turn only" configuration.
14. A minimum of 404 vehicle parking spaces for the hospital shall be provided
within those parking lots identified on the approved site plan. The
parking spaces and driveways shall be paved, dimensioned, and striped in
accordance with the requirements of the City Parking Ordinance. The
parking areas shall incorporate a minimum of 7 parking spaces for the
handicapped; 12 motorcycle spaces; and a bicycle-locking facility shall be
provided in addition to the 404 vehicle spaces.
15. Ten percent of the interior of all new parking lots and any reconstructed
parking areas shall be landscaped and incorporate one 15-gallon shade tree
for every 4 spaces in accordance with Section 18.62.250 of the City Parking
Ordinance. A minimum 5-foot-wide planter shall be installed adjacent to
any public street.
16. Existing parking lot landscape planters shall be refurbished where original
planting has not survived and any other planters void of plant materials.
Continued on Page 4
UP-5-92/Redding Medical Center
Page 4
17. The applicant is to note the following in regard to parking lot planters:
a. Landscaping within a public right-of-way is not credited toward the
10 percent landscaping required in Condition 13.
b. A minimum 6-foot-wide planter is necessary to allow a 2-foot overhang
in the abutting parking stall .
18. All roof- or ground-mounted mechanical equipment shall be screened from
view with roof wells or walls architecturally compatible with the
structure.
19. The building expansion shall be set back a minimum of 10 feet from the west
property line. The setback area shall be landscaped with sod, foundation
shrubbery, and 15-gallon trees.
20. Final development plans shall be approved by the Board of Administrative
Review prior to any construction. Said plans shall consist of a final site
plan, parking layout, building elevations, sign plan, lighting plan,
colors, and materials.
21. The location of all solid waste dumpsters shall be illustrated on the final
site plan. The dumpsters shall be located in a manner or screened in a
manner such that they are not in public view.
If you have any questions, contact Doug DeMallie at 225-4020.
DATE SIGNED AND MAILED: April 8, 1992 14C(2-9-1
Phillip A. Perry,` Director
EFFECTIVE DATE: April 7, 1992
Copies to: Property Owner Applicant, if not property owner
Electric Department File